PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP OR OTHER PARTS OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SERVICE.
Feast Inc. is a company registered in Ontario, Canada with offices located at 302B-260 King Street East, Toronto, ON M5A 4L5. You may contact us by sending correspondence to the foregoing address or by emailing us at hello@eatFeast.com.
The Service provides users of the App the ability to order freshly prepared food for delivery to users’ homes and businesses.
Our meals are prepared in a kitchen environment that contains nuts, gluten, shellfish, and dairy. We use best practices when preparing our meals, however, inadvertent cross-contamination may occur. We cannot guarantee the complete absence of allergens.
Your Use of the Application or the Service
You warrant that the information you provide to Feast is accurate and complete. Feast is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
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. Feast is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Feast reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and the Application.
By using the Application or the Service, you further agree that:
- You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Service or Application in any way whatsoever;
- You will not copy, or distribute the Application or other Feast Content without written permission from Feast;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use an access point or 3G data account (AP) which you are authorized to use;
- your access and use of the Service may be subject to separate third party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”) and the terms of Apple, Inc. (“Apple”), all of which are your sole responsibility;
- You will not use the Service or Application with an incompatible or unauthorized device;
- You will comply with all applicable laws including, federal, provincial and/or municipal of the area in which you are present while using the Application or Service.
- if you are using the App on an iOS-based device, you agree to and acknowledge the “Special Terms Regarding Apple” set forth below.
Feast reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, email address or other contact information, as well as your credit card number, phone number and delivery address). We do not store your credit card information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at hello@eatFeast.com.
By creating an Account, you agree that the Services may send you informational text (SMS) messages and email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages will impact your use of the Services. You can opt-out of recieving email messages at any time by sending an email to email@example.com indicating that you no longer wish to receive such messages, along with the email address that you no longer wish to recieve such messages.
Third Party Accounts
In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. and Google Inc. (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Feast is not responsible for any act or omission of any Service Provider.
Due to the nature of the Service, orders are considered final as soon as they are placed. That said, we do make exceptions on a case-by-case basis. If you would like to cancel an order, please e-mail us at hello@eatFeast.com.
Fees for Use
The use of the Application and the Service is free of charge. Feast reserves the right to introduce a fee for the use of the Application and/or the Service. If Feast decides to introduce such a fee, Feast shall inform you accordingly and allow you to either continue or terminate the Contract.
By accepting these Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Feast, its affiliates, its licensors, and each of their officers, directors, other 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: your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party, including Restaurants arranged via the Application, or your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. YOUR USE OF THE SERVICE AND/OR APPLICATION ARE AT YOUR SOLE RISK. Feast's APPLICATION AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Feast will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate. Feast shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Content or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Feast. Feast shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under law, Feast's aggregate liability shall in no event exceed CAD $100. By using our Services, you agree that if there is a dispute between you and any Site, Service or Restaurant, regarding the accuracy or information provided on or through our Site and Services, you may contact us directly (hello@eatFeast.com) so we may assist you in resolving your issue directly with the Restaurant.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. FEAST AND ITS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. Feast AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE APPLICATION OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE APPLICATION OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION OR SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Feast AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Feast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE OR APPLICATION; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE OR APPLICATION.
License Grant, Restrictions and Copyright Policy
For the purpose of these Terms, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials. "Feast Content" means Content owned or used by Feast, its affiliates or licensors and made available through the Website, 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 on the Website or through the Service or Application.
"Collective Content" means, collectively, Feast Content and User Content. Subject to your compliance with these Terms, Feast grants you a limited, non-exclusive, non-transferable license:
- to view, download and print any Feast Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
Unless otherwise stated, the copyright and other intellectual property rights in the Website and/or Application and in material published on it (including without limitation photographs and graphical images) are owned by us, the Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with these Terms is prohibited. You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of Feast. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Feast or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.
Licence Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Feast shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
You acknowledge that Feast only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Feast shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Feast be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Feast.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Feast, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Feast or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
Feast reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Feast believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Feast.
You agree to promptly notify Feast in writing of any User Content which breaches these Terms. You agree to provide to Feast sufficient information to enable Feast to investigate whether such User Content breaches these Terms. Feast agrees to make good faith efforts to investigate such complaint and shall take such action as Feast in its sole discretion decides. However, Feast does not warrant or represent that it will block or remove (in whole or in part) such User Content.
Subject to your compliance with these Terms, Feast grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use. You Shall Not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
- modify or make derivative works based upon the Service or Application;
- create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
- reverse engineer or access the Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
- copy any ideas, features, functions or graphics of the Service or Application, or
- 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. misuse the Website and/or the Application (including by hacking or "scraping").
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
- attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
Feast will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Feast may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Feast has no obligation to monitor your access to or use of the Website, 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 Website, the Application and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Feast reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Feast, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website, the Service or Application.
Intellectual Property Ownership
Feast alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, 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 Website, Application or the Service.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Feast. Feast's name, logo, and the product names associated with the Application and Service are trademarks of Feast, its affiliated companies or third parties, and no right or license is granted to use them.
Third Party Interactions
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond Feast's control.
You are entitled to terminate the Contract at any time by permanent deletion of the Application installed on your smartphone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on Feast's website.
Feast is entitled to terminate the Contract at any time without notice and with immediate effect (by disabling your use of the Application and the Service) if you: violate or breach any term of these Terms, or in the opinion of Feast, misuse the Application or the Service.
The Terms constitutes the entire agreement between you and Feast and governs your use of the Website, Application and Service, superseding any prior version of these Terms between you and Feast.
Waiver and Severability of Terms
The failure of Feast to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Modification of the Service and Terms
Feast reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Feast may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Feast may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Feast's account information, or by written communication sent by regular mail to your address on record in Feast's account information.
You may not assign your rights under these Terms without prior written approval of Feast.
If you provide feedback to Feast regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Feast to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Feast a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, worldwide, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Privacy and Cookie Notice
Feast collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice www.eatFeast.com/privacy.
Applicable Law and Dispute Resolution
These Terms are subject to the laws of the province of Ontario. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, "Disputes") will be settled exclusively by the competent court in Toronto, Ontario, Canada and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Special Terms Regarding Apple
If you are downloaded the App from the Apple App Store or if you are using the App on an iOS-based device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. Your use of the software must at all times be in accordance with the Usage Rules set forth in the Apple App Store. These Terms are between you and Feast only, not with Apple, and Apple is not responsible for the Service and the content thereof. These Terms are not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the Apple App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
Feast may, in Feast's sole discretion, run promotions that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Feast establishes on a per promotion basis ("Promo"). You agree that Promos:
- Must be used for the intended audience and purpose, and in a lawful manner;
- May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Feast;
- May be disabled by Feast at any time for any reason without liability to Feast;
- May only be used pursuant to the specific terms that Feast establishes for such Promos;
- Are not valid for cash;
- May expire prior to your use
- Promo credits may take from 24 - 48 hours to appear on your account
All new user Promos are for the use of new users only unless otherwise stated.
Feast credits earned have no cash value, will only apply in the local currency and are not transferable.
You can only use one Promo per purchase on Feast. Any attempt to use multiple Promos voids the application of all Promos to your account.
If any purchase you make on Feast exceeds the credit value in your account, the remaining balance will be charged to the registered credit card associated with your account.
Feast reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promos by you or any other user in the event that Feast determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms. Further, if Feast determines at any time, acting reasonably, that your use of any Promo violated any of these Terms, Feast may charge the registered credit card on your file for the full face value of the discount you received, or attempted to receive, through your improper, illegal, fraudulent or errant use of the Promo.
Refer a Friend Refer a Friend is subject to the terms listed above in “Promotions”.
How it works:
- All Feast account holders are provide a unique referral code they can share with others (listed in the "account" section of the Feast app).
- The account holder shares the referral code with friends & family.
- Your referrals set up an account, enter your referral code in the appropriate section, and complete a first purchase.
- Feast provides an account credit for each new account that is registered using the referral code and completes an initial purchase.
- Referrers can refer multiple friends. Referred accounts must be completely new to Feast.
- Referrers can only have one Feast account (which must have a problem-free history) and cannot refer themselves.
- Referrers can promote their referral code, including: post the unique referral code on personal social media accounts, excluding any site that is contributed to or is owned by someone else (e.g. Wikipedia and coupon websites). Note: Search Engine Marketing (e.g. Adwords, Yahoo, or Bing) or the words ‘coupon’, ‘code’, ‘promo code’, ‘discount code’, ‘voucher code’ or ‘voucher’ must not be used to promote posts.
- Feast assumes no responsibility for lost, delayed, damaged or misdirected referrals or communications or for any failure of the website, for any problems or technical malfunction of any computer online systems, servers, access providers, computer equipment, software, failure of any e-mail or referral to be received by Feast on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to a your (or any other person's) computer related to or resulting from this program. Feast reserves the right, at its sole discretion, to change, cancel or suspend this program should a virus, bug or other cause beyond the reasonable control of Feast, corrupt the security or proper administration of the program or for any other reason. Referrals are subject to verification and will be declared invalid if they are illegible, unintelligible, falsified, altered or tampered with or unlawful in any way. Referrals submitted by unauthorised means will be disqualified. In the event that it has been determined that a referral has been made in a manner not sanctioned by these terms, you and all of you referrals will be disqualified from this program and any referral credits that have been awarded will be deducted. You agree to abide by the terms of this program and the decisions of the Feast team, which are final. This program is subject to all applicable laws and regulations.