Terms And Conditions
1. Eatance Platform Terms of Service
1.1 Acceptance of Terms
By accessing or using the Eatance App (hereinafter referred to as "Eatance" or the "Service"), you agree to abide by these Terms and Conditions. Eatance Inc. reserves the right to modify these Terms and Conditions at any time without prior notice. Continued use of the Service following any modifications constitutes acceptance of the revised terms.
2. Eatance App Account
2.1 Accurate Information
You covenant and warrant that all information provided during the creation of your Eatance account is accurate, current, and complete. Providing false, misleading, or incomplete information constitutes a material breach of these Terms and Conditions and may result in the immediate termination of your account.
2.2 Security of Eatance Account
You agree to maintain the confidentiality of your Eatance account credentials, including your username and password, and to prevent unauthorized access to your account. You are solely responsible for all activities that occur under your account, whether or not you authorize them, and you agree to notify Eatance immediately of any unauthorized use or breach of security.
2.3 Discretionary Access to Eatance Accounts
Eatance reserves the right, in its sole discretion, to suspend, disable, or terminate access to your Eatance account without prior notice or liability for any reason or no reason, including but not limited to violations of these Terms and Conditions, suspected fraudulent or unlawful activity, or actions that may harm the integrity or reputation of the Service. Eatance may, but is not obligated to, provide notice of such suspension, disablement, or termination unless prohibited by law or deemed necessary to protect the security of the Service or its users.
2.4 Suspension, Termination, and Deletion of Account
Eatance may suspend, terminate, or delete your account at any time, with or without cause, in its sole discretion. In the event of suspension, termination, or deletion, you agree that Eatance shall not be liable to you or any third party for any loss or damages arising from or in connection with such action. You may also request the deletion of your account. If you request the deletion of your Eatance Customer Account, we may disable your Eatance App Account but retain the disabled account data for fraud prevention or other lawful purposes. may result in the loss of access to the Service, including any credits, rewards, or benefits associated with your account. Eatance shall not be liable to you or any third party for any such loss.
3. No Unlawful or Prohibited Use
3.1 Compliance with Laws
You agree to use the Eatance App in compliance with all applicable laws, regulations, and ordinances, including but not limited to those related to privacy, data protection, intellectual property, and consumer protection.
3.2 Prohibited Activities
You covenant and warrant that you will not engage in any activity that violates these Terms and Conditions or any applicable law or regulation. Prohibited activities include, but are not limited to:
- Unauthorized Access: Attempting to gain unauthorized access to the Eatance App, its servers, or any other systems or networks connected to the Service, including but not limited to hacking, password mining, or any other unauthorized means.
- Malicious Software: Uploading or transmitting any viruses, worms, Trojan horses, or other malicious code that may disrupt, damage, or interfere with the proper functioning of the Eatance App or any other user's device or data.
- Interference: Interfering with or disrupting the proper functioning of the Eatance App, including but not limited to spamming, phishing, or distributing unsolicited advertising or promotional materials.
- Intellectual Property Infringement: Infringing upon the intellectual property rights of Eatance, its affiliates, or any third party, including but not limited to copyrights, trademarks, patents, trade secrets, or other proprietary rights. This includes but is not limited to, copying, distributing, modifying, or creating derivative works based on the content of the Eatance App without prior written authorization.
3.3 Monitoring and Enforcement
Eatance reserves the right to monitor your use of the Eatance App and to investigate any suspected violations of these Terms and Conditions. Eatance may take appropriate legal action, including but not limited to suspending or terminating your account, removing or disabling access to any content, or reporting any unlawful activity to law enforcement authorities. You acknowledge and agree that any violation of these prohibitions may result in the immediate termination of your access to the Eatance App and may subject you to civil and criminal penalties under applicable law.
4. Intellectual Property
4.1 Intellectual Property Terms
All content and intellectual property rights associated with the Eatance App, including but not limited to logos, trademarks, service marks, trade names, text, graphics, images, icons, and software (collectively, the "Eatance Content"), are owned by Eatance or its licensors. You acknowledge and agree that the Eatance Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Restrictions
You agree not to reproduce, distribute, modify, adapt, create derivative works of, publicly display, or publicly perform any Eatance Content without prior written authorization from Eatance or the respective rights holder. Any unauthorized use of the Eatance Content may violate copyright, trademark, and other applicable laws and may result in civil and criminal penalties.
4.3 No Transfer of Rights
These Terms and Conditions do not grant you any ownership or intellectual property rights in or to the Eatance Content, and all rights not expressly granted herein are reserved by Eatance.
4.4 User Content License to Eatance
By posting, uploading, submitting, or otherwise making available any content on or through the Eatance App, including but not limited to reviews, comments, photos, videos, and other user-generated content (collectively, "User Content"), you grant Eatance a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, display, and perform the User Content in connection with the operation of the Eatance App and the provision of its services.
4.5 Rights Granted
You acknowledge and agree that by submitting User Content to Eatance, you grant Eatance the right to use the User Content for any purpose, including but not limited to promoting Eatance, improving its products and services, and creating derivative works based on the User Content.
4.6 User Representations
You represent and warrant that you have all necessary rights, licenses, and permissions to grant the foregoing license to Eatance and that your User Content does not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other proprietary rights.
4.7 Use of User Content by Other Users
By using the Eatance App, you acknowledge and agree that other users may view, share, and comment on your User Content. You understand that Eatance does not control or endorse the actions of other users regarding your User Content and that Eatance disclaims all liability for any use or misuse of your User Content by other users.
4.8 User Responsibility
You are solely responsible for your information and any consequences of posting or sharing it on the Eatance App. You agree to indemnify and hold Eatance harmless from any claims, damages, losses, or liabilities arising out of or in connection with your information.
4.9 Content Removal
Eatance reserves the right, but is not obligated, to monitor, review, edit, or remove any User Content that violates these Terms and Conditions or is otherwise objectionable, in Eatance's sole discretion. You acknowledge and agree that Eatance may retain and store your User Content for backup, archival, or other administrative purposes, even after it has been removed from public view.
5. Availability, Updates, and Disclaimers Regarding Content
5.1 Availability
Eatance strives to ensure the availability of the Service, but you acknowledge and agree that Eatance does not guarantee uninterrupted access or error-free operation of the Eatance App. Technical issues, maintenance, or other factors beyond Eatance's control may occasionally affect the availability of the Service. Eatance will make reasonable efforts to minimize downtime and restore Service as quickly as possible, but you agree that Eatance shall not be liable for any interruptions, delays, or disruptions in Service.
5.2 Updates
Eatance may release updates, patches, or new versions of the Service at its discretion. You agree to install such updates promptly to maintain compatibility, security, and optimal performance of the Eatance App. Failure to install updates may result in limited functionality or access to certain features of the Service. You acknowledge and agree that Eatance may deploy updates automatically or require users to install them manually.
5.3 User Responsibility
You are responsible for ensuring that your device or system meets the minimum requirements for installing and running updates to the Eatance App. You acknowledge that failure to install updates may expose your device or data to security vulnerabilities or compatibility issues.
5.4 Disclaimers Regarding Content
5.4.1 Menu Information
Eatance serves as a third-party platform facilitating the connection between users and restaurants. Eatance provides menu information, including allergy and dietary information, for informational purposes only. You acknowledge and agree that this information is provided by the respective restaurants and not by Eatance.
5.4.2 Verification
Users are encouraged to verify menu information, including ingredients, allergens, and nutritional content, with the respective restaurants or establishments directly before making any food choices or purchases. Eatance disclaims all liability for any inaccuracies, omissions, or discrepancies in menu information provided through the Service.
5.4.3 Adverse Reactions
You acknowledge and agree that consuming food items based on menu information provided through the Eatance App is at your own risk. Eatance is not liable for any adverse reactions, health consequences, or other damages resulting from reliance on menu information or the consumption of food items obtained through the Service.
5.4.4 User-Generated Content
Eatance may include user-generated content such as reviews, ratings, and comments. This content reflects the views and opinions of the users and not those of Eatance. Eatance does not endorse, verify, or guarantee the accuracy or reliability of any user-generated content and disclaims all liability for any loss or damage resulting from reliance on such content.
5.4.5 Third-Party Links
The Eatance App may contain links to third-party websites or services that are not owned or controlled by Eatance. Eatance has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Eatance shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
6. Eatance Rewards System
6.1 Earning Eatance Coins
6.1.1 Eligibility
Only registered users of the Eatance App are eligible to earn Eatance Coins.
6.1.2 Actions that Earn Coins
Users can earn Eatance Coins by registering the app, placing food orders, participating in promotional activities, and performing other actions as specified by Eatance.
6.1.3 Coin Value
The value of Eatance Coins may vary and is determined by Eatance. One Eatance Coin may not necessarily equal one unit of currency.
6.1.4 Notification of Earned Coins
Users will be notified via the app or notifications when they have earned Eatance Coins.
6.2 Redeeming Eatance Coins
6.2.1 Redemption
Eatance Coins can be redeemed for discounts on food orders, exclusive deals, or other rewards specified by Eatance.
6.2.2 Redemption Rate
The rate at which Eatance Coins can be redeemed will be determined by Eatance and may be subject to change.
6.2.3 Expiration
Eatance Coins must be used within a certain timeframe. Unused coins may expire, and Eatance reserves the right to alter the expiration period.
6.3 Terms of Use
6.3.1 Restrictions
Non-Transferable: Eatance Coins are non-transferable and cannot be exchanged for cash.
Limitations: Eatance Coins may not be applicable to all items, and certain restrictions may apply.
Abuse: Any abuse of the Eatance Rewards System, including but not limited to fraudulent activities, may result in the forfeiture of Eatance Coins and termination of the user's account.
6.3.2 Changes to the Rewards System
Modification: Eatance reserves the right to modify, suspend, or terminate the Rewards System, including the earning and redemption processes, at any time without prior notice.
Notification of Changes: Any significant changes to the Rewards System will be communicated to users via the app, email, or SMS.
6.3.3 Liability
No Liability: Eatance is not liable for any losses or damages arising from the suspension, termination, or modification of the Rewards System.
Errors: Eatance is not responsible for any errors or omissions in calculating Eatance Coins or applying rewards.
7. No Implied Warranties; Limitations of Liability
7.1 No Implied Warranties
Eatance provides the Service on an "as is" and "as available" basis without any warranties, express or implied. To the fullest extent permitted by law, Eatance disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge that your use of the Service is at your own risk and discretion.
7.2 Third-Party Platform Disclaimer
You acknowledge and agree that Eatance operates as a third-party platform facilitating the connection between diners and restaurants for food pickup, Dine-in, and table booking services only. Eatance does not provide food delivery services and is not directly involved in the preparation, handling, or delivery of food items.
As a third-party platform, Eatance is not liable for any food-related mishaps, including but not limited to food allergies, dietary restrictions, incorrect orders, or any medical restrictions. Eatance expressly disclaims any responsibility and will not provide any compensation for such issues.
You agree that Eatance shall not be held responsible or liable for any damages, losses, or liabilities arising from food-related incidents, including but not limited to allergic reactions, adverse health effects, or dissatisfaction with food items ordered through the Service.
You acknowledge and agree that Eatance shall not be subject to any legal claims or lawsuits related to food-related mishaps, and you hereby waive any right to sue Eatance or the Eatance App for such issues.
By using the Eatance App, you acknowledge that you have read, understood, and agree to be bound by these limitations of liability. If you do not agree to these terms, you may not access or use the Eatance App.
7.3 Exclusion of Indirect Damages and Limitation of Liability
In no event shall Eatance, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Eatance App, even if Eatance has been advised of the possibility of such damages. This includes but is not limited to lost profits, loss of data, business interruption, or any other economic loss.
Eatance's total liability for any claims arising under these Terms and Conditions, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you, if any, for using the Eatance App.
You acknowledge and agree that Eatance, its affiliates, and its licensors shall not be liable for any damages, losses, or liabilities resulting from:
- Any errors, inaccuracies, or omissions in the Eatance App or its content.
- Any unauthorized access to or use of your Eatance account or information.
- Any interruptions or disruptions in the availability of the Eatance App.
- Any viruses, malware, or other harmful components transmitted through the Eatance App.
- Any content, conduct, or actions of third parties, including restaurants and other users of the Eatance App.
By using the Eatance App, you acknowledge that you have read, understood, and agree to be bound by these limitations of liability. If you do not agree to these Terms and Conditions, you may not access or use the Eatance App.
8. Indemnification
You agree to indemnify, defend, and hold harmless Eatance, its affiliates, officers, founders, owners, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Eatance App;
- Your violation of these Terms and Conditions or any applicable law or regulation;
- Your infringement of any intellectual property rights or other rights of any third party;
- Any content you submit, post, transmit, or make available through the Eatance App;
- Any action taken by Eatance as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation has occurred; or
- Your negligence or willful misconduct.
Eatance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Eatance in asserting any available defenses.
This indemnification section shall survive termination of your access to or use of the Eatance App, as well as any termination of these Terms and Conditions.
You acknowledge that the foregoing indemnity provisions are an essential part of these Terms and Conditions, and that without such provisions, Eatance would not provide access to the Eatance App.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms and Conditions shall be resolved in the courts located in Ontario, Canada.
10. Contact Us
If you have any questions or concerns about the Eatance Rewards System or Terms & Conditions, please get in touch with our customer support team through the Eatance app or email us at [email protected].