Last updated date: 05-03-2018
The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and Eatiz Inc. (the "Company"). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the "Service"), and downloading, installing or using any associated application supplied by the Company which purpose is to enable you to use the Service (collectively, the "Application"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.eatiz.org/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
THE COMPANY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, BICYCLE, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATION OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Key Content-related Terms
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“CompanyContent” means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
“Collective Content” means, collectively, Company Content and User Content.
Representations and Warranties
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you agree that:
License Grant and Restrictions
Licenses Granted by Company to Company Content and User Content
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
Payment Terms
Any fees that the Company may charge you for the Application or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing. Additionally, while we encourage our partners to maintain pricing consistent across platforms, pricing on our website may not reflect pricing in store, or on other platforms.
The Company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Application.
The end customer can choose between different payment methods provided on the platforms, which are currently the following: PayPal, Apple Pay, credit card, Interac, and immediate transfer. The provider reserves the right to provide other payment methods or to no longer offer certain payment methods. The end customer bindingly chooses the payment method when placing the respective order. Provided that the end customer chooses an online payment method, the payment might be processed by an external payment provider cooperating with the provider. Card data will in this case be stored for future orders by the payment provider, on the condition that the end customer chooses the respective storage of such and hereby gives consent to it.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
Third Party Interactions
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Service or Application should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company's website located at https://www.eatiz.org. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
Indemnification
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Internet Delays
THE COMPANY'S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY TRANSPORTATION PROVIDERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY TRANSPORTATION PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
Notice
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
Assignment
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Export Control
You agree to comply fully with all Canadian and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties.
General
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Alcohol
If you order alcohol in Canada, you agree that you are of legal age to purchase and consumer alcohol in the province in which the alcohol is delivered. You also warrant that you are not ordering alcohol for persons below the legal age in the relevant jurisdiction. You acknowledge and agree to provide valid government-issued identification proving your age upon meeting your Courier delivering the alcohol products and that the recipient will not be intoxicated when receiving such products. The delivery provider reserves the right to refuse delivery if you are not of legal age, if you cannot provide government issued identification to match the name of the order, or if you are visibly intoxicated.
Last updated date: 05-03-2018
At Eatiz, your privacy is important to us. In this Privacy Policy, we tell you what information we collect, share with others, and how we use it.
Scope of this Privacy Policy
Eatiz (“Eatiz,” “we,” “our,” and/or “us”) values the privacy of individuals who use our website and mobile apps (collectively, our “Platform”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from Eatiz’ users (“Users”). It applies to our customers (“Customers”), individuals who deliver products requested by Customers through our Platform (“Couriers”), anyone who signs up to become a Courier (“Prospective Couriers”), businesses selling products through our Platform (“Merchants”), and other partners who use our Platform to facilitate delivery of products (“Partners”). By using the Platform, you agree to the Privacy Policy and any future amendments and additions. Your use of our Platform is also subject to our Terms of Service.
1. Information You Provide Directly to Us
1.1. Information Provided by Customers
Sign Up and Profile Information. When you sign up and/or place an order through Eatiz as a Customer, you provide us with information, including, but not limited to your name, email address, physical address, and phone number. If you sign up using your Facebook account, we receive information including your name and email address. After registration, Customers can add multiple delivery addresses to their profile. You may be required to provide us with a photograph.
Payment Information. When you add a payment card to your Eatiz account, a third-party payments service provider receives your card information. We do not store full payment card information on our servers.
1.3. Information Provided by Merchants and Partners
Payment Information. A Merchant who signs up for our Platform provides us with certain information, including, but not limited to the business’s physical address, hours, and product information, including product details and price.
Payment Information. We may receive Merchants’ bank account information to provide payment.
1.4. Information Provided by All Users
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support team, we will receive your name, email address, and the contents of any message or attachments that you may send to us, as well as any other information you choose to provide.
2. Other Information We Collect Through Your Use of the Platform
Location and Sensor Information. We receive a Customer’s location information when you’re using the Eatiz app, including when the app is in use in the foreground or background. We may continuously collect location information and other motion-generated or orientation-generated mobile sensor data from Couriers and Prospective Couriers when the Eatiz app is in use in the foreground or background in order to personalize the app experience, assist in finding available markets and/or available delivery opportunities, offer delivery incentives, track the progress and completion of deliveries, and other similar purposes. We also use this information for analytics purposes. For information on your choices for sharing location information, please consult Section 7 on Your Choices.
Referrals. You may be able to refer Eatiz to friends and other contacts. To help you do this, we may request and you can grant us access to your mobile device address book. You can then direct us to send referral text messages or referral emails to contacts you select in your address book. We will use the data from your address book only to process your referral. By sending a referral, you also consent to Eatiz sending your public profile image to the contacts you select to receive a referral link.
Device Information. We receive information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, unique device identifiers, and, if you register with your Facebook account, your Facebook identifier.
Usage Information. We automatically receive information about your interactions with our Platform, such as the pages or other content you view, the products you search for or purchase, and the dates and times of your visits, to help us understand how you use our Platform, help us improve our Platform, and provide you information about our Platform, Merchants, and Partners.
Call and Text Information. We work with one or more third parties to facilitate phone calls and text messages between Customers and Couriers who are delivering the Customers’ products. We receive information about these communications including the date and time of the call or text message, the parties’ phone numbers, and the content of the text messages. We do not record or have access to the content of the phone calls
User Feedback. Customers and Couriers may be able to rate and review each other at the end of every delivery. Customers may be able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that Customers provide with Couriers and/or Merchants, but we will not identify the Customer. We may also share with Couriers their aggregate ratings. Customers may also provide us information and feedback related to your experience on the Platform, including, but not limited to order reviews, merchant reviews and merchant ratings.
Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies to understand how you navigate through and interact with our Platform, to learn what content is popular, for authentication and advertising purposes, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Platform. We also use cookies for data analytics purposes, including from Google Analytics. You can find more information on how Google uses data from these cookies at google.com/policies/privacy/partners. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of our Platform.
3. Information We Receive from Third Parties.
3.1. Information We Receive About Customers
Partners. If you make a purchase through one of our Partners that offers delivery via Eatiz, we receive information about your purchase, including your name, phone number, the product you purchased, and the delivery location.
3.2. Additional Information We Receive About Prospective and Active Couriers
Background Information on Couriers. Eatiz works with third-party providers to perform driving record and criminal background checks on Prospective and active Couriers, and in some instances these third parties provide Prospective and active Couriers’ records to Eatiz as part of the background check process.
3.3. Information From Affiliates and Non-Affiliated Third Parties
We may collect information about you or others through Eatiz affiliates or through non-affiliated third parties. For example, you may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, and/or email address and other information you allow to be imported from Facebook, which is controlled in your Facebook privacy settings.
Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites' privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.
We may also collect information about you or others through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau, or information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may combine information that we collect from you through the Platform with information that we obtain from such affiliated and non-affiliated third parties and information derived from any other products or services we provide.
4. How We Use Information We Collect
4.1. Uses of Information Collected from All Users
We may use the information we collect from all Users to:
We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
4.2. Additional Uses of Prospective and Active Courier Information
Additionally, we use information from Prospective and active Couriers for the following purposes related to the Platform: (1) determining whether to grant a Prospective Courier access to receive delivery opportunities through our Platform, and (2) sending emails and text messages to Prospective and active Couriers regarding their Eatiz sign up, available deliveries, incentives and other opportunities, and additional information about our Platform.
Additionally, we use the information we collect from Merchants to notify you about orders, deliveries, and returns, and for other administrative and marketing purposes, including via text message, push notifications, phone calls, and emails.
5. How Eatiz Shares Information It Collects From Users
5.1. Sharing between Customers and Couriers
When Couriers are offered delivery opportunities, they may be able to see the Customer’s delivery location. Once a Courier accepts a delivery request from a Customer, the Customer can see the Courier’s first name and last initial and the Courier can see the Customer’s first name and last initial. A Customer is also able to see a Courier’s photo, aggregate rating, and other information to identify the Courier, including, but not limited to the Courier’s license plate, and color, make, and model of vehicle. During a delivery, the Customer in some instances is able to see the Courier’s real-time location, and the Courier may be able to see the Customer’s delivery address and/or real-time location. During a delivery, Customers and Couriers are able to call and text each other. Customer and Courier phone numbers are masked and, only in rare instances, may they be able to see the other’s phone number. As described above, Customers are able to see a Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that a Customer provides with a Courier, but we will not identify the Customer. We may also share with Couriers their aggregate ratings.
5.2. Sharing between Couriers and Merchants
Before a Courier picks up the delivery from the Merchant and/or Partner and during the delivery, the Merchant and/or Partners may be able to see the Courier’s real-time location.
5.3. Sharing between Customers and Merchants
We may share your name, phone number, email address, and/or any physical address associated with your account or any delivery, with the Merchants from whom you’ve placed orders. Merchants may also have access to your public profile image, your feedback, and order information, including your purchase history and other information related to your orders with the particular Merchant. Such information provided to Merchants is not subject to this Privacy Policy, but instead is subject to Merchant’s own privacy policies which may allow Merchant to, among other things, send you marketing communications and other promotional content.
5.4. Service Providers
We share your information with service providers that perform services on our behalf, including all of the uses described in Section 4 above.
5.5. Other Sharing
We may share your information with third parties in the following cases:
6. Advertising Partners
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third party online advertising networks, social media companies, and other third party services to collect information about your use of our Sites over time so that they may play or display ads on our Sites, on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative's ("NAI") online resources, available at http://www.networkadvertising.org/choices, and/or the Digital Advertising Alliance's ("DAA") resources, available at http://www.aboutads.info/choices. You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device. Please note, however, that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again.
You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting "limit ad tracking" (iOS) or "opt out of interest-based ads" (Android).
Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Sites. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by vising NAI's online resources at http://www.networkadvertising.org/choices.
7. Your Choices
In addition to other choices described in this Privacy Policy and in the Platform, you have other choices regarding your information:
Profile Information. You can update your profile information through your profile settings. If you need to change the email address associated with your account, please contact us via our Help Center.
Location Information.While you can prevent your device from sharing location information at any time through your device’s operating system settings, Customer and Courier location is core to our Platform and without it, you may not be able to successfully use our Platform.
Email Subscriptions. You can always unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.
Account Deletion.If you would like to delete your Eatiz account, please contact us through our Help Center with your request. If you choose to delete your account, we will delete it for you, but may retain your account information to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law and/or regulations.
8. Third-Party Links
Our Platform may contain links to other websites, products, or services that we do not have control over. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read their privacy policies before giving them your information.
9. Data Security
We are committed to protecting your information. Even though we take precautions to protect Users’ data, no security measures can be 100% secure, and we cannot guarantee the security of Users’ data.
10. Children’s Privacy
Eatiz is not directed to children, and we do not knowingly collect personal information from children under 13. If you believe that a child under the age of 13 has given us personal information, please contact us via our Help Center.
11. California Do-Not-Track Disclosure
We are committed to providing you with meaningful choices about the information collected on our Platform for third party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link. However, we do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.
12. Consent to Transfer
Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. If you create an account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in certain other countries, and to the processing of that information as described in this Privacy Policy.
13. Your British Columbia Privacy Rights
British Columbia Law permits British Columbia residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable British Columbia law) to third parties for such third parties’ direct marketing purposes. To make such a request, please send written notice, by certified mail or Federal Express (signature required), noting that you are making a “British Columbia Privacy Request” to the following address:
Eatiz Inc.
528 E57 Avenue,
Vancouver, BC V5X 1S9
Attention: Legal Department
14. Changes to Our Privacy Policy
We may make changes to this Privacy Policy from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Policy. If we make any material changes, we will let you know through the Platform, by email, or other communication. We encourage Users to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Platform, you are agreeing to this Privacy Policy and any updates we make to it.
15. Contact Information
Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your choices regarding your information by contacting us at our Help Center.
We own and operate this website (restaurant.Eatiz.org), the related mobile sites and mobile application(s), and selected other domains (collectively, "Eatiz for Restaurants" or "Eatiz"). These terms of use (the "Agreement") constitute a contract between you and us. What does that mean? It means that by accessing and/or using Eatiz for Restaurants, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use Eatiz for Restaurants. As used in this Agreement, "Eatiz," "we," "us," and "our" will mean Eatiz Inc. and its subsidiaries and affiliates.
You may only use Eatiz for Restaurants if you are a current Eatiz restaurant partner ("Restaurant") operating under an effective restaurant agreement between you and Eatiz ("Restaurant Agreement"). This Agreement incorporates the provisions of your Restaurant Agreement.
Eatiz for Restaurants may be accessed and/or installed on any web or mobile device, which may include a tablet computer provided by Eatiz ("Device"). Any Device provided to you will remain the property of Eatiz, and is provided "as is" without any warranties of any kind either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. Eatiz may require you to return the Device to Eatiz at any time, including, without limitation, in the event your Restaurant Agreement is terminated, or in the event you do not agree to or violate this Agreement, the Eatiz Terms of Use (https://www.eatiz.org/legal/terms-of-use), the Eatiz Privacy Policy (https://www.eatiz.org/legal/privacy-policy), or any other agreement between you and Eatiz. Any Device provided to you may only be used to access Eatiz for Restaurants, and may not be used for any other purpose, or transferred, loaned, sold or otherwise provided in any manner to any third party.
You agree that Eatiz is not responsible for, and is hereby released from any and all liability with respect to: (a) any defect, damage or loss relating to the Device; (b) any obligation to repair or replace the Device; and (c) any claims, actions, losses, judgments, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from or relating to your use of the Device, including in connection with your use of Eatiz for Restaurants on the Device. Eatiz will not be responsible for the Device or any other hardware or software acquired by you through any channel or means. You will be responsible for any and all costs associated with maintaining any Internet connection required to access or use Eatiz for Restaurants (including, without limitation, cost of routers and any monthly connectivity services fees), and for all claims, damages and costs (including replacement) associated with a damaged, lost or defective Device.
Use of Eatiz for Restaurants requires that you be registered for an account ("Account"). In connection with such registration, you agree to (a) provide true, accurate, current and complete information about yourself as necessary to complete your registration, and (b) promptly update the personal information you provide to ensure that it is always true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or Eatiz has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Eatiz has the right to block your current or future use of Eatiz for Restaurants (or any portion of your use).
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities or any other actions that occur under or are taken in connection with your password or Account (including any individual user accounts created under your Account). You agree to: (a) use all reasonable precautions to protect the confidentiality and security of your Account and any information provided through Eatiz for Restaurants, including, without limitation, (i) storing all Devices in a safe location, (i) restricting access to your Account to authorized personnel, and (iii) ensuring that you sign out of your Account at the end of each session; and (b) immediately notify Eatiz of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other information provided through your Account. You further agree not to provide your Account to any third parties without the express written approval of Eatiz. You agree that Eatiz will not be liable for, and is hereby released from any and all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) of any kind arising from or relating to your failure to comply with (a) or (b) of this paragraph or for any acts or omissions by you or someone else using your Account and/or password.
Our Alcoholic Beverages Policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages. If you provide your own delivery services and are fulfilling an order including alcoholic beverages in such a jurisdiction, you acknowledge that you are responsible for ensuring that the recipient is at least 21 years of age by requiring a valid government-issued identification card at the time of delivery. You will ensure that any delivery personnel you use are (a) informed prior to delivery that he or she is delivering an order which contains an alcoholic beverage, and (b) properly trained to request a government-issued identification card. You represent, warrant and covenant that you will comply with all federal, state and local laws regarding the sale and delivery of alcohol, and you agree to indemnify Eatiz and its representatives for any and all costs, expenses and losses (including, without limitation, reasonable attorneys' fees) arising out of any breach or alleged breach of the foregoing representations, warranties and covenants.
Our Materials And License To You
With the exception of information, menus, photographs or logos provided by you, Eatiz for Restaurants and everything on it (collectively, "Materials") are owned by or licensed to Eatiz. Eatiz for Restaurants and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the Canada and other countries. Please be advised that Eatiz actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use Eatiz for Restaurants and/or the Materials, solely as expressly permitted by this Agreement and your Restaurant Agreement and subject to all the terms and conditions of this Agreement, the Restaurant Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on Eatiz for Restaurants or otherwise communicated to you. Any other use of Eatiz for Restaurants and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on Eatiz for Restaurants should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on Eatiz for Restaurants without the express written permission of Eatiz or the appropriate third-party owner, as applicable.
Eatiz reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, Eatiz for Restaurants and/or services offered on or through Eatiz for Restaurants (or any part thereof), including but not limited to Eatiz for Restaurants features, look and feel, and functional elements and related services.
Diner Information
"Diner Information" is any information provided through Eatiz for Restaurants or is otherwise made available to Restaurant by Eatiz about a Eatiz diner ("Diner"), which may include, without limitation, a Diner's first and last name or last initial, address, email address, and telephone number. You acknowledge that you will have access to Diner Information when a Diner places an order with a Restaurant, and that such Diner Information is private and/or sensitive in nature. You agree that: (a) you will be responsible for maintaining, and will use all reasonable precautions to protect the confidentiality and security of, Diner Information; (b) you will comply with the Eatiz Privacy Policy; (c) you will comply with all applicable laws, rules and regulations with respect to the privacy and security of Diner Information; and (d) Eatiz is not responsible for, and is hereby released from any and all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) of any kind arising from or relating to your failure to comply with (a), (b) or (c) of this paragraph or for any acts or omissions by you or someone else with access to Diner Information.
You acknowledge that Diner Information is proprietary to Eatiz, and agree to use Diner Information only for authorized purposes directly related to fulfilling and delivering (if applicable) a Diner's order, and may not use Diner Information to contact Diners directly other than in relation to an order placed on Eatiz. Notwithstanding any provision of this Agreement to the contrary, you are expressly prohibited from distributing, selling, providing access to, or otherwise making available Diner Information to any third party other than authorized Restaurant personnel in order to fulfill orders. The foregoing restrictions apply regardless of whether Diner Information is modified or combined with any other information or any other lists or databases. Nothing in this paragraph will prohibit the Restaurant from disclosing a Diner's order information to the Diner placing such order.
Your Conduct And Content
I. User Conduct
By accessing or using Eatiz for Restaurants, you agree: to comply with all applicable laws regarding online conduct and acceptable material; not to use Eatiz for Restaurants or any related services or submit content to Eatiz for Restaurants if you are under the age of 13; not to access Eatiz for Restaurants or any related services using a third party's account/registration without the express consent of the account holder; not to attempt, through any means, to gain unauthorized access to any part of Eatiz for Restaurants and/or any service, other account, computer system and/or network connected to any Eatiz server; not to deep-link to Eatiz for Restaurants and/or access Eatiz for Restaurants manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, compile, collect and/or monitor any portion of Eatiz for Restaurants and/or any Materials and/or other content on Eatiz for Restaurants, unless Eatiz has given you specific permission to do so in writing; not to conduct any kind of systematic retrieval of data or other content on Eatiz for Restaurants; not to use Eatiz for Restaurants in any manner that could damage, disable, overburden and/or impair any Eatiz server, or the network(s) connected to any Eatiz server, and/or interfere with any other party’s use and enjoyment of Eatiz for Restaurants; not to use Eatiz for Restaurants for illegal purposes, or as prohibited by these Terms; not to use Eatiz for Restaurants to engage in commercial activities apart from sanctioned use of Eatiz services; not to copy any content, including, but not limited to Restaurant menu content and third-party reviews, for republication in print or online; not to license, sell and/or otherwise provide access to and/or use of Eatiz for Restaurants to any third party, including, without limitation, to build a competitive product and/or service; not to create Restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of Eatiz for Restaurants; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to modify Diner charges without Diner’s prior authorization; and/or not to disrupt, interfere with, or otherwise harm or violate the security of Eatiz for Restaurants, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Eatiz for Restaurants or affiliated or linked sites (including those of our Restaurant partners).
You agree that the consequences of any unpermitted commercial use or republication of content or information from Eatiz for Restaurants which is not expressly permitted may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Eatiz will be entitled to temporary and permanent injunctive relief to prohibit such use.
II. Use of Your Content
You grant Eatiz an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use the content which you upload on Eatiz for Restaurants ("User Content") and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. User Content includes, without limitation, any menu information uploaded on Eatiz for Restaurants. You further grant Eatiz a license to use your Restaurant name and/or other account information, including, without limitation, your ratings history and how long you have been a Restaurant on Eatiz, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you.
III. Conduct within Eatiz for Restaurants
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on Eatiz for Restaurants or otherwise agreed to between you and Eatiz. We do our best to encourage civility and discourage disruptive communication on Eatiz for Restaurants. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all User Content. You agree not to provide any User Content that:is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, discriminatory and/or otherwise objectionable; has a purpose not contemplated by this Agreement or the Restaurant Agreement;is false, misleading and/or not written in good faith; infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; is illegal and/or promotes illegal activity; violates any requirement set forth in your Restaurant Agreement or any other agreement between you and Eatiz (including, without limitation, the requirement that item pricing is at least as favorable to Diners as that which is available on the Restaurant’s standard menu or offered to any third party service); contains unauthorized advertising and/or solicits users to a business other than Eatiz; and/or is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on Eatiz for Restaurants or other websites.
Eatiz may monitor any and all use of Eatiz for Restaurants. We reserve the right to change, delete and/or remove, in part or in full, any User Content that we believe, and/or to terminate and/or suspend access to any Materials and/or all or part(s) of Eatiz for Restaurants for conduct that we believe, violates our standards, violates any other terms or conditions of this Agreement or the Restaurant Agreement, interferes with other people's enjoyment of Eatiz for Restaurants or any Materials, is inappropriate, or for any other reason, in each case, in our sole discretion. Eatiz will cooperate with local, state and/or federal authorities to the extent permitted by applicable law in connection with User Content.
Release
Eatiz and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from any and all liability from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of Eatiz for Restaurants or any Materials (including, without limitation, any User Content), or all Uses by Eatiz or any third party authorized by Eatiz.
Disclaimer
EATIZ FOR RESTAURANTS, THE MATERIALS AND ALL OTHER CONTENT ON EATIZ FOR RESTAURANTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM WITH RESPECT TO EATIZ FOR RESTAURANTS, THE MATERIALS AND ALL OTHER CONTENT ON EATIZ FOR RESTAURANTS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EATIZ DOES NOT REPRESENT OR WARRANT THAT EATIZ FOR RESTAURANTS, THE MATERIALS OR THE OTHER CONTENT ON EATIZ FOR RESTAURANTS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EATIZ FOR RESTAURANTS, THE MATERIALS OR OTHER CONTENT ON EATIZ FOR RESTAURANTS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EATIZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF EATIZ FOR RESTAURANTS, THE MATERIALS OR ANY OTHER CONTENT ON EATIZ FOR RESTAURANTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE ANY INFORMATION RELATED TO AN ORDER PLACED ON EATIZ FOR RESTAURANTS. YOU (AND NOT EATIZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF EATIZ FOR RESTAURANTS, THE MATERIALS AND/OR OTHER CONTENT ON EATIZ FOR RESTAURANTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
Limitation Of Liability
IN NO EVENT WILL EATIZ BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF EATIZ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH EATIZ FOR RESTAURANTS. EATIZ ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM EATIZ FOR RESTAURANTS. EATIZ ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH EATIZ FOR RESTAURANTS, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED FROM EATIZ FOR RESTAURANTS, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL EATIZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO EATIZ, OR (B) $100 (WHICHEVER IS LESS).
YOU AND EATIZ AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND EATIZ AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH EATIZ FOR RESTAURANTS OR DO NOT AGREE TO ANY PROVISIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING EATIZ FOR RESTAURANTS, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.
Third-Party Links
Eatiz for Restaurants may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). Eatiz does not review, monitor, operate and/or control the Third Party Websites and Eatiz makes no guarantees, representations and/or warranties as to, and will have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Eatiz is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of Third Party Websites, including providing information, materials and/or other content to such Third Party Websites, is entirely at your own risk. Eatiz reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Privacy Policy
The terms and conditions of the Eatiz Privacy Policy located at https://www.eatiz.org/legal/privacy-policy are incorporated into this Agreement by reference.
Restaurants Only
Restaurants acknowledge and agree that we strive to provide timely communication to Diners regarding the delivery of their orders. All Restaurants have an obligation to confirm the orders that Diners place on the Eatiz platform, and repeated failure to confirm orders will result in penalties, up to and including permanent closure on the Eatiz platform, in our sole discretion.
Eatiz may make available to Restaurants, from time to time, and in its sole discretion, Restaurant-funded advertising, marketing and promotional opportunities (collectively, "Promos"). In the event such Promos include promotional discount(s), Restaurant acknowledges and agrees that the full cost of any such promotional discount(s) provided herein shall be billed to Restaurant as an offset to amounts collected by Eatiz and owed to Restaurant, and that Restaurant remains responsible for the full commissions and fees (which will be charged without regard to any promotional discount(s) applied) owed to Eatiz pursuant to the restaurant agreement between Restaurant and Eatiz.
Eatiz will have the right to market any and all Promos to Diners in Eatiz’s sole discretion, including, without limitation, in relation to the frequency, prominence, location (e.g. brand channels) and duration that Eatiz advertises such Promos. Eatiz may permit Restaurant to select certain Promo terms and conditions (e.g. percentage or dollar amount off, duration of the Promo, etc.). In addition to those Restaurant-selected terms and conditions, Eatiz may set additional terms and conditions in its sole discretion. Once opted into the Promo through Eatiz, Restaurant may not subsequently make changes to the Promo terms and conditions, and Eatiz is authorized to continue offering the Promo in accordance with such terms and conditions.
Restaurant assumes full responsibility for fulfillment of all orders subject to Promos and will indemnify, hold harmless and defend Eatiz from and against any claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from its acts or omissions in connection with any such Promo.
For Charities Only
Donor organization such as Food Banks, Charities etc. acknowledges and agrees that Eatiz will not be involved in the logistics of transporting food from the Donor to Charities, nor in the preparation, packaging or serving of food or any other operations of the Donor or the Charities. Eatiz does not take responsibility for any private arrangements or agreements made between the Donors and the relevant Charities.
The Donor shall enter into a direct agreement with each Charity that it donates Food to (the Donation and Collection Agreement). The Donation and Collection Agreement will set out the terms on which the Donor agrees to donate Food to the Charity and on which the Charity agrees to collect the Food (either by itself of a third party) and use the Food for its charitable objectives. The Donation and Collection Agreement shall be in the standard form as specified by Eatiz on Eatiz online portal (as may be varied from time to time by written notification to the Donor). By donating Food to a charity, the Donor shall be agreeing to be bound by the terms of the Donation and Collection Agreement with that Charity. For the avoidance of doubt, Eatiz shall not be a party to any Donation and Collection Agreements and shall not be liable for any loss or damage that arises in connection with any Donation and Collection Agreements.
The Donor shall indemnify Eatiz against all claims, liabilities, costs, actions, proceedings or expenses incurred by Eatiz arising out of, or in consequence of, any act, neglect or default of the Donor, its agents or employees, which shall include any claims, liabilities, costs, actions, proceedings or expenses arising out of or in connection with the Donor's (or any third party acting on behalf of the Donor) storage or preparation of the Food.
This Agreement constitutes the entire agreement between the Donor and Eatiz and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. The Donor and Eatiz agree that they shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. For charities and community groups, and businesses who wants to use food donation platform, there is no charge for use of Eatiz platform. We might eventually charge for using Eatiz platform subject to change but we try our best to keep this platform free for social enterprises such as Food Banks, Charities etc.
Violations Of The Agreement
Eatiz reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access from a particular Internet or IP address to Eatiz for Restaurants.
Changes To The Agreement
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement it will be effective as soon as we post it, and the most current version of this Agreement will always be posted. If we make a material change to the Agreement, we will notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use Eatiz for Restaurants and/or any Device provided to you after we make changes to this Agreement, you agree to be bound by the revised Agreement. You agree that if you do not agree to the new terms of the Agreement, you will stop accessing and using Eatiz for Restaurants and any Device provided to you.
Governing Law
You acknowledge and agree that your access to and/or use of Eatiz for Restaurants, the Materials and other content on Eatiz for Restaurants is subject to all applicable international, federal, state and local laws and regulations. You further acknowledge and agree that all claims or disputes arising out of this agreement, will be decided by an arbitrator through arbitration and not by a judge or jury ("Arbitration Agreement"). This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), which are available at www.adr.org. The arbitrator's fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys' fees. The arbitration proceeding will take place in the county where the Restaurant is located unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator's decision/award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver may only be determined by a court and not an arbitrator. The following claims are excluded from this Arbitration Agreement: (1) claims in small claims court; (2) claims to enforce or to prevent the actual or threatened violation of a party's intellectual property rights; (3) claims for temporary relief in connection with an arbitrable controversy; and (4) claims that are non-arbitrable per the applicable federal statute.
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The cookie policy of Eatiz outlines the different types of cookies that may be used in relation to the website Eatiz and the Eatiz Mobile Apps, available for iPhone and Android, owned and administered by us, through which you have access to this Cookie Policy (the "Website and Mobile Apps"), as well as information on how you can control them.
What are actually cookies?
Cookies are small files, which are used for access to the Internet, that are stored on the computer, the mobile device, the tablet or other equipment of a given User.
Cookies are installed through a request by the server of a given web page to your web browser (i.e. Internet Explorer, Chrome, Safari, Mozilla) and are completely "passive" (they do not contain any software, viruses or spyware and do not have access to the information of the User hardware).
What are cookies used for?
Cookies are used in a way, allowing the Website and Mobile Apps to function better and more efficiently. Cookies are needed in order for you to browse the Website and Mobile Apps and to use their services and functionalities. Without those essential cookies, our Website and Mobile Apps will not function as fluently as we would like them to and we might not be able to provide you with certain services or features.
Cookies are also used in order to prepare anonymous statistics, which aid us at understanding, how a given user prefers to use our Website, allowing us to improve its structure and contents, without identifying the user. The Top Travel Foods Website may also use certain WordPress features, software such as Google Analytics, Google AdSense or Google AdWords, Facebook, Twitter, Google+ or other social media “like” buttons or plugins, which contain cookies.
What types of cookies do we use?
We use two types of cookies – for the user session and fixed ones. The former ones are temporary files, which remain on the device of the User until the end of his/her user session or until closing the Mobile App (or web browser). The fixed files remain on the device of the User for the period, specified in the cookies themselves or until deleted by the User.
What are the purposes, for which we use cookies?
| Processes | Intended to make the Website and Mobile Apps work in the way you expect. For example, we use a cookie that tells us whether you have already signed up for a User Account. |
|---|---|
| Authentication, Security and Compliance | Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use cookies to determine if you are logged in your User Account. |
| Preferences | Intended to remember information about how you prefer the services to behave and look. For example, we use a cookie that tells us whether you have declined to allow us to use your phone’s geolocation data. |
| Notifications | Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it. |
| Analytics | Intended to help us understand how visitors use the services. For example, we use a Cookie that tells us how our search suggestions correlate with your interactions with the search page. |
Do cookies contain personal data?
On their own, cookies do not require personal information in order to be used and most often, they do not identify internet Users. The personal data, collected during the usage of cookies can only be gathered in order to ease the use of the services by the User. This data is encrypted in such a way that it does not allow unauthorized persons to gain access it.
Deleting the cookies
In general, applications for access to web pages (web- or mobile browsers) allow the storage of cookies by default. These settings may be changed in such a way that the automatic administration of cookies is blocked by the web browser or that the User would be informed each time when cookies are sent to his/her device. Detailed information about the options and management of cookies may be found in the settings of the Mobile Apps (or the Web Browser). Limiting the usage of cookies may affect some of the features of the Website and Mobile Apps.
Security and confidentiality
Cookies are NOT viruses. They take the form of simple text. They are not made out of code and cannot therefore be executed or execute themselves alone. Consequently, they may not be duplicated or copied into other networks in order to get started and copied once more. Since cookies cannot perform those functions, they cannot be regarded as viruses.
Most often, browsers have built-in privacy settings, which provide different levels for the acceptance of cookies, the period of their validity and their automatic deletion after a User has visited a given website.
Security and confidentiality
Cookies are NOT viruses. They take the form of simple text. They are not made out of code and cannot therefore be executed or execute themselves alone. Consequently, they may not be duplicated or copied into other networks in order to get started and copied once more. Since cookies cannot perform those functions, they cannot be regarded as viruses.
Most often, browsers have built-in privacy settings, which provide different levels for the acceptance of cookies, the period of their validity and their automatic deletion after a User has visited a given website.
Advice on secure and responsible surfing, using cookies
Thanks to their flexibility and the fact that many of the most visited and biggest websites use cookies, their use is almost inevitable. Deactivating cookies will not allow the access of a given user to many of the most commonly used websites, including YouTube, Yahoo, Gmail and others.
Here is some advice, which can ensure safe surfing, but with the help of cookies:
It is possible that you set your browser in a way that does not allow for cookies to be accepted anymore or you can set your browser to accept cookies only from certain websites. All modern browsers offer the option to change cookie settings. This includes computer browsers, as well as mobile device browsers. These settings can be found in the "options" menu or the "preferences" menu of your browser. In order to find those settings, you can also use the links below or use the "help" menu of your browser for more information.
Cookie settings in Internet Explorer
https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookiesCookie settings in Firefox
https://support.mozilla.org/en-US/kb/exp/enable-and-disable-cookies-website-preferencesCookie settings in Chrome
https://support.google.com/chrome/answer/95647?hl=enCookie settings in Safari
http://www.allaboutcookies.org/manage-cookies/safari.htmlFor setting third party cookies, you may use the following website:
http://www.eatiz.org/Useful links
If you want to find more about cookies and what are they used for, we recommend you the following links:
Microsoft Cookies guide
https://support.microsoft.com/en-ca/help/260971/description-of-cookies)All About Cookies
http://www.allaboutcookies.org/Eatiz is more than an app, it’s a platform for Food Sustainability
We built a community around transforming commerce at the local level, we remain committed to building an online marketplace our customers can trust to be as reliable as gravity.
We prioritize the wellbeing of our entire community, and from day one, Eatiz has built safety and security into our product design and network operations. While our specific policies evolve alongside the amazing services we make possible, we’re always listening to and learning from you, the Eatiz community. For this reason, we believe transparency is essential to our continued growth, and so we publish these standards to guide our safety mission and clearly identify conduct that has no place on our platform.
For this reason, these guidelines are designed to safeguard everybody who uses Eatiz.
Safety
No one should feel unsafe using Eatiz, and we will take immediate action to prevent and prohibit the following behavior:
Harassment and causing harm to others
No one using Eatiz should be subject to physical or sexual abuse, harassment, domestic violence, robbery, human trafficking, or other acts of violence.
Unwanted contact
No one using Eatiz should engage in unwanted contact with other members of the community during or after a delivery. Unwanted contact includes, but is not limited to, verbal or written communications and actual or threatened physical contact. Remember, Eatiz provides a secure and anonymous method for Customers and Eatiz to communicate through the Eatiz app without exchanging personal numbers.
Discrimination
Everybody using Eatiz should be treated with respect, and no one should use Eatiz to discriminate against others based on their race, ethnicity, national origin, religion, disability, sexual orientation, sex, marital status, gender, gender identity, age or any other category protected under applicable law.
Discrimination
Everybody using Eatiz should be treated with respect, and no one should use Eatiz to discriminate against others based on their race, ethnicity, national origin, religion, disability, sexual orientation, sex, marital status, gender, gender identity, age or any other category protected under applicable law.
Security
Theft and destructive acts
You should not take property that doesn’t belong to you or destroy or vandalize the property of a customer, a merchant, another Eatiz, or any other person.
Extortion or fraud
You should not request tips or make transactions outside of Eatiz systems, commit credit card fraud, abuse our referrals system or make false claims against other members of the Eatiz community. You should not request or share personal information with the intent to blackmail or shame others.
Misrepresentation
You should not provide a false name or date of birth, allow unapproved individuals with access to your account with the intent on engaging in Eatiz services, create duplicate accounts or create an account if you are under the age of 18.
Standards
It’s your responsibility to understand all laws where you live and to make sure it’s legal for you to buy or share your item on Eatiz.
Prohibited conduct:
Prohibited conduct:
We created Eatiz to make your life easier, happier and better. Our goal is that you always feel safe and comfortable when engaging with our product. Nothing is more important to us.
Eatiz built on individual trust
Eatiz aims to be downloaded millions of times with millions of items posted for share. The vast majority of Eatiz’s users are trustworthy and online posts have been used securely in the Canada and around the world. Still, it’s important to always take the proper precautions to avoid scams, as you should anytime you share or get food items.
Secure Platform
All payment transactions, including tipping, are processed automatically on your payment card through the Eatiz app. This means you will never need cash on-hand. The mobile numbers shared between our customers and Eatiz are masked so that real phone numbers are never exposed. We will always work with law enforcement to share information that both protects the privacy of our community but also helps local authorities investigate any incident.
Choose who you share with:
Most listings on Eatiz receive multiple requests! However it’s up to you to decide who you want to share with – we recommend checking out another user’s profile (by tapping on their photo), as well as taking into consideration how they messaged you, and the pickup times they can make. Anyone you don’t want to, or aren’t able to share with, please make sure to let them know politely that you’re giving the item(s) to someone else, so you don’t leave them waiting.
Check out their ratings and reviews
On a user’s profile you can see their user rating – this is displayed once three or more other users. Check out their user profile to understand more about them. We make every attempt to improve the Eatiz app so that users can avoid contacting suspicious posters and building confidence among people and its communities. If you have any doubts about a user’s authenticity or suspect they may be scammers or spammers, find another seller/buyer. There are millions of them on Eatiz!
Assess the communication
Were they friendly and polite in their messaging? In the event if you feel suspicious about the Eatiz poster, avoid contacting them and report to us. If you’re unsure about someone’s identity and want to verify that they are who they say they are and are really located in your area, it may be helpful to give them a short phone call before arranging to meet or to look them up online. Never give out your personal financial information to make or accept a purchase. We recommend communicating with other users only via Eatiz’s in-app chat feature.
Meet in a safe place
Most of our exchanges happen on the doorstep of the person listing the item(s). However you can always set the pickup location as a public place if you prefer! If you’re picking up from another eatizer, you might want to check out the address and ensure that you’re comfortable with the area and time of day/night.
We’re here to help!
Eatiz uses a combination of human and artificial intelligence to help keep our platform safe and fun to use, but we also ask our community of users to help by flagging inappropriate content or users. If you believe another Eatiz buyer/seller is offensive, spammy, a scammer or attempting to deceive users on our app, please report this user immediately so we can investigate further and take appropriate action, which may include blocking that user. Our goal is to keep Eatiz 100% free of scams and spam, and we appreciate your cooperation with this! If you are defrauded by a user or feel your personal safety is threatened, contact your local police department immediately. If you have any questions whatsoever, we’re here to help. Drop us a line on contact@eatiz.org.
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