Munch Inc. (“Munch,” “we,” “us,” or “our”) is willing to provide you access to and use of its remote restaurant ordering and delivery system or mobile application (the “Mobile App”), technology, and related services (the “Services”).
DESCRIPTION OF SERVICES
Munch Inc is a mobile application that brings together 3 distinct user groups for mutual gain. Consumers (munchers) can order food items from restaurants that have registered with the App and put their menu items online. These orders are then passed onto a driver user group located geographically through the phones gps and they can accept to deliver the food items for a set fee. The food order is then made by the restaurant the driver picks up and delivers to the muncher who ordered the food. All payments are made through the mobile application interface.
Although you are able to place orders through the Services, Munch is not an actual party to any such transaction. Your order is between you and the restaurant from which you order. Accordingly, we shall have no liability to any party in connection with such transactions.
We may also provide third party advertisements on our Mobile App. Although we do screen the ads we cannot guarantee that these ads will not offend you and we disclaim all liability pertaining to such ads.
Subject to the terms and conditions of this agreement, Munch grants you a non-transferable, revocable, non-exclusive, non-sub licensable, royalty-free license to access and use the Service for your internal, person, non-commercial purpose of ordering and paying for orders (defined below). In connection with your access to or use of the website or the Services, or in the course of your interactions with Munch, you will not: (a) violate any law, statute, ordinance, or regulation; (b) infringe Munch’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (c) act in a manner that is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) provide false, inaccurate or misleading information; (e) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to Munch; (f) take any action that imposes an unreasonable or disproportionately large load on Munch infrastructure; (g) transmit or facilitate the transmission of any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Service; (h) reverse engineer the Munch software or Service.
We provide a few simple rules to follow. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice.
The Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand it. You may not use the Services to purchase alcohol.
All payments shall be made through the Mobile App via PayPal. It is therefore imperative that either you have an account with PayPal or you have a debit/credit card acceptable by PayPal.
You must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this agreement.
If you have a question about a transaction on your credit card statement, please contact us.
All refunds are subject to the refund policies of the restaurants from which you order. If you contact us seeking a refund, we cannot – and will not – process any refund until we receive the approval from the applicable restaurant. We will use reasonable efforts to request and obtain refunds when appropriate.
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Munch (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both Canadian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Munch (“Munch Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Munch Inc.. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Munch Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Munch Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
COMMUNICATIONS TO MUNCH AND USER SUBMISSIONS
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
You retain all copyrights and other intellectual property rights in and to anything you post to the Services. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose.
NO WARRANTIES/LIMITATION OF LIABILITY
ALTHOUGH WE TAKE OUR CUSTOMERS’ SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR FOOD ORDER, PLEASE CONTACT THE RESTAURANT DIRECTLY. WE ARE ONLY A PLATFORM AND INTERMEDIARY AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY PERTAINING TO THE FOOD PURCHASED AT ANY RESTAURANT.
WE SHALL NOT BE RESPONSIBLE FOR ANY MISHAP THAT MIGHT OCCUR TO THE DRIVERS DELIVERING THE ORDERS. THE DRIVER IS SOLELY RESPONSIBILE TO ENSURE THEY ARE IN COMPLIANCE WITH THE SPECIFIC LAWS WITHIN THEIR JURISDICTION.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THEIR SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
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, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT OR THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. THE SERVICES CONTAIN INFORMATION ON OUR PARTICIPATING RESTAURANTS’ PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES 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 AT ANY TIME WITHOUT NOTICE.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these terms or your access to, use, or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in Canada and United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Canada and United States. If you access the Services or the Content from outside of Canada and United States, you do so at your own risk. Whether inside or outside, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
In agreeing to these terms Munch Inc. will add a 10% commission fee to each menu item that is placed onto the munch application. This will be added prior to display to the customer base and will appear as an overall price of the item. This is defined as the App Price. In the event that the restaurant has lower pricing either online or through another delivery app munch will adjust the App price to this lower advertised price and adjust the restaurant price accordingly to maintain the 10% addition.
Additionally, the paypal fee’s associated with purchasing the food items through the application will be the responsibility of the restaurant and be charged accordingly. Munch Inc. will retain 1% of the purchase price as an accrual towards refundable munch rewards. These munch rewards will have an equivalent cash value and will be redeemable at any restaurant within the munch community. Munch reserves the right to delete accounts that have been inactive for a period of more than six months.
In agreeing to these terms Munch Inc will deduct a 10% commission on each delivery fee that is collected through the munch application. In accepting to be a driver for munch you are agreeing to conduct yourself in a professional manner and represent the munch brand with appropriate behavior and punctuality. Munch reserves the right to terminate the agreement between itself and drivers should the driver have been deemed to have acted or represented themselves inappropriately for the munch brand identity.
These terms shall be governed by and construed in accordance with the laws of Canada, without giving effect to its principles of conflicts of laws. Any litigation based hereon, or arising out of or in connection with a default by either party in the performance of its obligations hereunder, shall be brought and maintained and adjudicated exclusively in an arbitration in Canada and enforceable in any court of competent jurisdiction. Each party hereby irrevocably submits to the jurisdiction of such arbitration and irrevocably agrees to be bound by any judgment rendered thereby. Notwithstanding the foregoing, we may bring an action for injunctive relief in any court of competent jurisdiction.
If any provision of these terms is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this agreement, which shall remain in full force and effect: “Payment,” “Intellectual Property,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub licensees.
LAST UPDATED: 17th May 2016