FoodFun WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Website Terms") on which we, FoodFun Kitchens Ltd, ("we" or " FoodFun "), provide our services through our website and any FoodFun mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully before ordering any products through, the Website, as your purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference.
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website and any FoodFun mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and will not be able to order any products through this Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: FoodFun is a company registered in Ontario, Canada with registered company number 002544652, whose registered office is at 139 King St East, Hamilton, Ontario, Canada L8N1B1
1.2. Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway. Please see paragraph 11 for important information regarding the legal relationship between you and FoodFun.
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may download our app through the website by either choosing app store icon or android icon.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through our app.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the App, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 18 years old.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Once you have selected the Products you wish to order from our menu and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting "place my order" or similar button. 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.
4.2. Amending or canceling your Order: Once you have submitted your Order and your payment has been authorized, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you should contact our Restaurant. However, there is no guarantee that our restaurant will agree to your requests as we may have already started processing your Order.
4.3. Payment authorization: Where any payment you make is not authorized, your order will not be processed or communicated to the Restaurant.
4.4. Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the Restaurant and will notify you through "Status” on the App. Please note that any confirmation page that you may see on the Website and any Order confirmation you may receive each merely indicates that your order has been received and is being processed by our Restaurant. The Restaurant will generally accept all Orders. If any rejections happened, we will notify you (generally by phone) as soon as possible. However, we have the discretion to reject Orders at any time because we are too busy, due to weather conditions or for any other reason.
4.5. Delivery of your Order: Estimated time for deliveries and pick-ups are provided by FoodFun. We do not guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
5. PRICE AND PAYMENT
5.1. Sales tax, delivery, and online payment costs: Prices will be as quoted on the app. These prices will have applicable sales taxes applied at checkout and may include delivery costs and any online payment administration charges (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2. Incorrect pricing: This App contains a large number of foods and it is possible that some of the prices might be incorrect. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched. In such an event, our restaurant is not under any obligation to ensure that the Order provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for Orders must be made by an accepted credit card through the Website or in cash to the Restaurant at the point of delivery to you.
5.4. Card payments: If you pay by credit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit card.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognized by the Website and endorsed by FoodFun, and you pay for any balance by credit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers. Please note that because of standard banking procedures, your bank or card issuer will initially "ring-fence" the full amount of the Order (before any credit or discount) in your account for a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer), and this amount will ,therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit 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 (as described in paragraph 4.4 above) or canceled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that our Restaurant will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1. General: If you are having any problems with your Order, we recommend that you try to contact us directly in the first instance to discuss the issue. Our experience indicates that this is likely to be the most efficient way of solving the problem. Notwithstanding the foregoing, customer care is extremely important to us. Accordingly, as described further in this paragraph 6 and subject to paragraphs 6.5 and 11, our Customer Care team will, therefore, try to assist you where possible (subject to resource availability) if you have any problems contacting or resolving your issue directly with our Restaurant.
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you should contact the restaurant directly.
6.3. Changing or canceling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you should directly reach the Restaurant. However, there is no guarantee that our Restaurant will agree to your requests as we may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by our Restaurant, please consider reflecting your suggestions directly to our restaurant.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by our Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact us directly to lodge your complaint and, where appropriate, follow our own complaint procedures so that we can discuss the compensation.
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the Website (including by hacking or "scraping").
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us. 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 Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that the status of FoodFun as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL
9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
10.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
10.2. Allergy, dietary and other menu information: If customers are allergic to any kind of food ingredient, customers shall inform us before ordering.
10.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and our Restaurant. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
10.3.1. We do not give any undertaking that the Products ordered from our Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
10.3.2. Estimated times for deliveries and pick-ups are provided by our Restaurant. We are not able to guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
10.3.3. We normally accept all Orders and to communicate any rejection promptly, and we will notify you as soon as possible if our Restaurant rejects your Order. However, we do not guarantee that we will accept all Orders, and have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
10.3.4. The foregoing disclaimers do not affect your statutory rights against us.
10.4. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or C$100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.5. Indemnity: You agree to defend, indemnify and hold harmless FoodFun, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Website Terms or your violation of any law or the rights of any third party with respect to the Website or the Services. FoodFun reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by FoodFun.
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.1 (License);
13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15 EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.2. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.3. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.4. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.5. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.6. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed in accordance with the laws of the Province of Canada and the federal laws of Canada applicable therein. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Ontario.
As an organization engaged in commercial activities, we are committed to complying with the Personal Information Protection and Electronic Documents Act Canada, and with any other Canadian privacy laws applicable to our operations.
1. INFORMATION THAT WE COLLECT FROM YOU
1.3. We may also collect some personal information through system logs and cookies. For further information on our practices in relation to cookies, please refer to paragraph 4 below.
2. USE OF YOUR PERSONAL INFORMATION
2.3. You agree that we may use your Personal Information 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 marketing. We may contact you to do so by telephone, SMS Alternatively you can opt-out using the unsubscribe mechanism in the marketing communication 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 notifications, go to the settings page of your phone or tablet and change the push notification permission for the FoodFun app. If you switch off in-app push notifications, you will no longer receive updates on your orders via push.and email and if you use our mobile application, via push notification. It is always your choice whether to receive or to continue receiving to receive such marketing materials and updates from FoodFun. We will not send you any direct marketing communications unless you have separately consented to receive such communications or such consent has been deemed to have been given under applicable law. If you no longer wish to receive direct marketing communications, you can manage your preferences for email and SMS marketing communications at any time by going to the Account Info page.
2.4. Where you have indicated accordingly, you agree that we may also share Personal Information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) which may use your Personal Information 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 to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you. Personal Information shared with such third parties will be used in accordance with such third parties’ own privacy practices which FoodFun does not have control over so you should review such privacy practices before agreeing to have your Personal Information shared with such third parties.
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 section of your profile accordingly.
2.6. Please note that by submitting Reviews regarding the Website, Service and/or Restaurants, you consent to us using such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).
3. DISCLOSURE OF YOUR PERSONAL INFORMATION
3.1. The Personal Information you provide to us will be held on our servers which may be in or outside Canada (including in particular the United Kingdom and other countries in the European Economic Area), In addition, your Personal Information may be accessed by or given to our staff working outside Canada and/or to third parties including companies within the FoodFun (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you. For example, we may send Personal Information outside of Canada for processing and storage by other companies within the FoodFun group of companies or by their service providers.
3.4. If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates 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 profile accordingly.
3.6. We may use the Personal Information that you provide to us if we are under a duty to disclose or share your Personal Information in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce the Website Terms and any other agreement we have with you. This includes exchanging Personal Information with other companies and other organisations for the purposes of fraud protection and prevention.
4.2. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration 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 duration.
4.4. We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, the cookies policy set forth in this paragraph 4 may be updated to reflect any such advances in technology and preference management tools.
5. SECURITY AND DATA RETENTION
5.1. We take technical, administrative and physical security steps designed to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We have implemented procedures designed to limit the dissemination of your Personal Information to only personnel with a business "need-to-know" or whose duties reasonably require such information.
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 confidential. 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 unauthorised transactions entered into using your name and password.
6. ACCESSING AND UPDATING
6.1. You have the right to see the Personal Information 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 Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information 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 modifications in a timely manner. We will advise you in writing if we cannot meet your requests within this time 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 administrative costs in providing this information to you.
6.3. Please note that we may request that you provide sufficient identification before we provide you with the Personal Information that we hold. Any such identifying information shall be used only for this purpose.
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 information, if you have any comments, queries and requests relating to our use of your Personal Information or if you find any errors in our information about you, please contact us at email@example.com.