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Terms of Use

2113890 Alberta Ltd. (“DISPATCHNINJA”/“WE”/”US”/“OUR”) owns and operates the website located at www.dispatchninja.com (“Website”), the sofware known as Dispatchninja Platorm and the Dispatchninja mobile applicaton (the “App”). DISPATCHNINJA is a registered trademark owned by the Alberta company,2113890 Alberta Ltd. THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. BY USING THIS WEBSITE AND/OR THE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY DISPATCHNINJA FROM TIME TO TIME. A NOTICE OF SUCH AMENDMENT WILL BE POSTED ON OR WEBSITE FOR AT LEAST SEVEN (7) DAYS BEFORE, AND SEVEN (7) DAYS AFTER THE AMENDMENT. IF YOU ARE A REGISTERED USER OF OUR SERVICES, WE WILL PROVIDE TO YOU NOTICE OF SUCH AMENDMENT BY EMAILING YOU AT THE EMAIL ADDRESS YOU PROVIDED TO US. IT IS THEN YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE WEBSITE AND OUR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE HAVE BEEN POSTED ON OUR WEBSITE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.

  1. The ServiceThe DISPATCHNINJA service allows users to place orders for various products, including but not limited to food delivery, take out and alcohol from restaurants and stores in select cites as identfied on the Website (the “Service”). You can use the Service from a computer or a personal mobile device, if you have downloaded the App. For avoidance of doubt, DISPATCHNINJA does not prepare the food or provide delivery services directly and it will not be liable for the actions or omissions of any third-party independent courier contractors or restaurants that provide services through the Service including without limitation for any issues related to product/food quality or timely delivery.
  2. Registraton By placing an order with us you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. In the case of ordering alcohol, you warrant that you are of legal age and are not buying such products for anyone below the legal age. In order to place orders through the Service (each an “Order”), you must create an account on the Website and/or App to enter your delivery and payment informaton, where you will agree that DISPATCHNINJA will store your delivery informaton in order to provide the Service to you. By creatng an account, you will be able to review your previous Orders and enjoy other member features of the Service. You must provide a valid credit card informaton in order to place Orders through the Service. Personal informaton provided by you on registraton is handled by us in accordance with the terms of our Privacy Policy.
  3. Processing Orders
  4. Once you submit an Order and your payment has been authorized, your Order will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button once you do so, we will start processing your Order and errors cannot be corrected. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the restaurant. We encourage all our restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if the restaurant rejects your Order. However, restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit card and your payment has been authorized, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Restaurant 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 business days (and in some cases up to 30 business days, depending on your bank or card issuer). You acknowledge and agree that neither we nor the restaurant will be responsible or liable to you in relaton to this delay by your bank or card issuer in the release of funds back into your account.Delivery of Orders When you place a Pickup or Delivery Order, you may choose the tme you would like your Order to be picked up or delivered to you. This tme is only an estmate and DISPATCHNINJA ofers no guarantee of this tme. DISPATCHNINJA is not responsible for any delays in receiving your Order for any reason. If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered. Restaurants reserve the right to require proof of your age. If you are unable to provide proof that you are of the minimum legal age to consume alcohol to the satsfacton of the restaurant, then delivery of the alcohol products will be withheld, and any refund for such withholding is solely at the discreton of the restaurant.
  5. Intellectual Property DISPATCHNINJA contains various materials including, but not limited to, software, text, graphics, images, sound recordings, and other material provided by or on behalf of DISPATCHNINJA. This content is owned by either us or by a third party and is protected under both Canadian, US, and foreign laws. Unauthorized use of this may violate various copyright, trademark, patent or any other applicable law. Use of the Service does not entitle you to claim rights to any such intellectual property or content of the Website, and you have no rights to the intellectual property or content of the Website, except as expressly stated in these Terms of Use.
  6. Price and Payment Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. The payment will be collected from the customer by the restaurant or its agent together with applicable taxes. The restaurant or its agent is responsible for collection and timely remittance to the appropriate tax or government authority all applicable taxes. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service is 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 and absolute discretion. You agree that 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 and/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.
  7. Content All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not DISPATCHNINJA, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. DISPATCHNINJA does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will DISPATCHNINJA be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or 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 Service.
  8. Restrictions on User Content and Use of the Service DISPATCHNINJA reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Website, App and/or Service You shall not: 1. copy any content unless expressly permitted to do so herein 2. upload, post, email, transmit or otherwise make available any material that does or attempts to do any one or more of the following: a. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable b. You do not have a right to make available under any law or under a contractual relationship c. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights)n d. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation e. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy or f. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptve, or any material that could damage or harm minors in any wayn g. impersonate any person or entty or misrepresent their afliaton with a person or enttyn h. forge headers or otherwise manipulate identiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organizatonn i. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulatons of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentcaton measuresn j. intentonally or unintentonally violate any applicable local, state, natonal or internatonal law or regulatonn k. collect or store personal data about other users or viewersn l. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Appn or m. modify, translate, make derivatve works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any sofware provided as part of the Website, except to the extent the foregoing restrictons are expressly prohibited by applicable law. You also agree not to access the Website or App in a manner that utlizes the resources of the Website or App more heavily than would be the case for an individual person using a conventonal web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creatng publicly available searchable indices of the materials on this Website.
  9. License of Content to DISPATCHNINJA and other Users By submitng, postng or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. DISPATCHNINJA will not be responsible or liable for any use of User Content in accordance with these Terms of Use. 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.
  10. End User License Except for User Content, the App, this Website, and the informaton and materials contained therein are the property of DISPATCHNINJA and its licensors, and are protected from unauthorized copying and disseminaton by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Use, DISPATCHNINJA grants you a nontransferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms of Use gives you a right to use the DISPATCHNINJA names, trademarks, logos, domain names, and other distnctve brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictons on the Website. Any future release, update, or other additon to functonality of the Website or App shall be subject to the terms of these Terms of Use.
  11. Apple App Store and Google Play Store Additonal Terms and Conditons The following additonal terms and conditons apply to you if you are using the App from the Apple App Store and/or Google Play Store. To the extent the other terms and conditons of these Terms of Use are less restrictve than, or otherwise confict with, the terms and conditons of this Secton, the more restrictve or confictng terms and conditons in this Secton apply, but solely with respect to the App from the Apple App Store and/or Google Play Store. You acknowledge and agree that: a. These Terms of Use are concluded solely between DISPATCHNINJA and You and not with Apple or Google, and DISPATCHNINJA not Apple or Google, is solely responsible for the App and the content thereof. To the extent that these Terms of Use provide for usage rules for the App which are less restrictve or in confict with the Apple App Store Terms of Service or Google Play Store Terms of Service, the more restrictve or confictng Apple or Google term will take precedence and will applyn b. Apple and Google have no obligaton whatsoever to provide any maintenance and support services with respect to the App. DISPATCHNINJA is solely responsible for any product warrantes, whether express or implied by law, to the extent not efectvely disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notfy Apple or Google, and Apple or Google will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligaton whatsoever with respect to the App, and any other claims, losses, liabilites, damages, costs or expenses attributable to any failure to conform to any warranty will be DISPATCHNINJA’ sole responsibilityn c. DISPATCHNINJA, not Apple and Google, is responsible for addressing any claims of you or any third party relatng to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claimsn (ii) any claim that the App fails to conform to any applicable legal or regulatory requirementn (iii) claims arising under consumer protecton or similar legislatonn (iv) intellectual property infringement claimsn and d. Apple and Google, and their subsidiaries, are third party beneiciaries of this Agreement, and that, upon your acceptance of these Terms of Use, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneiciary thereof. You represent and warrant that (i) you are not located in a country that is subject to a Canada or U.S. Government embargo, or that has been designated by the Canada or U.S. Government as a “terrorist supportng” countryn and (ii) you are not listed on any Canada or U.S. Government list of prohibited or restricted partes.FeedbackIf You provide DISPATCHNINJA with any suggestons, comments or other feedback relatng to any aspect of the Website, App and/or Service (“Feedback”), DISPATCHNINJA may use such Feedback in the Website, App, Service and/or in any other DISPATCHNINJA products or services (collectvely, “DISPATCHNINJA Oferings”). Accordingly, You agree that: (a) DISPATCHNINJA is not subject to any conidentality obligatons in respect to the Feedback, (b) the Feedback is not conidental or proprietary informaton of You or any third party and You have all of the necessary rights to disclose the Feedback to DISPATCHNINJA, (c) DISPATCHNINJA (including all of its successors and assigns and any successors and assigns of any of the DISPATCHNINJA Oferings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any DISPATCHNINJA Oferings, and (d) You are not enttled to receive any compensaton or re-imbursement of any kind in respect of the Feedback.By postng, uploading or transmitng any Feedback, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to such Feedback including, without limitaton, all the rights necessary for you to provide, post, upload, input or submit such Feedback. You are prohibited from postng, uploading or transmitng any Feedback that:a. breaches any applicable local, natonal or internatonal law
    b. is unlawful or fraudulentn
    c. amounts to unauthorized advertsingn or
    d. contains viruses or any other harmful programs.

    In partcular (but without limitaton), any Feedback that you submit through the Website must not:

    a. contain any defamatory, obscene or ofensive materialn
    b. promote violence or discriminatonn
    c. infringe the intellectual property rights of another personn
    d. breach any legal duty owed to a third party (such as a duty of conidence)n
    e. promote illegal actvity or invade another’s privacyn
    f. give the impression that they originate from usn or
    g. be used to impersonate another person or to misrepresent your afliaton with another person.

    We reserve the right and have the sole and absolute discreton to remove or edit at any tme any Feedback posted, uploaded or transmitted to the Website/App that we determine breaches a prohibiton detailed above, is otherwise objectonable or may expose us or any third partes to any harm or liability of any type, or for any other reason.

    The Feedback contained on the Website/App are for informaton purposes only and do not consttute advice from us. Feedback refects the opinions of customers who have ordered through the Website/App and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Feedback, including without limitaton any mistakes, defamaton, obscenity, omissions or falsehoods that you may encounter in any such materials.

    Advertsing

    You acknowledge and agree that the Website and App may contain advertsements. If You elect to have any business dealings with anyone whose products or services may be advertsed on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertser and You further acknowledge and agree that DISPATCHNINJA shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

    Links & Third-Party Websites

    The Website and App (including User Content) may contain links to other websites that are not owned or controlled by DISPATCHNINJA. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by DISPATCHNINJA of that third party, third party product or service. 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 representaton about these websites, their content, or the results from using such websites or content. DISPATCHNINJA is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditons of those websites and or services and You are responsible for determining those terms and conditons and complying with them. The presence of a link to any other website(s) does not imply that DISPATCHNINJA endorses or accepts any responsibility for the content or use of such websites, and You hereby release DISPATCHNINJA from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. If you decide to access any of the third party websites linked to the Website, you do so entrely at your own risk. While DISPATCHNINJA does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Secton 3 of these Terms of Use. DISPATCHNINJA reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitaton, any link which contains or makes available any content or informaton of the foregoing nature, at any tme. DISPATCHNINJA permits you to link to our website provided that you do so in a fair and legal way which does not damage or take advantage of our reputaton and any website that provides a link to ours must comply with the content standards set out in these website terms. We reserve the right to withdraw linking permission at any tme for any reason.

    Disclaimers

    a. ALTHOUGH WE TAKE OUR CUSTOMERS’ SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR FOOD ORDER, INCLUDING ANY DELIVERY SERVICES, PLEASE CONTACT THE RESTAURANT DIRECTLY. YOUR ORDER IS BETWEEN YOU AND THE RESTAURANT FROM WHICH YOU ORDER, AND DISPATCHNINJA IS NOT A PARTY TO ANY SUCH ORDER.

    b. THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

    c. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS YOU AGREE THAT: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESn AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

    d. THE SERVICES AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS, INCLUDING WITH RESPECT TO ALLERGY INFORMATION AND/OR FOOD PREPARATION STANDARDS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES AND/OR THE CONTENT. THE SERVICES AND THE CONTENT CONTAIN INFORMATION ON OUR PARTICIPATING RESTAURANTS’ PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES OR IN THE CONTENT DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AND THE CONTENT AT ANY TIME WITHOUT NOTICE.

    e. WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. IN ADDITION, WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE CONDUCT TO APPROPRIATE AUTHORITIES AT OUR DISCRETION.

    LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL DISPATCHNINJA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, YOUR FAILURE TO COLLECT OR REMIT TO THE APPROPRIATE AUTHORITY APPLICABLE TAXES. THESE LIMITATIONS SHALL APPLY EVEN IF DISPATCHNINJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DISPATCHNINJA’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) FIFTY CANADIAN DOLLARS ($50); OR (B) AMOUNTS YOU HAVE PAID DISPATCHNINJA IN THE PRIOR THREE (3) MONTHS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. o Indemniicaton. You shall indemnify and hold DISPATCHNINJA and its subsidiaries, afliates, ofcers, agents, and employees, harmless from all claims, actons, proceedings, demands, damages, losses, penaltes, ines, costs, interest and expenses (including reasonable attorneys’ fees), incurred in connecton with any materials submitted, posted, transmitted or made available by you through the Service or the Website, any interactons or transactons between you and any third-party restaurant or independent courier contractors that provides services through the DISPATCHNINJA service, including without limitaton, failure by the restaurant or the courier to collect or remit all applicable taxes, and/or any violaton by you of these terms of use, the rights of any third party, or any applicable law or regulaton. o Class Acton Waiver. You agree that any arbitraton or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitraton or proceeding shall be joined with any othern (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class acton-basis or to utlize class acton proceduresn and (iii) there is no right or authority for any Dispute to be brought in a purported representatve capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. o Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligatons under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in partcular (without limitaton) the following: a. strikes, lock-outs or other industrial actonn b. civil commoton, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparaton for warn c. ire, explosion, storm, food, earthquake, subsidence, epidemic or other natural disastern d. impossibility of the use of railways, shipping, aircraf, motor transport or other means of public or private transportn e. impossibility of the use of public or private telecommunicatons networksn and f. the acts, decrees, legislaton, regulatons or restrictons of any government. Our performance under these Website Terms of Use is deemed to be suspended for the period that any Force Majeure Event contnues, and we will have an extension of tme for performance for the duraton of that period. We will use our reasonable endeavours to ind a soluton by which our obligatons under these Website Terms may be performed despite the Force Majeure Event. o Terminaton DISPATCHNINJA may, under certain circumstances and without prior notce, immediately terminate Your ability to access the Website or App or portons thereof. Cause for such terminaton shall include, but not be limited to, (a) breaches or violatons of these Terms of Use or any other agreement that You may have with DISPATCHNINJA (including, without limitaton, non-payment of any fees owed in connecton with the Website or otherwise owed by You to DISPATCHNINJA), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontnuance or material modiicaton to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) partcipaton by You, directly or indirectly, in fraudulent or illegal actvites. Terminaton of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminatons may be made by DISPATCHNINJA in its sole and absolute discreton and that DISPATCHNINJA shall not be liable to You or any third-party for any terminaton of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any terminaton of these Terms of Use by DISPATCHNINJA shall be in additon to any and all other rights and remedies that DISPATCHNINJA may have. o Availability & Updates DISPATCHNINJA may alter, suspend, or discontnue the Website, App and/or Service at any tme and for any reason or no reason, without notce. The Website, App and/or Service may be unavailable from tme to tme due to maintenance or malfuncton of computer or network equipment or other reasons. DISPATCHNINJA may periodically add or update the informaton and materials on this Website without notce. While we try to ensure the Website and App is normally available twenty four (24) hours a day, we do not undertake any obligaton to do so, and we will not be liable to you if the Website is unavailable at any tme or for any period. o Security Informaton sent or received over the Internet is generally unsecure and DISPATCHNINJA cannot and does not make any representaton or warranty concerning security of any communicaton to or from the Website or any representaton or warranty regarding the intercepton by third partes of personal or other informaton. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any actvites or actons under your password. You agree to keep your password secure. DISPATCHNINJA will not be liable for any loss or damage arising from your failure to comply with these requirements. o General These Terms of Use, together with any privacy policy that may be published on the Website, consttutes the entre agreement between the persons using the Website and Service to order products and all related actvites. If You are a restaurant or food establishment or a business providing food delivery services, there are additonal other agreements that cover your relatonship with DISPATCHNINJA. These Terms of Use shall not be modiied except by a new postng of these Terms of Use issued by DISPATCHNINJA. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not afect the validity and enforceability of the remaining provisions. The failure of DISPATCHNINJA to exercise or enforce any right or provision under these Terms of Use shall not consttute a waiver of such right or provision. Any waiver of any right or provision by DISPATCHNINJA must be in writng and shall only apply to the speciic instance identied in such writng. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operaton of law, or otherwise without DISPATCHNINJA’s prior written consent. We may assign these Terms of Use without restricton. The Terms of Use shall be governed by the laws of the Province of Alberta, Canada without regard to the choice of law principles. If you have any questons about these Terms or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@DISPATCHNINJA.com. PRIVACY POLICY We are committed to protectng the privacy of all visitors to the Website, including all visitors or users who access the Website or Service through a web applicaton, mobile applicaton or other platorm or device. Please read the following Privacy Policy carefully which explains how we collect, use and protect the Personal Informaton (deined below) that we collect about you. As an organizaton engaged in commercial actvites, we are committed to complying with the Personal Informaton Protecton and Electronic Documents Act Canada, and with any other Canadian privacy laws applicable to our operatons. By visitng and/or ordering services or using the Website, you acknowledge and agree that you have read and understand this Privacy Policy, and consent to the collecton, use and disclosure of your Personal Informaton under the terms of this Privacy Policy. In most cases, we will ask you to provide explicit consent (through agreeing to a revised version of this Privacy Policy) if we intend to collect, use or disclose your Personal Informaton otherwise than as indicated in this Privacy Policy, however sometmes your consent may be implied through your conduct with us. 1. INFORMATION THAT WE COLLECT FROM YOU 1.1. When you use the Service to make an order from a restaurant through the Website you may be asked to provide informaton about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address), payment informaton (such as credit or debit card informaton) and/or other personally identiable informaton (the “Personal Informaton”). Personal Informaton does not include business informaton such as a business address, business ttle, professional designaton(s) or business telephone number. We may also collect informaton about your usage of the Website and Service and Personal Informaton about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us. Collecton of Personal Informaton will be limited to that which is necessary for the purposes for which it was provided and/or as provided under this Privacy Policy and will be collected by fair and lawful means. 1.2. By accessing DISPATCHNINJA informaton and/or the Website or Service using mobile digital routes such as (but not limited to) mobile phones, tablets, laptops or other wireless devices/technology including mobile applicatons, you acknowledge and agree that our data collecton and usage as set out in this Privacy Policy will apply in that context too. We may collect non-personal device informaton (such as technical informaton) from your mobile device or your use of the Website or the Service through a mobile device, for example, locaton data and certain characteristcs of, and performance data about your device, carrier/operatng system including device and connecton type, IP address, mobile payment methods, interacton with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platorm setngs, this informaton may be collected and used by us automatcally if you use the Website or Service through your mobile device(s) via any DISPATCHNINJA mobile applicaton, through your mobile’s browser or otherwise. 1.3. We may also collect some personal informaton through system logs and cookies. For further informaton on our practces in relaton to cookies, please refer to paragraph 4 below. 2. USE OF YOUR PERSONAL INFORMATION 2.1. Your Personal Informaton will enable us to provide you with access to parts of the Website reserved for registered users, to supply the Service and provide feedback and answer your questons if you contact us. It will also enable us to bill you and enable us and/or a restaurant with whom you have placed an order to contact you where necessary concerning the Service. For example, we and/or the restaurant may use your informaton to provide you with status updates or other informaton regarding your order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.) and to deliver the order. Where you place an order with a franchisee in a chain of restaurants, we may share your order details/informaton with the master franchisor or other restaurants within the chain for their statstcal and/or analytcs purposes. We will also use and analyze the Personal Informaton we collect so that we can administer, support, improve and develop our business, for any other purpose notied to you whether statstcal or analytcal and to help us prevent fraud. Where appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applicatons or any representaton of the Website. 2.2. We may use your Personal Informaton to contact you for your views on the Service and to notfy you occasionally about important changes or developments to the Website or the Service. You cannot opt out of receiving noticatons of important changes or developments (eg. to this Privacy Policy or the Website Terms) unless you discontnue use of the Website or Service. 2.3. You agree that we may use your Personal Informaton to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketng. We may contact you to do so by telephone, SMS and email and if you use our mobile applicaton, via push noticaton. It is always your choice whether to receive or to contnue receiving to receive such marketng materials and updates from DISPATCHNINJA. We will not send you any direct marketng communicatons unless you have separately consented to receive such communicatons or such consent has been deemed to have been given under applicable law. If you no longer wish to receive direct marketng communicatons, you can manage your preferences for email and SMS marketng communicatons at any tme by going to the Account Info page. Alternatvely, you can opt-out using the unsubscribe mechanism in the marketng communicaton itself (e.g. by clicking the unsubscribe link at the bottom of an email or by replying with the word “STOP” to an SMS). To manage push noticatons, go to the setngs page of your phone or tablet and change the push noticaton permission for the DISPATCHNINJA app. If you switch of in-app push noticatons, you will no longer receive updates on your orders via push. 2.4. Where you have indicated accordingly, you agree that we may also share Personal Informaton with third partes (including those in the food, drink, leisure, marketng and advertsing sectors) which may use your Personal Informaton in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us analyze the informaton we collect so that we can administer, support, improve and develop our business and services to you. Personal Informaton shared with such third partes will be used in accordance with such third partes’ own privacy practces which DISPATCHNINJA does not have control over so you should review such privacy practces before agreeing to have your Personal Informaton shared with such third partes. We may use your order details excluding Personal Informaton with third partes (including those in the food, drink, leisure, marketng and advertsing sectors). 2.5. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in paragraph 8 below and/or amending the permissions secton of your proile accordingly. 2.6. Please note that by submitng reviews regarding the Website, Service and/or restaurants, you consent to us using such reviews on the Website and in any marketng or advertsing materials. We will only identfy you for this purpose by your irst name and the city in which you reside (and any other informaton that you may from tme to tme consent to us disclosing). 2.7. This Privacy Policy does not apply to other web sites that we have linked to our web site. We try to link only with web sites that share our values, however, you should check the privacy policy of any linked web site to understand their personal informaton collecton practces. We are not responsible for the content or informaton collecton policies of such web sites. 3. DISCLOSURE OF YOUR PERSONAL INFORMATION 3.1. The Personal Informaton you provide to us will be held on our servers which may be in or outside Canada. In additon, your Personal Informaton may be accessed by or given to our staf working outside Canada and/or to third partes including companies within the DISPATCHNINJA group of companies (which means our subsidiaries and afliates, our ultmate holding company and its subsidiaries and afliates) who act for us for the purposes set out in this policy or for other purposes notied to you. For example, we may send Personal Informaton outside of Canada for processing and storage by other companies within the DISPATCHNINJA group of companies or by their service providers. 3.2. While your Personal Informaton is out of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Certain countries outside Canada do not always have equivalent strong data protecton laws irrespectve of the safeguards we have put in place for the protecton of your informaton in accordance with this Privacy Policy. 3.3. The third partes with whom we share your informaton may undertake various actvites such as processing credit card payments and providing support services for us. In additon, we may need to provide your Personal Informaton to any restaurants that you have placed an order with so as to allow the restaurant to process and deliver your order. By submitng your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Informaton is treated securely and in accordance with this Privacy Policy. 3.4. If you have consented, we may allow carefully selected third partes, including marketng and advertsing companies, our afliates and associates, to contact you occasionally about other products or services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in paragraph 8 below and/or by amending your proile accordingly. 3.5. If our business enters into a joint venture with, purchases or is sold to or merged with another business entty, your Personal Informaton may be disclosed or transferred to the target company, our new business partners or owners or their advisors provided that the informaton disclosed contnues to be used for the purposes permitted by this Privacy Policy by the entty acquiring the informaton. 3.6. We may use the Personal Informaton that you provide to us if we are under a duty to disclose or share your Personal Informaton in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligatonn or in order to enforce the Website Terms and any other agreement we have with you. This includes exchanging Personal Informaton with other companies and other organizatons for the purposes of fraud protecton and preventon. 3.7. We will always take steps to ensure that your Personal Informaton (if we provide it to third partes who provide services to us) will be treated in accordance with this Privacy Policy, including ensuring that third partes are contractually required to comply with this Privacy Policy. 4. COOKIES 4.1. We use cookies to improve the quality of our Website and Service, and to try and make your browsing experience meaningful. When you enter our Website our web server sends a cookie to your computer which allows us to recognize your computer but not speciically who is using it. By associatng the identicaton numbers in the cookies with other customer informaton when for example you log-in to the Website, then we know that the cookie informaton relates to you. By using this Website, you consent to our cookie setngs and agree that you understand the cookies policy set forth in this paragraph 4, which explains how you can manage your cookie choices and preferences. 4.2. Cookies are small pieces of informaton which are issued to your computer when you visit a website and which store and sometmes track informaton about your use of the site. A number of cookies we use last only for the duraton of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the site and will last for a longer duraton. 4.3. Some of the cookies used by our Website are served by us, and some are served by third partes who are delivering services on our behalf. Most web browsers automatcally accept cookies but, if you prefer, you can change your browser to prevent that or to notfy you each tme a cookie is set. You can also learn more about cookies by visitng www.allaboutcookies.org which includes additonal useful informaton on cookies and how to block cookies using diferent types of browser. Please note however, that by blocking or deletng cookies used on our site you may not be able to take full advantage of our site if you do so. 4.4. This Privacy Policy provides you with further details about how we use any personal informaton you give us, although not all informaton captured by using cookies will identfy you. 4.5. We are contnually striving to develop improved ways of managing your cookie preferences. As new technologies and solutons emerge, the cookies policy set forth in this paragraph 4 may be updated to refect any such advances in technology and preference management tools. 5. SECURITY AND DATA RETENTION 5.1. We take technical, administratve and physical security steps designed to protect your Personal Informaton from unauthorized access and against unlawful processing, accidental loss, destructon and damage. We have implemented procedures designed to limit the disseminaton of your Personal Informaton to only personnel with a business “need-to-know” or whose dutes reasonably require such informaton. 5.2. We will keep your informaton as long as necessary to fulil the purposes for which that Personal Informaton was collected, and as permitted or as required by law. We may retain certain data as necessary to prevent fraud or future abuse, or for legitmate business purposes, such as analysis of aggregated, non-Personal Informaton, or account recovery, or if required by law. All retained Personal Informaton will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Informaton due to technological and legal constraints. 5.3. Where you have chosen a password, which allows you to access certain parts of the Website, you are responsible for keeping this password conidental. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorized transactons entered into using your name and password. 5.4. The transmission of informaton via the internet is not completely secure. Although we will take steps to protect your Personal Informaton, we cannot guarantee the security of your Personal Informaton or other data transmitted to the Websiten any transmission is at your own risk. Once we have received your Personal Informaton, we will use organizatonal and technical safeguards to try to prevent unauthorized access. Please also note that the Website contains links to third party websites, which are not governed by this Privacy Policy, and DISPATCHNINJA is not responsible for the collecton, use or disclosure of Personal Informaton by such third party websites. 6. ACCESSING AND UPDATING 6.1. You have the right to see the Personal Informaton we hold about you (“Access Request”) and to ask us to make any changes to ensure that it is accurate and up to date. Upon receipt of your written request, we will provide you with a copy of your Personal Informaton although in certain limited circumstances, we may not be able to make all relevant informaton available to you such as where that informaton also pertains to another user. In such circumstances, we will provide reasons for the denial to you upon request. We will endeavour to deal with all requests for access and modiicatons in a tmely manner. We will advise you in writng if we cannot meet your requests within this tme limit. 6.2. If you wish to do this, please contact us using the contact details set out in paragraph 8 below. We will charge you a fee to meet our administratve costs in providing this informaton to you. 6.3. Please note that we may request that you provide sufcient identicaton before we provide you with the Personal Informaton that we hold. Any such identfying informaton shall be used only for this purpose. 7. CHANGES TO OUR PRIVACY POLICY 7.1. This Privacy Policy is current as of the “last revised” date which appears at the top of this page. Your contnued use of the Website and Service afer any change of our Privacy Policy will consttute your acceptance of the revised terms of this Privacy Policy and accordingly, we will treat Personal Informaton in a manner consistent with the latest version of the Privacy Policy afer any period notfying you of changes to the Privacy Policy has passed. 7.2. Any changes to our Privacy Policy will be posted to the Website. 8. CONTACT 8.1. You can help by keeping us informed of any changes such as a change of delivery address for Orders or telephone number. If you would like to access your informaton, if you have any comments, queries and requests relatng to our use of your Personal Informaton or if you ind any errors in our informaton about you, please contact us at info@DISPATCHNINJA.com.