RAPIDOO.CA PLATFORM TERMS OF SERVICE

Last Updated: June 10, 2024

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.

1. GENERAL TERMS
   1. RAPIDOO.CA Parties
      1. 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.

      2. 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.

   2. Users and Applicable Legal Terms

1. 2. 1. 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.

      2. 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").

      3. 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.

      4. 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.

      5. Additional Terms for All Users. Voucher Terms and Contest Rules are addressed in Part III of this Terms of Service.

      6. 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.

      7. 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.