RAPIDOO.CA PLATFORM
TERMS OF SERVICE
Last Updated: June 10, 2019
PLEASE READ THIS TERMS OF
SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT
BETWEEN YOU AND THE APPLICABLE RAPIDOO.CA ENTITY (AS FURTHER DEFINED IN SECTION
1 OF PART I) IN RESPECT OF ACCESS AND USE OF RAPIDOO.CA WEBSITE LOCATED
AT WWW.RAPIDOO.CA, AND ANY SUBDOMAINS USED IN CONNECTION WITH
OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS
WELL AS RAPIDOO MOBILE APPLICATIONS (THE “RAPIDOO.CA PLATFORM APP”)(TOGETHER
THE RAPIDOO.CA PLATFORM APP AND THE WEBSITE CONSTITUTE THE “RAPIDOO.CA
PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE RAPIDOO.CA
PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS OR PROVIDERS OF COURIER
SERVICES TO OTHER USERS OF THE RAPIDOO.CA PLATFORM, USERS WHO PURCHASE GOODS OR
SERVICES THROUGH THE RAPIDOO.CA PLATFORM, USERS WHO DOWNLOAD THE RAPIDOO.CA
PLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE
WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN
ORDER TO PLACE ORDERS THROUGH THE RAPIDOO.CA PLATFORM AS A CUSTOMER OR TO
OPERATE AS A VENDOR OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART
I). IF YOU ARE USING THE RAPIDOO.CA PLATFORM ON BEHALF OF ANOTHER PERSON OR A
CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND
SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS
TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING RAPIDOO.CA
PLATFORM OR THE RAPIDOO.CA SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE RAPIDOO.CA
PLATFORM AND THE RAPIDOO.CA SERVICES ARE MADE AVAILABLE TO FACILITATE THE
ORDERING OF FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY VENDORS THAT MAY BE
DELIVERED BY COURIERS. YOU UNDERSTAND THAT RAPIDOO.CA TECHNOLOGY AND SERVICES
FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT RAPIDOO.CA
IS NOT A VENDOR OR COURIER NOR IS RAPIDOO.CA RESPONSIBLE FOR FULFILLING ORDERS
PLACED BY CUSTOMERS WITH VENDORS OR COURIERS.
BY ACCESSING, BROWSING AND
USING THE RAPIDOO.CA PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE
TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT
ACCESS OR USE THE RAPIDOO.CA PLATFORM OR RAPIDOO.CA SERVICES OR ANY OF THEIR
CONTENT OR SERVICES.
IMPORTANT NOTICE: PLEASE BE AWARE THAT
SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF
LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW
CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT
LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE
OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION
PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST
US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK
RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
THESE TERMS OF SERVICE ARE
SUBJECT TO CHANGE BY RAPIDOO.CA IN ITS SOLE DISCRETION AT ANY TIME TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, RAPIDOO.CA will
make a new copy of the Terms of Service available on the RAPIDOO.CA Platform.
We will also update the "Last Updated" date at the top of the Terms
of Service. If we make any material changes, and you have registered with us to
create an account we may also send an e- mail to you at the last e-mail address
you provided to us pursuant to the Terms of Service. Any changes to the Terms
of Service will be effective immediately after posting notice of such changes
on the RAPIDOO.CA Platform. RAPIDOO.CA may require you to provide consent to
the updated Terms of Service in a specified manner before further use of the RAPIDOO.CA
Platform and/or the RAPIDOO.CA Services is permitted. If you do not agree to
any change(s) after receiving a notice of such change(s), you shall stop using
the RAPIDOO.CA Platform and/or the RAPIDOO.CA Services. Otherwise, your
continued use of the RAPIDOO.CA Platform and/or RAPIDOO.CA Services constitutes
your acceptance of such change(s). PLEASE REGULARLY CHECK THE RAPIDOO.CA
PLATFORM TO VIEW THE MOST CURRENT TERMS.
- GENERAL TERMS
- RAPIDOO.CA Parties
- These Terms of Service form an
agreement between you and Rapidoo Services
Inc, a company incorporated under the laws of Canada. Use of the terms “Rapidoo”, “us”, “we” or “our” means Rapidoo Services Inc.
- Rapidoo Services Inc, and their affiliates, officers, directors and
employees, are referred to in these Terms of Service as the “Rapidoo.ca”.
For the avoidance of doubt, the Rapidoo.ca does not include any third
parties such as Vendors and Couriers (as such terms are defined in
Section 2 of Part I offering goods or services through the Rapidoo.ca Platform.
- Users and Applicable Legal Terms
- Definition of Users. The Rapidoo.ca Platform facilitates the ordering by consumers/end
users of the Rapidoo.ca Platform ("Customers")
of food, drinks and other products (collectively "Goods")
offered by restaurants and store owners through the platform ("Vendors")
and the delivery of such Goods through independently contracted couriers
who are users of the Rapidoo.ca Platform (the "Couriers").
Collectively, Customers, Vendors and Couriers constitute "Users" of
the Rapidoo.ca Platform and these Terms of
Service apply to all Users.
- Rapidoo.ca Privacy Policy. Please note that important
information about Rapidoo.ca practices on the collection, use
and disclosure of Users’ personal information submitted via the Website
or the Rapidoo.ca Platform App is governed by our
Privacy Policy, the terms of which are incorporated into this Terms of
Service. Please see further: https://www.rapidoo.ca/page-privacy-policy ("Privacy
Policy").
- Additional Terms for Vendors and
Couriers. In
addition to these Terms of Service and the Privacy Policy, Vendors and
Couriers are subject to additional terms agreed in separate agreements
with Rapidoo.ca in respect of the goods/services
offered by such Users. In the event of any conflict between these Terms
of Services and the separate agreement you have with Rapidoo.ca, the terms of the separate Rapidoo.ca agreement will govern.
- Additional Terms for Customers. Specific terms on ordering are
set out in Part II of these Terms of Service. Vendors may have
additional privacy policies or statements which govern their practices
in collecting, storing, using and disclosing your Personal Information
when you order from them. Please read those additional privacy policies
or statements carefully. You hereby represent and warrant to Rapidoo.ca that you have familiarized yourself and agree with
those privacy policies or statements imposed by any Vendor with whom you
elect to deal through the Rapidoo.ca Platform.
- Additional Terms for All Users. Voucher Terms and Contest Rules
are addressed in Part III of this Terms of Service.
- Rapidoo.ca Platform User Code. Rapidoo.ca may from time to time implement additional guidelines and codes
of conduct for use of the Rapidoo.ca Platform and Customer Services. Any such terms will be notified
to Users and will be incorporated by reference into the next version of
these Terms of Service.
- Additional Terms and Conditions for Rapidoo.ca Platform
App Users. To the extent the other
terms and conditions of these Terms of Service are less restrictive
than, or otherwise conflict with, the terms and conditions of this
Section, the more restrictive or conflicting terms and conditions in
this Section apply, but solely with respect to the use of Google Maps
services and Mapbox InC
and content, or to the Rapidoo.ca Platform App if downloaded from the
Apple App Store or the Google Play Store.
The Rapidoo.ca Platform
may use services and content from Google Maps or Google Earth. You acknowledge
and agree that you are bound by the Google Maps/Google Earth Additional Terms of
Service (including
the Google Privacy Policy).
The Rapidoo.ca
Platform may use services and content from Mapbox Inc.
You acknowledge and agree that you are bound by Mapbox Terms of Services (including the Mapbox Privacy
Policy).
The following additional terms and
conditions apply to you if you are using a Rapidoo.ca Platform
App. You acknowledge and agree that:
These Terms of Service are entered into
between you and Rapidoo.ca. Neither Apple, Inc. ("Apple")
nor Google, Inc. ("Google") (collectively, the "download
service providers") are parties to this Terms of Service agreement nor
will they have obligations with respect to the Rapidoo.ca Platform
App. The applicable Rapidoo.ca party not Apple or
Google, is solely responsible for the Rapidoo.ca Platform
App, including any maintenance and support, and the content thereof as set
forth hereunder. However, the download service providers, along with their
respective subsidiaries, are third-party beneficiaries of these Terms of
Service. Upon your acceptance of these Terms of Service, the download service
provider used to obtain the Rapidoo.ca Platform App will have
the right (and will be deemed to have accepted the right) to enforce these
Terms of Service against you as a third-party beneficiary. If Rapidoo.ca fails to conform to any applicable
warranty, you may notify the download service provider used to obtain the Rapidoo.ca Platform App and they will refund the
purchase price (if any) of the Rapidoo.ca Platform App in
accordance with their policies, and, to the maximum extent permitted by
applicable law, the download service provider used to obtain the Rapidoo.ca Platform App will have no other warranty
obligation whatsoever with respect to the application and, as between the
download service provider used to obtain the Rapidoo.ca Platform
App and Rapidoo.ca, any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
confirm to any warranty is Rapidoo.ca responsibility. You and
us both acknowledge that Rapidoo.ca, not the download service
provider used to obtain the Rapidoo.ca Platform App, is
responsible for addressing any end-user or third-party claims related to the Rapidoo.ca Platform App, including, but not limited
to: (a) product liability claims, (b) any claim that the Rapidoo.ca Platform App fails to conform to any
applicable legal or regulatory requirement, and (c) claims arising under
consumer protection or similar law. Further, you and us both acknowledge that,
in the event of any third-party claim that the Rapidoo.ca Platform
App or your possession or use of the Rapidoo.ca Platform
App infringes on that third party’s intellectual property rights, as between Rapidoo.ca and the download service provider used to
obtain the Rapidoo.ca Platform App, the Rapidoo.ca Platform App will be solely responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim. You represent and warrant that you are not located
in a country that is subject to the Canadian Government embargo, or that has
been designated by the Canadian Government as a "terrorist
supporting" country, and you are not listed on any Canada Government list
of prohibited or restricted parties.
- Rapidoo.ca Accounts
- Accurate Information. You represent and warrant that
all information supplied by you on the Rapidoo.ca Platform (including information provided by you to create an
account for use of the Rapidoo.ca Platform (a " Rapidoo.ca Account")) or in connection with your use
of the Rapidoo.ca Services is true, accurate,
current and complete.
- Security of Rapidoo.ca Accounts. Any Rapidoo.ca Account must be kept secure and you agree that you
will not share or disclose your Rapidoo.ca Account credentials with anyone. No members of Rapidoo.ca will be liable for any loss or damage arising from
your failure to safeguarding your Rapidoo.ca Account, use a strong password or limit its use to your Rapidoo.ca Account. You may browse some of the Rapidoo.ca Platform without creating a Rapidoo.ca Account.
- Discretionary Access to Rapidoo.ca
Accounts. Rapidoo.ca reserves the right to deny your request for a Rapidoo.ca Account (including usernames) and to disable or
terminate access to any Rapidoo.ca Account (including usernames)
issued to you at any time in Rapidoo.ca sole discretion. If Rapidoo.ca disables access to a Rapidoo.ca Account issued to you, you will be prevented from accessing the Rapidoo.ca Platform or the Rapidoo.ca Services, your Rapidoo.ca Account details, Orders or other
information that is associated with your Rapidoo.ca Account.
- Suspension, Term, Termination and
Deletion of Rapidoo.ca Accounts. We may suspend or terminate your ability to
access the Rapidoo.ca Platform, or cease providing you
with all or part of the Rapidoo.ca Services at any time for any or
no reason, including, if we believe: (i) you
may have violated these Terms of Service, (ii) you may create risk or
possible legal exposure for us; (iii) prolonged inactivity; or (iv) our
provision of the Rapidoo.ca Services to you is no longer commercially
viable. Suspension or termination may also include removal of some or
all of the materials uploaded by you. We may make reasonable efforts to
notify you by the email address associated with your account, through the
Rapidoo.ca Platform or the next time you attempt to access your account,
depending on the circumstances. You acknowledge and agree that all
suspensions or terminations may be made by Rapidoo.ca in its sole
discretion and that no members of the Rapidoo.ca Group will be liable to
you or any third-party for any suspension or termination of your access
or for the removal of any of the materials uploaded by you to the Rapidoo.ca
Platform. Any suspension or termination of this Agreement by Rapidoo.ca
will be in addition to any and all other rights and remedies that Rapidoo.ca
may have.
- Account Deletion and Termination. You may request the deletion of your account by
requesting (by email or through any then-available interfaces) that your
Rapidoo.ca Account be deleted, ceasing use of the Rapidoo.ca Platform,
the Rapidoo.ca Services and uninstalling and removing all local software
components thereof, if any. If you request deletion of your Rapidoo.ca
Customer Account, we may disable your Rapidoo.ca Customer Account but
keep the disabled Rapidoo.ca Customer Account for fraud prevention or
other lawful purposes. If we have received all outstanding payment from
you, you may request termination these Terms of Service at any time by
requesting by email (or any then-available interface on the Rapidoo.ca
Platform) that your Rapidoo.ca Account be deleted. We may terminate
these Terms of Service at any time by giving notice to you, at our
discretion, by email at your current email address on file with us or
through the Rapidoo.ca Platform.
- Licensed Access to The Rapidoo.ca Platform
and Permitted Use
- Subject to your compliance with
these Terms of Service, Rapidoo.ca hereby grants you a personal,
revocable, non-exclusive and non-transferable license to use the Rapidoo.ca
Platform in accordance with these Terms of Service in the following
manner depending on the type of User that you are:
- for Customers, you may use the Rapidoo.ca
Platform to view menus provided by Vendors, create an account, place
orders and pay for Goods (including the delivery of Goods) (each
an "Order"). You may also use feedback features
of the Rapidoo.ca Platform to rate, post comments, rating and reviews
on Goods, Vendors and Couriers (as applicable);
- for Vendors, you may create an
account and use the Rapidoo.ca Platform to manage the offer and
fulfilment of Orders; and
- for Couriers, you may create an account and use the Rapidoo.ca
Platform to manage and fulfill requests for deliveries of Orders,
(i)-(iii)
constitute the "Permitted Use" as applicable for a
specific type of User.
- Reservation of Rights. Rapidoo.ca retains the right,
at its sole discretion, to deny access to anyone to the Rapidoo.ca
Platform or the Rapidoo.ca Services, at any time and for any reason (or
no reason at all), including, but not limited to, for violation of these
Terms of Service or use other than the Permitted Use. You will cease and
desist from any such access or use of the Rapidoo.ca Platform or Rapidoo.ca
Services immediately upon request by Rapidoo.ca.
- Geographic Application of the Rapidoo.ca
Platform. The Rapidoo.ca
Platform and/or specific services may not be available at all or any
times and in all or any jurisdictions. Furthermore, nothing on the Rapidoo.ca
Platform constitutes an offer or solicitation to buy or sell any product
or service to anyone in any jurisdiction in which such an offer or
solicitation may be prohibited by law.
- Changes to the Rapidoo.ca Platform. Rapidoo.ca reserves the right to change or allow a
third party to change any information, material or content (including,
but not limited to, price, features, availability of Goods, menus,
Vendors, posting and rating/reviews of Vendors) contained on or provided
through the Rapidoo.ca Platform (the "Content") at any time,
and from time to time, without notice. For greater certainty, the
Content include the User Content (as defined below).
- No Unlawful or Prohibited Use
You may not, without Rapidoo.ca's
prior written permission, use the Rapidoo.ca Platform, the Rapidoo.ca Services
or any Content (including other User’s User Content) for purposes other than
the applicable Permitted Use. Without limiting the generality of the foregoing,
you will not, and will not permit anyone else to, or attempt to use the Rapidoo.ca
Platform and/or the Content to:
- "frame",
"mirror" or otherwise incorporate the Rapidoo.ca Platform, the
Rapidoo.ca Services or the Content or any part thereof on any commercial
or non-commercial website;
- access, monitor or copy any part
of the Rapidoo.ca Platform, the Rapidoo.ca Services or the Content using
any robot, spider, scraper or other automated means or any manual
process for any purpose without Rapidoo.ca’s
express written permission;
- violate any laws;
- violate the restrictions in any
robot exclusion headers on the Content or the Rapidoo.ca Platform or
bypass or circumvent other measures employed to prevent or limit access
to the Rapidoo.ca Services or the Rapidoo.ca Platform;
- remove (or permit anyone else to
remove) any watermarks, labels or other legal or proprietary notices included
in the Rapidoo.ca Platform or the Content;
- modify or attempt to modify (or
permit anyone else to modify or attempt to modify) the Rapidoo.ca
Platform, or any Vendor menu, including any modification for the purpose
of disguising or changing any indications of the ownership or source of
the Rapidoo.ca Platform;
- forge headers or otherwise
manipulate identifiers in order to disguise the origin of any material
transmitted to or through the Rapidoo.ca Platform or impersonate another
person or organization or misrepresent their affiliation with a person
or entity;
- attempt to, assist, authorise or
encourage others to circumvent, disable or defeat any of the security
features or components, such as digital rights management software or
encryption, that protect the Rapidoo.ca Platform or the Rapidoo.ca
Services;
- copy, reproduce, modify,
translate, distribute, transfer, sell, publish, broadcast, perform,
transmit, license or circulate in any form any part of the Rapidoo.ca
Platform or the Content;
- license, sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit
the Rapidoo.ca Platform;
- create derivative works based on
the Rapidoo.ca Platform, the Rapidoo.ca Services or the Content, in
whole or in part, or decompile, disassemble, reverse engineer or other
exploit any part of the Rapidoo.ca Platform, the Rapidoo.ca Services or
the Content;
- use of access the Rapidoo.ca
Platform in a manner that violates the rights (including, but not
limited to contractual, intellectual property or proprietary rights) of
any third party; or
- upload to or transmit through the Rapidoo.ca Platform
any information, images, text, data, media or other content that is
offensive, harmful, tortuous, hateful, obscene, defamatory or violates
any laws or is otherwise objectionable, in each case as determined by Rapidoo.ca
in its sole discretion.
- Intellectual Property Terms
- Content and Intellectual Property
- Rapidoo.ca Content and
Intellectual Property Rights. The Rapidoo.ca Platform and all content
contained therein (excluding User Content as defined in Section 6(b)
below), is owned or licensed by Rapidoo.ca and protected by copyright,
trade-mark and other intellectual property laws ("Rapidoo.ca
Content"). Rapidoo.ca expressly reserves all rights in the Rapidoo.ca
Platform and all materials provided by Rapidoo.ca in connection with
these Terms of Service that are not specifically granted to you. You
acknowledge that all right, title and interest in the Rapidoo.ca
Platform, all materials provided by Rapidoo.ca in connection with these
Terms of Service (including the Rapidoo.ca Content), and any update,
adaptation, translation, customization or derivative work thereof, and
all intellectual property rights therein will remain with Rapidoo.ca
(or third party suppliers or licensors, if applicable), and that the Rapidoo.ca
Platform and all materials provided by Rapidoo.ca hereunder are
licensed and not "sold" to you.
- User Content. All information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials, whether publicly posted or privately transmitted to the Rapidoo.ca
Platform by Users ("User Content"), is the sole
responsibility of such Users. This means that the User, and not members
of the Rapidoo.ca Group, are entirely responsible for all such material
uploaded, posted, emailed, transmitted or otherwise made available on
the Rapidoo.ca Platform. Rapidoo.ca may monitor User Content from time
to time but Rapidoo.ca does not guarantee the accuracy, integrity or
quality of such content. Under no circumstances will any members of the
Rapidoo.ca Group be liable in any way for any User Content including
for any loss or damage of any kind incurred as a result of the viewing
or use of any materials posted, emailed, transmitted or otherwise made
available via the Rapidoo.ca Platform. To the extent your User Content
contains any personally identifiable information, that data is handled
in accordance with the Rapidoo.ca Privacy Policy and all other User Content
will be considered non-confidential.
- User-Related Content. Rapidoo.ca may collect data, information, records,
files, material or other content from your local computer (including
mobile) system or from third-parties with your permission, and (in each
case) including all results from processing such data, including
compilations, and derivative works thereof ("User-Related
Content"). You grant to Rapidoo.ca Group a perpetual,
transferrable, irrevocable, royalty-free, worldwide and sublicensable
license to access, collect, store and use any such User-Related
Content. To the extent your User-Related Content contains any
personally identifiable information, that data is handled in accordance
with the Rapidoo.ca Privacy Policy. User-Related Content is not
considered confidential or proprietary.
- User Content License to Rapidoo.ca. By submitting, posting or
displaying User Content on or through the Rapidoo.ca Platform or
otherwise to Rapidoo.ca, you grant Rapidoo.ca Group, a worldwide, non-
exclusive, royalty-free, perpetual, transferable, and fully
sublicensable right to use, refrain from using, remove, reproduce,
modify, edit, copy, adapt, publish, translate, create derivative works
from, distribute, transmit, perform display and otherwise use User
Content, in whole or in part. You further grant Rapidoo.ca the right
(although Rapidoo.ca does not have the obligation) to pursue at law any
person or entity that violates your or Rapidoo.ca’s
rights in the User Content by a breach of these Terms of Service. You
represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any User Content that
you submit. For the avoidance of doubt, Rapidoo.ca has no obligation to
post or display any User Content on the Rapidoo.ca Platform.
- Use of Rapidoo.ca Content and
User Content by other Users. You may only use Rapidoo.ca Content and other Users Content (eg.
menus provided by Vendors) for the applicable Permitted Use. If you
print extracts from the Rapidoo.ca Platform for your own personal, non-
commercial use, you must not modify the digital or papers of such
materials or use any graphics, pictures, photographs or videos
separately from any accompanying text.
- Terms on Submissions/Feedback and
Other User Content
- Creating Submissions and Other User Content. Through the capabilities of the Rapidoo.ca
Platform you may be able to provide ratings/reviews, suggestions or
other feedback ("Submissions"). Submissions are a
subset of User Content. In creating and posting any Submissions (or
other User Content) you represent and warrant that you will not post or
transmit to or from the Rapidoo.ca Platform any material or content
which does or may:
- Breach any applicable local,
national or international law;
- Be unlawful or fraudulent;
- Amount to unauthorised
advertising;
- Contain any defamatory, obscene
or offensive material;
- Promote violence or
discrimination;
- Infringe the intellectual
property rights of another person;
- Breach any legal duty owed to a
third party (such as a duty of confidence);
- Promote illegal activity or
invade another’s privacy;
- Give the impression that they
originate from us; or
- Be used to impersonate another person or to
misrepresent your affiliation with another person.
You will be solely liable for any damages
resulting from any violation of the foregoing restrictions, or any other harm
resulting from your posting of Submissions or other User Content to the Rapidoo.ca
Platform.
- Status of Submissions on the Rapidoo.ca
Platform. We
reserve the right to remove or edit at any time any Submissions or
other User Content posted, uploaded or transmitted to the Rapidoo.ca
Platform that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may
expose us or any third parties to any harm or liability of any type, or
for any reason. Any Submissions on the Rapidoo.ca Platform is for
information purposes only and does not constitute advice from us or the
opinions of anyone within the Rapidoo.ca Group. User Content may
reflect the opinions of Customers who have ordered through the Rapidoo.ca
Platform and any statements, advice or opinions provided by such
persons are theirs only. Accordingly, to the fullest extent permitted
by law, no members of the Rapidoo.ca Group assume any responsibility or
liability to any person for any User Content, including without
limitation any mistakes, defamation, obscenity, omissions or falsehoods
that you may encounter in any such materials.
- Public Display of Submissions. You acknowledge that Rapidoo.ca may choose to
provide attribution of your Submissions (for example, listing a date,
User’s name and city on a User’s rating/review that you submit) at Rapidoo.ca’s discretion, and that such User Content
may be visible to other Users and visitors to the Rapidoo.ca Platform.
By providing a rating/review you acknowledge and consent to us using
your given name in association with the rating/review. All
ratings/reviews that we receive may be moderated before we publish
them. We may do this to make sure that ratings/reviews fit our content
guidelines.
- Note on Privacy.
If you access any Person Information through or in connection with the Rapidoo.ca
Platform you agree that you will treat such Personal Information in
accordance with Rapidoo.ca's current Privacy
Policy and you will not collect or harvest any Personal Information,
including Personal Information of other users, except as permitted by
these Terms of Service.
- Advertising and Third
Party Websites
- If you elect to have any business
dealings with anyone whose products or services may be advertised on the
Rapidoo.ca Platform, you acknowledge and agree that such dealings are
solely between you and such advertiser and you further acknowledge and
agree that no member of the Rapidoo.ca Group will have any
responsibility or liability for any losses or damages that you may incur
as a result of any such dealings.
- The Rapidoo.ca Platform may
provide links to third party websites and such links are provided solely
for your convenience. Third party websites: Links to third party
websites on the Rapidoo.ca Platform are provided solely for your
convenience. If you use these links, you leave the Rapidoo.ca Platform.
We have not reviewed and do not control any of these third-party
websites (and are not responsible for these websites or their content or
availability). We do not endorse or make any representation about these
websites, their content, or the results from using such websites or
content. If you decide to access any of the third-party websites linked
to the Rapidoo.ca Platform, you do so entirely at your own risk.
- Rapidoo.ca reserves the right to prohibit or remove
(or require you to remove) any link to the Rapidoo.ca Platform,
including, without limitation, any link which contains or makes
available any content or information of the foregoing nature, at any
time.
- Availability and Updates
- Rapidoo.ca may alter, suspend, or
discontinue the Rapidoo.ca Platform or Service at any time and for any
reason or no reason, without notice. The Rapidoo.ca Platform or Service
may be unavailable from time to time due to maintenance or malfunction
of computer or network equipment or other reasons. Rapidoo.ca may periodically
add or update the information and materials on this the Rapidoo.ca
Platform without notice.
- While we try to ensure the Rapidoo.ca
Platform is normally available twenty four (24)
hours a day, we do not undertake any obligation to do so, and no members
of the Rapidoo.ca Group will be liable to you if the Rapidoo.ca Platform
is unavailable at any time or for any period.
- Rapidoo.ca may upgrade or alter the Rapidoo.ca
Platform at any time. Rapidoo.ca may remotely access the Rapidoo.ca
Platform (including for greater certainty any Rapidoo.ca Platform App)
at any time for any lawful reason, in particular to update the software
or to perform software maintenance.
- DISCLAIMERS
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING
QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES,
CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING
DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE
ADDITIONAL RIGHTS.
- Content: While we try to ensure that
information on the Rapidoo.ca Platform is correct, we do not promise it
is accurate or complete. We may make changes to the material on the Rapidoo.ca
Platform including to Goods and prices described on it, at any time
without notice. The material on the Rapidoo.ca Platform may be out of
date, and we make no commitment to update that material.
- Allergy, dietary and other menu
information: We try
to accurately copy the item names, descriptions, prices, special offer
information, heat and allergenic warnings and other information
("Menu Information") from the menus that are provided to us by
Vendors. However, it is the Vendors that are responsible for providing
this Menu Information and ensuring that it is factually accurate and
up-to-date, and we do not undertake any such responsibility. If you are
in doubt about allergy warnings, contents of a dish or any other Menu
Information, you should confirm with the Vendor directly before
ordering.
- Vendor actions and omissions: The legal contract for the
supply and purchase of Goods is between the Customer and the Vendor that
you place your Order with. We have no control over the actions or
omissions of any Vendor or Courier. Without limiting the generality of
the foregoing, you acknowledge and accept the following by using the Rapidoo.ca
Platform:
- We do not give any undertaking
that the Goods ordered from any Vendor through the Rapidoo.ca Platform
will be of satisfactory quality or suitable for your purpose and we
disclaim any such warranties.
- Estimated times for deliveries
and pick-ups are provided by the Vendors and are only estimates.
Neither we nor the Vendors or Couriers guarantee that Orders will be
delivered or will be available for pick-up within the estimated times.
- We encourage all Vendors accept all Orders and to
communicate any rejection promptly, and we will notify you (generally
by email) as soon as reasonably practicable if a Vendor rejects your
Order. However, we do not guarantee that Vendors will accept all
Orders, and Vendors have the discretion to reject Orders at any time
because they are too busy, due to weather conditions or for any other
reason.
The foregoing disclaimers do not affect
Customer’s statutory rights against any Vendor or Courier.
- Service Disclaimers
- Viruses. The downloading and viewing of
the Rapidoo.ca Platform or the Content is done at your own risk. Rapidoo.ca
cannot and does not guarantee or warrant that the Rapidoo.ca Platform
or the Content are compatible with your computer system or that the Rapidoo.ca
Platform or the Content, or any links from the Rapidoo.ca Platform or
the Content, will be free of viruses, worms, malware, trojan horses or
disabling devices or other code that manifests contaminating or
destructive properties. You are responsible for implementing safeguards
to protect the security and integrity of your computer system, and you
are responsible for the entire cost of any service, repairs or
connections of and to your computer system that may be necessary as a
result of your use of the Rapidoo.ca Platform.
- Communications Not Confidential. Rapidoo.ca does not guarantee the confidentiality
of any communications made by you through the Rapidoo.ca Platform.
Although Rapidoo.ca generally adheres to the accepted industry
practices in securing the transmission of data to, from and through the
Rapidoo.ca Platform, you understand, agree and acknowledge that Rapidoo.ca
cannot and does not guarantee the security of data transmitted over the
Internet or public networks in connection with your use of the Rapidoo.ca
Platform.
- NO IMPLIED WARRANTIES; LIMITATIONS
OF LIABILITY.
- NO IMPLIED WARRANTIES. THE RAPIDOO.CA SERVICES, THE RAPIDOO.CA
PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RAPIDOO.CA
DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND
WITH RESPECT TO THE RAPIDOO.CA SERVICES, RAPIDOO.CA PLATFORM AND THE
CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OR THAT THE RAPIDOO.CA SERVICES, THE RAPIDOO.CA PLATFORM OR THE CONTENT
ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
- EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL RAPIDOO.CA OR
ANY MEMBER OF THE RAPIDOO.CA GROUP BE LIABLE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY,
FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST
PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY,
FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT RAPIDOO.CA
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED
TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE RAPIDOO.CA SERVICES,
THE RAPIDOO.CA PLATFORM OR THE CONTENT.
- NO RESPONSIBILITY FOR VENDORS AND
COURIERS. VENDORS
AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE RAPIDOO.CA PLATFORM
ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS
OR EMPLOYEES OF RAPIDOO.CA. RAPIDOO.CA IS THEREFORE NOT LIABLE FOR THE
ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL
BREACHES OR NEGLIGENCE OF ANY VENDORS OR COURIERS OR FOR ANY PERSONAL
INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR
SERVICES OFFERED BY VENDORS OR COURIERS.
- LIMITATION OF LIABILITY. TO THE EXTENT THAT THE
FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE
LIABILITY OF THE RAPIDOO.CA GROUP IN CONNECTION WITH OR UNDER THESE
TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY
TO MAKE USE OF, THE RAPIDOO.CA SERVICES, THE RAPIDOO.CA PLATFORM OR THE
CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR
(II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR
GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS
OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
- Additional costs: You assume full
and sole responsibility for any additional or associated costs that you
may incur in connection with or as a result of your use of the Rapidoo.ca
Platform, including without limitation costs relating to the servicing,
repair or adaptation of any equipment, software or data that you may
own, lease, license or otherwise use.
THE LIMITATIONS ABOVE REFLECTS A FAIR
ALLOCATION OF RISK BUT FOR WHICH RAPIDOO.CA WOULD NOT MAKE THE RAPIDOO.CA
PLATFORM AND/OR RAPIDOO.CA SERVICES AVAILABLE TO USERS. THE LIMITATIONS
SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Indemnification
You agree to defend, indemnify and hold
harmless Rapidoo.ca Group, its licensors and their directors, officers, agents,
contractors, partners, representatives and employees from and against any
threated or actual claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any kind or nature
including but not limited to reasonable legal fees, incurred in connection with
or as a result of:
- your breach of these Terms of
Service or any documents referenced herein;
- your violation of any law or the
rights of a third party (including, without limitation, intellectual
property rights);
- your breach of or failure to
perform in respect of any Orders made by you or by any third party
acting on your behalf or with your permission; or
Rapidoo.ca reserves the right, at its own
expense, to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you hereunder, and you shall cooperate as fully
as reasonably required by Rapidoo.ca.
- Governing Law and Dispute Resolution
- Governing Law. These Terms of Service will be
governed by the laws of the Province of Alberta, the Rapidoo.ca
Platform, the Rapidoo.ca Services or the Content, notwithstanding your
domicile, residency or physical location. The Rapidoo.ca Platform, the Rapidoo.ca
Services and the Content are intended for use only in jurisdictions
where they may lawfully be offered for use.
- Dispute Resolution Process.
- Except to the extent restricted
by applicable law, if there is any dispute or controversy between (1) you
and (2) Rapidoo.ca or any members of the Rapidoo.ca Group, including
any dispute or controversy arising out of or relating to these Terms of
Service, the Rapidoo.ca Platform or Rapidoo.ca Services, any
interactions or transactions between (1) you and (2) Rapidoo.ca or any
members of the Rapidoo.ca Group, or in respect of any legal
relationship associated with or derived from these Terms of Service,
including the validity, existence, breach, termination, construction or
application, or the rights, duties or obligations of you or us, (each,
a "Dispute"), the disputing person will serve
notice on the other person and each you and us must use good faith
efforts to resolve the Dispute informally.
- Except to the extent restricted
by applicable law, if the Dispute is not resolved after twenty (20)
business days of a person serving notice on the other party that there
is a Dispute, you and us agree that the Dispute will be finally
resolved by confidential arbitration before a single arbitrator in
accordance with the Arbitration Rules of the ADR Institute of Canada,
Inc. The seat of the arbitration will be Ontario or wherever convenient
or necessary acting reasonably. There will be no appeals of any kind.
The language of the arbitration will be English unless otherwise
required by applicable law or agreed to by you and us. Rapidoo.ca will
pay the reasonable arbitration costs.
- Except to the extent restricted
by applicable law, you and us agree that you and us will resolve any
Dispute on an individual basis. Any claim you may have must be brought
individually, in your individual capacity and not as a representative
plaintiff or class member, and you will not join such claim with claims
of any other person or entity, or bring, join or participate in a class
action lawsuit, collective or representative proceeding of any kind
(existing or future) against any members of the Rapidoo.ca Group.
- Nothing in this Section will prohibit us from
seeking interim measures from a court, including preliminary or
injunctive relief of breach of you of any intellectual property rights.
- Miscellaneous
- Interpretation. Unless the context clearly
requires otherwise, (a) references to the plural include the singular,
the singular the plural, the part the whole, (b) references to any
gender include all genders, (c) “including” has the inclusive meaning
frequently identified with the phrase “but not limited to” and (d)
references to “hereunder” or “herein” relate to this Agreement. The
section headings in this Agreement are for reference and convenience
only and shall not be considered in the interpretation of these Terms of
Service.
- Entire Agreement. If you are a Customer, these
Terms of Service, the Privacy Policy and any documents incorporated by
reference herein constitute the entire agreement between Rapidoo.ca and
you pertaining to the subject matter hereof and supersede all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between you and Rapidoo.ca with respect to the Rapidoo.ca
Platform. A printed version of these Terms of Service and of any notice
given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to these Terms of
Service to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
- Notices. Rapidoo.ca may, in its sole
discretion, provide any notices to you in connection with these Terms of
Service through the Rapidoo.ca Platform or by email at the then-current
email address for you on file with Rapidoo.ca. Rapidoo.ca may be
contacted by email at:
support@rapidoo.ca
Rapidoo.ca may change its
notice contact information from time to time by posting updated contact details
on the Rapidoo.ca Platform.
- No Waiver. Rapidoo.ca's
failure to insist upon or enforce strict performance of any provision of
these Terms of Service will not be construed as a waiver of any
provisions or right.
- Force Majeure. Rapidoo.ca will not be liable
to you for any failure of or delay in the performance of its obligations
under these Terms of Service for the period that such failure or delay
is due to causes beyond Rapidoo.ca's
reasonable control, including but not limited to acts of God, power
outages, internet disconnectivity, war,
strikes or labor disputes, embargoes, government orders or any other
force majeure event.
- Severability. If any of the provisions
contained in these Terms of Service are determined to be void, invalid
or otherwise unenforceable by a court of competent jurisdiction, the
provision shall be modified by the court and interpreted so as best to
accomplish the objectives of the original provision to the fullest
extent permitted by law, and the remaining provisions of this Agreement
shall remain in effect.
- Order of Precedence. If any of the provisions
contained in these Terms of Service conflict with the terms of another
agreement between you and us, then these Terms of Service will prevail;
provided that, if you are also a Vendor registered on the Rapidoo.ca
Platform, the terms applicable to the Vendor agreement will govern your
relationship with Rapidoo.ca in connection with your use of the Rapidoo.ca
Platform as a Vendor offering its services.
- Language. These Terms of Services are
made available in English.
- Assignment.
You may not transfer any of your rights or obligations under these Terms
of Service without our prior written consent. We may transfer any of our
rights or obligations under these Terms of Service without your prior
written consent to any of our affiliates or any business that we enter
into a joint venture with, purchase or are sold to.
- ORDERING TERMS
- Access, Rapidoo.ca Services and
Products
Through the Rapidoo.ca Platform you may
place orders for Goods from Vendors, you may receive delivery of the Goods and Rapidoo.ca
may provide customer care support between you, Couriers and Vendors (these
services and associated services such as order management, payment processing
for Orders and provision of access to the Rapidoo.ca Platform provided by Rapidoo.ca
from time to time are the "Rapidoo.ca Services"). For
avoidance of doubt, Rapidoo.ca does not prepare or fulfil any orders for Goods
or provide delivery services directly and no members of the Rapidoo.ca Group
will be liable for any transactions between Customers, Couriers or Vendors. Rapidoo.ca
may provide products or services to Couriers or Vendors through a separate
agreement executed with such parties. Menus and other Vendor-related
information on the Rapidoo.ca Platform is content provided by the Vendor and
not Rapidoo.ca.
- Rapidoo.ca Customer Account
To use the Rapidoo.ca Platform and most
features of the Rapidoo.ca Services, you are required to successfully create a
user account (the "Rapidoo.ca Customer Account") using
the available interfaces at the Rapidoo.ca Platform.
- Placing Orders
- Once you have created your Rapidoo.ca
Customer Account you may select Goods from a Vendor’s menu, choose your
desired quantities, and then add them to your cart. Your cart may be
edited at any time prior to placing an Order. Once you have made your
selection, you may proceed to place your Order. At this time you will have the opportunity to review your
cart items. After you review and confirm that the items in your cart are
correct, you may proceed to place your Order, provide your payment card
information or select the cash payment option, if available, and an
Order will be created and sent to the Vendor. You are responsible to
ensure that all of your Order details, including billing, delivery
address and other information is current, complete and accurate. Your
payment card will be charged when you place your Order if the Order is a
Card Order (as defined in section 6(b)). Once you have placed your
Order, you will not be entitled to change or cancel your Order and you
will not be entitled to a refund (except where required by law).
Notwithstanding that you are not entitled as of right to change or
cancel your Order or be entitled to a refund (except where prohibited by
law), if you wish to amend or cancel your Order for a total or partial
refund of your Order’s price, you must get in touch with Rapidoo.ca via
chat, email or the Rapidoo.ca support phone line at the contact
information provided on the Rapidoo.ca Platform.
- We encourage Vendors to confirm
all Orders and to communicate any inability or unwillingness to confirm
promptly, and we will notify you as soon as reasonably practicable if
the Vendor does not confirm your Order. Vendor's may have the discretion
to not confirm Orders. For Card Orders (as defined in section 6(b)
below), Rapidoo.ca will provide you with a refund of the price of your
Order after communicating to you the non- confirmation or cancellation
of your Order by the Vendor.
- Because of standard banking
procedures, once you have placed a Card Order and your payment has been
authorised, your bank or card issuer will "ring-fence" the
full amount of your Order. If your Order is not confirmed by the Vendor
or cancelled for any other reason, your bank or card issuer will not
transfer the funds for the Order to us, and will instead release the
relevant amount back into your available balance. However, this may take
a period of typically up to 5 working days (and in some cases up to 30
days, depending on your bank or card issuer). You acknowledge and agree
that no members of the Rapidoo.ca Group nor the relevant Vendor will be
responsible or liable to you in relation to this delay by your bank or
card issuer in the release of funds back into your account.
- You agree that Rapidoo.ca or the Vendor will have no
liability to you for Orders that are not confirmed, are cancelled or
that the Vendor has been unable or unwilling to fulfill.
- Customer Care, Goods Contract,
Third Party Couriers and Refunds
- Rapidoo.ca may offer customer
care in respect of issues relating to the Vendors and the Couriers. If
you have any problems, questions or suggestions with respect to the Rapidoo.ca
Platform or your Order, please contact Rapidoo.ca’s
customer care team (and not the Vendor or Courier) via chat
(preferable), email or phone at the contact information provided on the Rapidoo.ca
Platform.
- The legal contract for the
purchase of Goods will in all cases be between the Customer and the
Vendor. You irrevocably appoint and authorize us to act as your sole and
exclusive agent for the purpose of concluding contracts for the sale of
Goods between you and the Vendor by means of you placing Orders via the Rapidoo.ca
Platform. We may act as agent for the Customer and the Vendor for the legal
contract for the purchase and sale of the Goods. YOU ACKNOWLEDGE AND
AGREE THAT NO MEMBER OF THE RAPIDOO.CA GROUP HAS ANY CONTROL OVER THE
QUALITY OF THE GOODS OR SERVICES OFFERED BY VENDORS AND COURIERS AND
THAT NO MEMBERS OF THE RAPIDOO.CA GROUP WILL HAVE LIABILITY TO YOU FOR
ANY PROBLEMS CAUSED BY THE VENDOR CONCERNING YOUR ORDERS, INCLUDING,
WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED GOODS ITEMS, AND
ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE GOODS DELIVERED
INCLUDING IF GOODS CAUSE ILLNESS, ALLERGIC REACTIONS OR HAVE INCORRECT
NUTRITIONAL VALUES.
- For Delivery Orders that the
Vendor arranges or for which third party couriers provide delivery
services, we are not liable for any service or product provided by such
couriers.
- Rapidoo.ca may provide, in its discretion, the refund
or compensation by payment to your payment credit or debit card or
providing the Customer with Rapidoo.ca Credits (as defined below).
- Payment Processing Services
Payment processing services for the Rapidoo.ca
Platform are provided by payment services providers as Rapidoo.ca may choose
from time to time (collectively referred to as the "Payment
Processing Services Provider"). You hereby authorize Rapidoo.ca to
share with the Payment Processing Services Provider that financial information,
banking details and transaction information related to your use of the payment
processing services and the Rapidoo.ca Platform. You also agree that the Rapidoo.ca
Group is not responsible for the use or misuse of such financial information,
banking details and transaction information by the Payment Processing Services
Provider or any third party.
- Price and Payment
- Goods prices listed on the Rapidoo.ca
Platform from Vendor in Canada are in Canadian dollars, Good prices listed
on the Rapidoo.ca Platform from a Vendor in the United States are in
United States dollars. Good prices may not include applicable tax and
delivery charges. Taxes and delivery charges may be added at checkout
and will be payable by you along with the Order price.
- Payment for Orders must be made
with an accepted credit or debit card through the Rapidoo.ca Platform ("Card
Orders") or in certain circumstances may be made by cash
directly to the Vendor or courier ("Cash Orders"). If
you choose a Cash Order, you must pay the Vendor or courier, as
applicable and are liable for failure to do so.
- For Card Orders, you will be
charged at the time of placing your Order. The Rapidoo.ca Platform uses
the third party payment processors to effect
charges onto your debit or credit card. You consent to the collection
and use of your information (including, if applicable, personal
information) by such payment processing service as necessary to process
your payments. We reserve the right to change, or to stop accepting, any
permitted payment method at any time in our sole discretion. You agree
we may charge your payment card for any order placed and for any
additional amounts (including any taxes) as may be applicable in
connection with your purchase. You are responsible to ensure that all of
your billing information is current, complete, and accurate. We will
provide you with an online or emailed billing summary statement which
you may review, save, or print at your discretion. This is the only
billing statement that will be provided by us.
- Rapidoo.ca or the Vendor is under
no obligation to fulfill your Order at the incorrect price. Prices at
the Vendor’s Goods in the Vendor’s physical location and at the Rapidoo.ca
Platform may be different. Any such differences will not entitle you to
a refund or a reduction in price of your Order.
- Goods’ prices, delivery charges and any other fees
are subject to change at any time at Rapidoo.ca’s
or the Vendor’s discretion.
- Pickup or Delivery
You may have the ability to choose if you would
like your Order to be picked up by you at the premise of the Vendor ("Pickup
Order") or delivered to you by a third party
courier or courier of the Vendor ("Delivery Order"). You may
be provided a time for when the Pickup Order will be ready for pickup or when
the Delivery Order will be delivered. These times are only an estimate and Rapidoo.ca
and the Vendor offer no guarantee that these times will be achieved. Rapidoo.ca
is not responsible for any delays in receiving or having your Order ready for any
reason. For a Pickup Order, you will arrive at the time provided and Rapidoo.ca
and the Vendor are under no obligation to remake or refund the Goods if you do
not arrive when indicated.
- Alcohol
If you order alcohol, you warrant that you
are of legal age to purchase and consume alcohol in the area in which the
alcohol is delivered and are not ordering alcohol for any person below the
legal age in the applicable jurisdiction. You acknowledge and agree that
Vendors or Couriers may require valid government-issued photo identification(s)
matching the name on the order and proving your age to the Vendor or Courier,
and that the recipient is not intoxicated when receiving delivery. If you are
unable to meet these conditions to the satisfaction of the Vendor or the
courier then alcohol products may be withheld, and any refund for such
withholding is at the discretion of the Vendor, Rapidoo.ca or Courier. If the
you order alcohol and the alcohol is to be delivered, the delivery address must
be a residential or private addresses. For greater
certainty, alcohol orders may be subject to time and location restrictions.
- PROMOTIONAL VOUCHERS,
REFER-A-FRIEND PROGRAM, GIFT CARDS AND RAPIDOO.CA CREDITS AND CONTESTS
- Promotional Vouchers
The following terms and conditions will
apply to all vouchers issued for free from time to time for promotional,
advertising, or marketing purposes for use on Orders on the Rapidoo.ca Platform
("Promotional Vouchers"):
- Promotional Vouchers may only be
redeemed towards Orders on the Rapidoo.ca Platform and cannot be used
for Goods that include alcohol and may not applied to taxes or other
items/fees/charges as determined from time to time by us. Promotional
Vouchers may have a specific dollar amount, may provide a
percentage-based discount, or may have other effects (such as making a
charitable donation). The particular terms of a Promotional Voucher (for
example, the amount of any dollar or percentage discount, number of
times the Promotional Voucher can be used, expiry date, area Promotional
Voucher can be use, whether applicable for Pickup Orders or Delivery
Orders) any other rules that may apply are described in the information
accompanying or in conjunction with the Promotional Voucher (for
example, the social media post or advertisement where the Promotional
Voucher was posted).
- Promotional Vouchers must be used
in conjunction with a Rapidoo.ca Customer Account. Promotional Vouchers
must be applied to an online Order by no later than the deadline
specified on the Promotional Voucher and will expire if not applied by
this time. If the Promotional Voucher provides for a discount on an
Order, an amount determined by the rules of the Promotional Voucher will
be credited to the Order to which the Promotional Voucher is applied.
- The right to use a Promotional
Voucher is personal to the original recipient and may not be
transferred. No Promotional Voucher may be copied, reproduced,
distributed, or published directly or indirectly in any form or by any
means for use by an entity other than the original recipient, or stored
in a data retrieval system, without our prior written permission. For
greater certainty, Promotional Vouchers distributed or circulated
without our written approval, for example on an Internet message board
or on a "bargains" website, are not valid for use and may be
refused or canceled.
- Promotional Vouchers may not be
used in conjunction with other vouchers or any other discounts or
promotions provided or advertised from time to time unless otherwise
stated.
- Promotional Vouchers may not be
exchanged, redeemed, or refunded for cash, and may not be transferred or
assigned.
- No members of the Rapidoo.ca
Group will not be liable to you, any customer or household for any loss
or claim arising out of the refusal, rejection, cancellation or
withdrawal of any Promotional Voucher or any failure or inability of a
customer or household to use a Promotional Voucher for any reason.
- For greater certainty, we reserve the right, at any
time and in our sole discretion, to add to or amend terms and conditions
(including these Terms of Service) in relation to the use of Promotional
Vouchers or to vary or terminate the operation of a Promotional Voucher
at any time without notice.
- Refer-A-Friend Program
- If you are a Rapidoo.ca Customer
Account holder, you may be entitled to voluntarily participate in the Rapidoo.ca
refer a friend program (the "Referral Program"). A
unique alphanumeric code is assigned to your Rapidoo.ca Customer
Account, referred to as your personalized referral code ("Referral
Code"). To participate in the Referral Program, you will need
to refer friends who have never placed an order with us ("Friends")
and invite your Friends to use the Rapidoo.ca Platform with your
Referral Code.
- You will earn Rapidoo.ca credit ("Referral
Rapidoo.ca Credit") in the amount we determined from time to
time once your Friend ("Referred User") has completed
an eligible order on the Rapidoo.ca Platform ("Eligible
Order"). Criteria for Eligible Orders is determined in our sole
discretion from time to time. Referral Credit will be applied
automatically against your item subtotal on your next Card Order, up to
and including the item subtotal before taxes, tip, and delivery fee. If
any credit happens to remain after being applied to the order, that
credit will remain on your account. Referral Credits are subject to
expiration and must be used within the timeframe, if stated or otherwise
determined by us from time to time. The amount of Referral Credits
earned and redeemed are subject to change at any time at Rapidoo.ca’s sole discretion.
- The Referral Code may only be
used for personal and non-commercial purposes. You may share your code
with your personal connections via social media, email, or word of
mouth, where you are the primary content owner. In cases where you are
not the primary owner of the content or website (e.g., Wikipedia, coupon
websites, affiliate websites, discussion forums, etc.), public
distribution is not allowed. Promoting or advertising your Referral Code
via search engine marketing or any other paid advertising media (e.g.,
Bing/Yahoo/Adwords) is not allowed. You are
not allowed to misrepresent your relationship with any members of the Rapidoo.ca
Group or with the Rapidoo.ca Services to any third parties, and you will
not make any warranty or representation on behalf of any members of the Rapidoo.ca
Group. You are not allowed to refer yourself or members of your
household for the purposes of earning Referral Credit.
- Rapidoo.ca reserves the right, at
its sole discretion, to deactivate your account(s) and revoke the
Referral Credits of any account holder who it finds or believes to be
earning or using Referral Credits against these Terms of Service, or who
is manipulating or abusing the Rapidoo.ca Services or the Rapidoo.ca
Platform.
- For greater certainty, we reserve the right, at any
time and in our sole discretion, to add to or amend these Terms of
Service in relation to the use of Referral Program or to vary or
terminate the operation of a Referral Rapidoo.ca Credit issued pursuant
to the Referral Program at any time without notice.
- Gift Card Terms and Rapidoo.ca
Credits
- Rapidoo.ca may grant you credit
toward eligible purchases as set out in these terms ("Eligible
Purchases") in the form of Rapidoo.ca gift cards ("Gift
Cards") or Rapidoo.ca credit ("Rapidoo.ca Credit").
When you purchase a Gift Card, you are purchasing credit toward Eligible
Purchases in a particular dollar amount and currency that is stored in
an electronic form and linked to a unique gift card claim code ("Claim
Code"). To use a Gift Card, you must have a Rapidoo.ca Customer
Account, log in to your Rapidoo.ca Customer Account, and apply the Gift
Card to your Rapidoo.ca Customer Account by entering the Claim Code on
the Rapidoo.ca Platform. Rapidoo.ca Credit is credit toward Eligible
Purchases in a particular dollar amount that is associated with a unique
Rapidoo.ca Customer Account. The value of Rapidoo.ca Credit including
credit from Gift Cards applied to your Rapidoo.ca Customer Account is
referred to as your "Rapidoo.ca Credit Balance".
When you apply a Gift Card to your Rapidoo.ca Customer Account, your Rapidoo.ca
Credit Balance will be credited by the dollar value of the Gift Card,
and the value associated with the Claim Code will be reduced to zero.
From time to time, Rapidoo.ca may also issue Rapidoo.ca Credit to you
for other purposes (for example, to refund a purchase that you have
made). Your Rapidoo.ca Credit Balance includes the total remaining
balance of all Rapidoo.ca Credit that has been applied to your Rapidoo.ca
Customer Account by way of Gift Card or otherwise, but not yet applied
to a purchase. To check your Rapidoo.ca Credit Balance, log in to your Rapidoo.ca
Customer Account. To check the balance of a Gift Card before it has been
applied to a Rapidoo.ca Customer Account, simply review the email or
other document in which you received the Gift Card, where the face value
will be printed.
- The Eligible Purchases that you
may purchase using Gift Cards and Rapidoo.ca Credit consist of Goods,
including all fees and costs on the Order for those Goods which you are
permitted to purchase in accordance with these Terms of Service. Rapidoo.ca
reserves the right to restrict the use of Gift Cards and Rapidoo.ca
Credit to comply with applicable law. Gift Cards and Rapidoo.ca Credit
cannot be used to purchase anything other than Eligible Purchases and
must be used in the currency in which they were paid or credited for.
- When you make a purchase from
your Rapidoo.ca Customer Account using Rapidoo.ca Credit (including Rapidoo.ca
Credit from a Gift Card), the value of the Rapidoo.ca Credit that you
use for that purchase will be deducted from your Rapidoo.ca Credit
Balance. As long as you are only purchasing Eligible Purchases, you may
use Rapidoo.ca Credit to pay for all fees and costs on your Order,
including but not limited to the cost of Goods, delivery charges, tips,
and taxes. Any unused Rapidoo.ca Credit Balance will remain associated
with your Rapidoo.ca Customer Account. If the cost of an Order exceeds
your Rapidoo.ca Credit Balance, the remaining amount must be paid with
another payment method.
- Gift Cards and Rapidoo.ca Credit
do not expire. There are no fees associated with purchasing, using, or
redeeming Gift Cards or Rapidoo.ca Credit.
- Gift Cards and Rapidoo.ca Credit
cannot be resold (except with the express written permission of Rapidoo.ca),
used for payment outside the Eligible Purchases, transferred for value,
returned for a cash refund, or redeemed for cash, except to the extent
required by applicable law. Gift Cards cannot be reloaded. No portion of
your Rapidoo.ca Credit Balance may be transferred to another Rapidoo.ca
Customer Account or otherwise assigned or transferred to another person.
Rapidoo.ca Credit cannot be used in conjunction with Cash Orders.
- The risk of loss and title for
Gift Cards pass to the purchaser upon our electronic transmission of the
Gift Card to the purchaser or designated recipient. Rapidoo.ca is not
responsible if any Gift Card is lost, stolen or destroyed, if your Rapidoo.ca
Credit Balance or any Gift Card is used without your permission, or if
you lose access to your Rapidoo.ca Customer Account or any Rapidoo.ca
Credits.
- Gift Cards and Rapidoo.ca Credit
may be subject to any additional terms and conditions that will be
specified in connection with the specific Gift Card and Rapidoo.ca
Credit grant.
- Rapidoo.ca has the right to void
Gift Cards or Rapidoo.ca Credit, close Rapidoo.ca Customer Accounts and
bill alternative forms of payment if it suspects that a Gift Card is
obtained, used or applied to a Rapidoo.ca Customer Account (or Rapidoo.ca
Credit is applied to a purchase) fraudulently, unlawfully or otherwise
in violation of these Terms of Service, or in a manner that abuses the Rapidoo.ca
Platform.
- For greater certainty, to the extent permitted by
law, we reserve the right, at any time and in our sole discretion, to
add to or amend terms and conditions (including these Terms of Service)
in relation to the use of Gift Cards or Rapidoo.ca Credit
- Contests/Competitions
- From time to time, Rapidoo.ca may
run contests or competitions ("Contests"). Those
Contests will be subject to these Terms of Service, as well as rules
specific to each Contest ("Contest Rules").
- In general, Contests for Canadian
users will be open to individual residents of Canada over the age of
majority in the province or territory in which they reside, with the
exception of:
- employees, representatives and
agents (and persons with whom they are domiciled, whether related or
not) of Rapidoo.ca Group, its advertising and promotion agencies; and
- residents of Quebec, unless specified in the Contest
Rules.
The Contest Rules may specify other
eligibility rules.
- For greater certainty, subject to applicable law, we
reserve the right, at any time and in our sole discretion, to withdraw
any Contest, to add to or amend terms and conditions (including these
Terms of Service) in relation to any Contest or to vary or terminate the
operation of a Contest at any time without notice.