JUST-EAT PRIVACY POLICY
Just Eat Canada Inc. (“Just-Eat”, “we” or “us”) is committed to protecting the privacy of all visitors to http://just-eat.ca (the “Website”). Please read the following privacy policy (the “Privacy Policy”) which explains how we use and protect the Personal Information (defined below) that you provide us with. As an organization engaged in commercial activities, Just-Eat is committed to complying with the Personal Information Protection and Electronic Documents Act Canada.
By visiting and/or ordering services on the Website, you acknowledge and agree that you have read and understand this Privacy Policy, and consent to the collection, use and disclosure of your Personal Information under the terms of this Privacy Policy. In most cases, we will ask you to provide explicit consent if we collect, use or disclose your Personal Information, however sometimes your consent may be implied through your conduct with us.
1. INFORMATION THAT WE COLLECT FROM YOU
When you visit the Website or make a Just-Eat order through the Website, you may be asked to provide information about yourself including your name, contact details, credit or debit card information and/or other personally identifiable information (the “Personal Information”). Personal Information does not include business information such as a business address, business title, professional designation(s) or business telephone number. We may also collect information about your usage of the Website and Personal Information from the messages you post to the Website and the e-mails or letters you send to us. Collection of Personal Information will be limited to that which is necessary and/or as provided under this Privacy Policy and will be collected by fair and lawful means.
2. USE OF YOUR PERSONAL INFORMATION
2.1 Your Personal Information will enable us to provide you with access to the relevant parts of the Website, and to supply the services you have requested. It will also enable us to bill you and to contact you where necessary concerning our services. We will also use and analyse the Personal Information we collect so that we can administer, support, improve and develop our business.
2.2 We may use your Personal Information to contact you for your views on our services, and to notify you occasionally about important changes or developments to the Website or our services. If you have consented, 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, and we may contact you by telephone, SMS as well as by e-mail.
2.3 If you have consented, we may also share Personal Information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) to use your Personal Information in order to let you know about goods and services which may be of interest to you (by telephone, SMS and/or e-mail).
If you change your mind about being contacted in the future, please let us know by using the contact details set out in section 8 below and/or amending your profile accordingly.
Please note that by submitting comments and feedback regarding the Website and the services you consent to us including such comments and feedback 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.
3. DISCLOSURE OF YOUR PERSONAL INFORMATION
3.1 The Personal Information you provide to us will be held on our servers in Denmark and may be accessed by or given to our staff working outside of Canada and third parties including companies within the Just-Eat group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries) who act for us for the purposes set out in this Privacy Policy or for other purposes approved by you. Those parties process information, process credit card payments and provide support services for us. In addition, we may need to provide your Personal Information to any Quick Service Restaurants (“QSRs”) that you have placed your order with. In all such cases where we must provide your Personal Information to third parties in connection with providing to you the services described on the Website, we will work with such third parties to ensure that they will only collect, use and disclose your Personal Information to provide such services to you.
3.2 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 services that may be of interest to you. They may contact you by telephone, SMS 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 section 8 below and/or by amending your profile accordingly.
3.3 If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your Personal Information may be disclosed or transferred to the target company, our new business partners or owners.
3.4 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 any legal obligation; or in order to enforce our Website Terms and any other agreement we have with you; or to protect the rights of Just-Eat, QSRs or others. This includes exchanging Personal Information with other companies and other organisations for the purposes of fraud protection.
3.5 Countries outside of Canada do not always have strong personal information protection laws. However, we will always take steps to ensure that your Personal Information is used by third parties in accordance with this Privacy Policy.
4. COOKIES
Cookies are small amounts of information which we store on your computer. Unless you have told us you object, our system will issue cookies to your computer when you use the Website (whether you are a registered or non-registered user). Cookies make it easier for you to log on to and use the Website during future visits. They also allow us to monitor website traffic and to personalise the content of the Website for you. You may set up your computer to reject cookies but if you do that, you may not be able to use some features on the Website. Please note that our advertisers may also use cookies, over which we have no control.
5. SECURITY AND DATA RETENTION
5.1We take steps to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your Personal Information for a reasonable period or as long as the law requires.
5.2 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.
5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information or other data transmitted to the Website, and any transmission is at your own risk. Please also note that the Website contains links to third party websites, which are not governed by this Privacy Policy, and JUST-EAT is not responsible for the collection, use or disclosure of Personal Information by such third party websites.
ACCESSING AND UPDATING
You have the right to see the Personal Information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in section 8 below. We have the right to charge a fee of $20 CAD to meet our administrative costs in providing this information to you.
7. CHANGES TO OUR PRIVACY POLICY
Any changes to our Privacy Policy will be posted to the Website and, where appropriate, through e-mail notification.
8. CONTACT
All comments, queries and requests relating to our use of your Personal Information are welcomed and should be addressed to info@just-eat.ca.
JUST EAT CANADA INC. (“JUST-EAT”, “WE” OR “US”) WEBSITE TERMS OF USE (“WEBSITE TERMS”)
IMPORTANT LEGAL NOTICE
1. INTRODUCTION AND OUR ROLE
1.1 JUST-EAT Canada Inc. is a company registered in Ontario, Canada with registered company number 002206170, whose registered office is at 642 King St West, Suite 234, Toronto, Ontario, M5V 1M7.
1.2 JUST-EAT Canada provides a way for you to communicate your orders to quick service restaurants (“QSRs”) displayed on http://just-eat.ca (the “Website”), (the “Services”).Please see paragraph 10.2 below for a description of the legal relationship between you, JUST-EAT and the QSRs.
1.3 If your order is taking longer than expected or you have any other problems with your order you can contact our customer care team by clicking on the “Need help?” box and filling in the required fields or by contacting our customer care team by telephone on the number shown on this Website.One of our customer care advisers will contact the QSR in order to follow up on your order.
1.4 Customer care is extremely important to JUST-EAT, therefore, in the event that you are dissatisfied with the quality of food ordered through the Website, subject to paragraph 3.3 below, JUST-EAT will refund you an amount equivalent to the value of the order that you are unhappy with.Please note that any complaint must be lodged with our customer care team using the method described in paragraph 1.3 above within 48 hours of placing the order.JUST-EAT shall have complete discretion in deciding whether to refund orders.
1.5 You may access some areas of the Website without making a JUST-EAT order, and registering your details with us. Most areas of the Website are open to everyone.
1.7 These Website Terms are a binding agreement between you, as user of the JUST-EAT Services and the Website, (referred to herein as “you”) and JUST-EAT. By accessing any part of the Website, you acknowledge and agree that you accept these Website Terms. If you do not accept these Website Terms, you must leave the Website immediately.
1.8 JUST-EAT 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.
1.9 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.
2. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
2.1 Once you have selected your order from the menu of your chosen QSR you will be given the opportunity to submit your order by clicking on the “proceed” button.Please note it is important that you check the information that you enter and correct any errors before clicking on the “proceed” button since once you click on this button, input errors cannot be corrected.
2.2 If at any time prior to you clicking on the “proceed” button, you decide that you do not wish to proceed with your order, you should close the application window.
2.3 On receipt of your payment, JUST-EAT will begin processing your order and we will send you notification by email that payment has been received and that your order is being processed.
2.4 In the event that a payment you make is not authorised, you will be returned to the previous page on the Website and we shall not be obliged to provide the Services to you.
2.5 Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund, unless otherwise specified herein.
3. PRICE AND PAYMENT
3.1 Prices will be as quoted on the Website.These prices will have applicable taxes applied at checkout but may exclude delivery costs, which will be added to the total amount due (if you opt for delivery instead of collection), where applicable.
3.2 This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced.If the correct price for an order is higher than the price stated on the Website JUST-EAT will normally contact you before the order in question is dispatched. JUST-EAT is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
3.3 In the event that you lodge a complaint because you are dissatisfied with the quality of your order as described in paragraph 1.4 above, you must provide all evidence required by JUST-EAT to substantiate your claim.JUST-EAT shall have sole discretion in deciding whether a complaint lodged in accordance with paragraph 1.4 above warrants a refund.JUST-EAT shall only provide refunds in respect of claims that it considers (at its sole discretion) to be honest and genuine. 3.4Payment for all orders must be by credit or debit card as stated on the Website.
3.5 A discount may apply to your order if you use a promotional code recognised by the Website and endorsed by JUST-EAT.
4. LICENCE
4.1 Unless otherwise stated, the copyright and other intellectual property rights in the Website and in any and all material published on it (including without limitation photographs and graphical images) (collectively, the “Website Materials”) are owned by JUST-EAT or JUST-EAT’s QSR partners or other licensors.The Website Materials are protected by copyright laws, trade-marks laws, other intellectual property laws and treaties around the world and all rights therein are reserved. For the purposes of these Website Terms, any use of the Website Materials other than in accordance with this Section 4 is prohibited.
4.2 You are only permitted to print and download extracts from this Website for your own personal use in association with the Services, and on the following basis:
4.1.1 You shall not modify the digital or paper copies of the Website Materials that you print off and/or download in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
4.1.2 You shall ensure that the status of JUST-EAT and/or the applicable QSR as the authors of the Website Materials is always acknowledged.
4.3 Except as stated in paragraph 4.2, you shall not copy, reproduce, modify, republish, distribute, transmit, display, frame, download or sell the Website or the Website Materials in any form or by any means, in whole or in part, without JUST-EAT’s prior written consent.
4.4 You shall not use the Website or the Website Materials for commercial purposes without obtaining a specific licence from JUST-EAT to do so.
4.5 Except as stated in paragraph 4.2, no part of this Website may be reproduced or stored inor on any other website or included in any public or private electronic retrieval system or service without JUST-EAT’s prior written permission.
4.6 Any rights not expressly granted in these Website Terms are reserved.
5. SERVICE ACCESS
5.1 While JUST-EAT tries to ensure the Website is normally available twenty four (24) hours a day, JUST-EAT shall not be liable if the Website is unavailable at any time or for any period.
5.2 Access to the Website may be suspended temporarily and without notice.
5.3 Unfortunately, the transmission of information via the internet is not completely secure.Although JUST-EAT will take steps to protect your personal information and other information you transmit to us, JUST-EAT cannot guarantee the security of the data transmitted to the Website and any and all transmission of information is at your own risk.
6. VISITOR MATERIAL AND CONDUCT
6.1 Other than personally identifiable information, which is governed by the JUST-EAT Privacy Policy, any materials, comments, feedback or other content you transmit or post to the Website (the “Submissions”) will be considered non-confidential and non-proprietary. JUST-EAT will have no obligations with respect to the Submissions. By posting Submissions to the Website, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to the Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions to the Website. Furthermore, you hereby grant to JUST-EAT a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Submissions, in whole or in part, worldwide in all manner and media whether now known or later developed. If requested, you shall provide waivers in favor of JUST-EAT with respect to any and all moral rights in the Submissions held by any individuals who may be authors of such Submissions. JUST-EAT and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
6.2 You are prohibited from posting, uploading or transmitting to or from this Website any Submissions or other material that:
6.2.1 breach any applicable local, national or international law;
6.2.2 are unlawful or fraudulent;
6.2.3 amount to unauthorised advertising;
6.2.4 contain viruses or any other harmful programs;
6.2.5 contain any defamatory, obscene or offensive material;
6.2.6 promote violence or discrimination;
6.2.7 infringe the intellectual property rights of another person;
6.2.8 breach any legal duty owed to a third party (such as the creation of works for hire or a duty of confidence);
6.2.9 promote illegal activity or invade another’s privacy;
6.2.10 give the impression that they originate from us; or
6.2.11 could be used to impersonate another person or to misrepresent your affiliation with another person.
6.3 You may not misuse the Website (including by hacking).
6.4 The prohibited acts listed in paragraph 6.2 above are non-exhaustive.JUST-EAT in its sole discretion, reserves the right to review, edit and/or remove any Submissions. Notwithstanding the foregoing, you hereby agree to defend, indemnify and hold harmless JUST-EAT and 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 Submissions, and/or your breach any of the restrictions in paragraph 6.2.
6.5 JUST-EAT will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of these Website Terms.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites, including websites of our QSP partners, (the “Third Party Sites”) on the Website are provided solely for your convenience. If you use these links to Third Party Sites, you will leave this Website. JUST-EAT has not reviewed all of these Third Party Sites and does not control (and is not responsible for these Third Party Sites or their content or availability). JUST-EAT does not endorse or make any representation about the Third Party Sites, the material on them, and is not responsible for any results that arise from using the Third Party Sites. If you decide to access any of the Third Party Sites, you do so entirely at your own risk.
7.2 You may link to the Website homepage from a website owned by you, provided that you do so in a fair and legal way which does not damage JUST-EAT’s reputation or take advantage of it. JUST-EAT is not required to compensate you in any way for linking to the Website.
7.3 You must not establish a link to the Website from a website that is not owned by you or in a way that suggests a form of association with or endorsement by JUST-EAT where none exists.
7.4 The website from which you link to the Website must comply with the content standards set out in these Website Terms.
7.5 JUST-EAT has the right to withdraw the linking permission at any time and for any reason, in its sole discretion.
8. DISCLAIMER
8.1 While JUST-EAT tries to ensure that information on the Website is correct and current, we do not promise it is always accurate, current or complete. JUST-EAT may make changes to the material on the Website, or to the Services and prices described in it, at any time without notice. The material on this Website may be out of date, and JUST-EAT makes no commitment to update that material.In particular, we do not guarantee that the information provided by the QSRs and displayed on the Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
8.2 JUST-EAT provides you with access to the Website and the Services on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to the Website and the Services).
8.3 JUST-EAT does not warrant that the Website or any Website content will be uninterrupted or error-free, that defects will be corrected or that the Website or the web server hosting the Website will be free of viruses or other harmful components.
8.4 You are responsible for the security of your password that you used to register with the Website.Unless JUST-EAT negligently discloses your password to a third party, JUST-EAT will not be liable for any unauthorised transaction entered into using your name and password.
9. TERMINATION
9.1 JUST-EAT may terminate or suspend (at our absolute discretion) your right to use the Website and your use of the Services immediately by notifying you in writing (including by email) if:
9.1.1 JUST-EAT reasonably believes you have posted Submissions in breach of Section 6 (Visitor Material and Conduct);
9.1.2 JUST -EAT reasonably believes that you have breached paragraphs 7.2, 7.3 or 7.4 (Links to and from other websites); or
9.1.3 if you breach any of these Website Terms.
9.2 Upon termination or suspension of your right to use the Website, you must immediately destroy any downloaded or printed extracts from the Website.
10. LIABILITY AND INDEMNITY
10.1 JUST-EAT, and any of our affiliated companies and the officers, directors, employees, shareholders or agents of any of them, shall not be liable or responsible for any amount or kind of loss or damage that may result to you or a third party (including but not limited to any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable or if JUST-EAT is expressly advised of the possibility of such damage) in connection with the Services, the Website or in connection with the use, inability to use or the results of use of the Website, any Third Party Sites or the material on such Third Part Sites.
10.2 JUST-EAT takes full responsibility for the content of the Website and for the communication of orders to the QSRs as set out in these Website Terms.JUST -EAT’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable efforts to resolve any problems or concerns arising from the submission of your orders to QSRs via the Website including the processing of all credit or debit card refunds and chargebacks where appropriate.However, please note that the legal contract for the supply and purchase of food and beverages is between you and the QSR that you place your order with and not with JUST-EAT. Any warranties or undertakings with respect to food and beverage quality or delivery times shall be provided to you directly by the applicable QSR.JUST-EAT cannot give any undertaking that the food and beverages ordered from QSRs through the Website will be of satisfactory quality and any such warranties are disclaimed by JUST-EAT.Neither can JUST-EAT give an undertaking that the estimated delivery and collection times stated on the Website are accurate.These disclaimers do not affect your statutory rights against the QSRs.
10.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from JUST-EAT's negligence, nor JUST-EAT's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.Nothing in the Website Terms affects your statutory rights.
10.4 With the exception of any liability referred to in paragraph 10.3 above, JUST-EAT’s total liability to you in relation to your use of the Website and the Services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or CDN $100.00, whichever is the lower.
10.5 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall assume all associated costs.
10.6 You agree to defend, indemnify and hold harmless JUST-EAT, 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. JUST-EAT reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject toindemnification by you hereunder, and you shall cooperate as fully as reasonably required by JUST-EAT.
11.GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with the laws of the
Province of
Ontario and the federal laws of
Canada applicable therein. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of
Ontario.
12. ADDITIONAL TERMS
12.1 We are committed to protecting your privacy and security. All personal information that we collect from you will be processed in accordance with our Privacy Policy.You should review our Privacy Policy, which is hereby incorporated into these Website Terms and is available here.
12.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will continue to apply.
12.3 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.
12.4 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 business that we enter into a joint venture with, purchase or are sold to.
12.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.