Effective August 21, 2016 (last modified: September 12, 2017)
Welcome to UEAT!
Thanks for using our solutions to place your order. Our goal is to make your purchasing experience easy, efficient and fair so your access to online restaurant ordering is as quick as possible. We also offer self-order kiosk solutions in restaurants. The following is designed to ensure your satisfaction and understanding of the purchasing process on sites and applications which use UEAT products and services, hereinafter referred to as (“Solutions”).
Who do you buy from?
UEAT acts as an intermediary for restaurant owners (seller) who use our ordering Solutions, hereinafter referred to as (“Establishments”). When you purchase an item or food from an Establishment located in the United States, Canada or Europe, UEAT manages the online order directly on the Establishment’s website. Your order passes through the UEAT online ordering solution that collects payment on behalf of the Establishment via a secure payment platform. Each Establishment has its own merchant account and provides returns and refunds in accordance with their own policies, terms and conditions of sale.
All prices for items offered by Establishments located in the United States are displayed in US dollars. All prices for items offered by Establishments located in Canada are displayed in Canadian dollars. All prices of items offered by Establishments located in the European territory are displayed in Euro with the exception of items offered by Establishments located in the United Kingdom which are displayed in Pound.
We accept several payment methods to meet your needs. If the Establishment from which you order is located in Canada, the United States or Europe, UEAT accepts Visa and MasterCard.
Prices and availability
Establishments that use our Solutions to sell items and food are responsible for setting prices, which means that we do not set the price of items and food, nor do we determine or assume in any way the delivery method such as take out, home delivery, table and / or in-room dining, or self-orders on a kiosk. In addition, we do not manage the inventory of the Establishments. Therefore, we do not guarantee in any way that the items and food you order on the Establishment’s website via the UEAT online ordering tool are available when you make the purchase.
Confirmation of orders
If you do not receive a confirmation number (in the form of a confirmation page and / or email and / or text message) after submitting the payment information, or if you receive a confirmation message error or if you suffer a break in service after having submitted the payment information, it is your responsibility to confirm whether your order has been placed or not via UEAT or the Establishment’s customer service department. Only you may be aware of issues that may have occurred during the purchase process. We will not be responsible for any loss (monetary or otherwise) or any delay in the delivery of your order, if you assume that an order has been placed because you have not received a confirmation.
Application fees and order processing fees
Items and food purchased on the Establishment’s website using the Solutions developed by UEAT are generally subject to an Application fee per order and / or a non-refundable UEAT order processing fee for each order made through our Solutions. In many cases, delivery charges charged by the Establishment or a third party will also be due. In all cases, if you do not wish to pay the Application fee per order and / or the non-refundable order processing fee for each order, you may place your order by phone directly with the Establishment.
Billing information verification
All orders are subject to credit card approval and verification of the cardholder’s name, billing postcode, and card verification number, also known as the Cardholder Verification Value (CVV). Some of our Establishments also use the VBV (Verified by Visa) and / or MSC (MasterCard Secure Code) system to prevent and limit fraud. We sometimes receive incorrect information about the credit card holder, billing postcode, CVV or VBV / MSC. This will block your transaction and prevent the processing and delivery of your order. The Establishment will not receive an error message or notification to the effect that your order has been refused as UEAT will not be able to proceed to your order. An error message notifying you that the process has not been completed will be displayed and you will not receive a confirmation email for your order.
Different combinations of delivery methods may be offered by an Establishment, depending on factors including the place from which you place your order or your geolocation to the Establishment. However, it is important to note that UEAT does not make deliveries and does not assume any delay or delivery conditions. UEAT displays the options offered by the Establishment according to the information that you make available through your browser and / or your mobile device to enable you to choose among the options offered by the Establishment.
Here are some of the options generally offered by Establishments that use UEAT’s online ordering Solutions: Take-Out Order, Home Delivery, Table Order or Room Order.
** IMPORTANT ** To pick up your take-out or delivery order you will need to present your credit card that was used for payment and a photo ID. These IDs are essential to receive your order. Restaurants reserve the right to not give orders to anyone who does not have these items.
For any additional information regarding our Purchasing Policies, please contact us at the following address:
UEAT (UEAT Technologies Inc.)
7649 boulevard Wilfrid-Hamel
Quebec (Quebec) G2G 1C3, Canada
Attention: Customer Service
© 2017 UEAT, all rights reserved.
This policy describes how we process the personal information that we collect online and offline. This includes information from our websites or our applications, including self-order kiosks. It also includes information collected during POS interactions of restaurants that use UEAT Solutions on web, phone, email and / or our self-order kiosks directly at the point of sale.
Please read this policy carefully. By providing us with information or using our web applications on the website of the partner restaurants and / or self-order kiosks directly to the points of sale of the said Establishments, you accept the terms of this policy.
We collect information from you and about you.
We collect your contact details. We can collect your name and your address. We may also collect your phone number or email address.
We collect payment and billing information. We collect your credit card and postcode when you buy a product in an Establishment that uses our Solutions.
We collect the information you post. We collect information that you post in a public space on the Establishments’ website that you consult or on a third party social media site.
We collect demographic information. We collect information about the Establishments you visit, the products you consult and the ones you buy.
We collect other information. If you use an Establishment website that uses one of our Solutions we can collect information about the browser that you use, the site you came from and the site you visited when you left the page. We can collect your GPS location or the unique identifier of your device. We could also collect the type of mobile device you are using, or the version of your computer’s operating system or of a current device being used. We could examine the frequency with which you use the application and the transactions that you make with it.
We collect information in different ways.
We collect information directly from you. For example, if you sign up for a promotion or if you are completing a transaction on a website that uses one of our Solutions. We also collect information if you post a comment on our websites or if you ask us a question.
We carry out a passive collection of your information. We use tracking tools, such as browser cookies and web tags.
We use common tracking technologies. We or our suppliers use many of these common tracking tools. They can include the browser’s witnesses. Web tags and other similar technologies can also be used
We use these tools:
- To recognize new or old customers.
- To store your password, if you are registered on our sites.
- To improve our website.
- To present you with advertising content which, we believe, could interest you. To do so, we or our business partners can observe your behavior over time, on this website and on third-party websites. We can also collect information about the history of your navigation.
- To better understand the interests of our customers and visitors.
You can control cookies and tracking tools.
Your browser gives you the ability to control cookies. How to proceed depends on the type of cookies. Some browsers can be configured to reject browser cookies. To control Flash cookies, which we can sometimes use on some websites, you can go here. Why? Because Flash cookies can not be controlled by your browser settings. If you block cookies on your browser, some features of our sites may not work.
Some advertisements may be presented based on tracking.
We could work with online advertising companies to introduce you to relevant and useful advertisements. This may include advertisements presented on our own websites or our applications. This may also include our advertisements presented on the websites of other companies. These advertisements may be based on information collected by us or third parties (for example, when you register on a site). These advertisements may also be based on your activities on our websites or on third party sites. This second type of advertising is called “online behavioral advertising.”
You can refuse behavioral advertising online. To reject behavioral advertising online, send us an email at email@example.com.
We obtain information about you from third parties. For example, if you use an integrated Google and social media feature (Facebook, Twitter, LinkedIn, etc.) on our websites or mobile apps. The third-party Google and social media site will give us some information about you. This could include your name and your email address. Your activities on our sites and our applications can be displayed on social media platforms.
We use information to respond to your inquiries or questions. For example, we could use your information to confirm your order to an Establishment or to register for a contest.
We use the information to improve our products and services. We can use your information to personalize your experience with us. This could include display content and / or offer you promotions based on your preferences.
We use information to examine application trends and interests of the client. We may use your information to improve our web solutions and our products. We can combine the information we get from you with the information about you that we receive from third parties.
We use information for security purposes. We can use the information to protect our company, our customers, our partners or our websites.
We use information for marketing purposes. For example, we could send information about promotions or special offers from Establishments that use our Solutions. We could also share about new features or new products. It may be our own offers or our products, or offers or products from third parties that we think you could find interesting. Or, for example, if you buy products through the website of our partner Establishment, we will subscribe you to our newsletter depending on your preferences. We can use Direct Push and your geographical information on our mobile apps to send you alerts about local promotions. To learn more about your choices regarding these communications, please read the section about the choices below.
We use the information to send you transactional communications. For example, we may send you emails to your email account or via different social media platforms. We could also contact you about this policy or our web solution.
We use the information as it is otherwise permitted by law.
We may disclose information to third parties. This may include our distributors such as LBMC Group Inc.. and RestoScope Inc., as well as our partners Nummax, Group Camada Inc., and others.
We will communicate information within the companies of our group. This may include our subsidiaries, sister companies, such as Cyprex (7330464 Canada Ltd.) and services that are owned or operated by UEAT.
We will share information with third parties which provide services in our name. For example, we communicate information with suppliers who help us to deliver orders or Establishments that prepare your orders. Some suppliers may be located outside of Europe, the United States or Canada.
We will share information with our business partners. This includes a third party that provides an Establishment, or operates an Establishment for which we offer the online order. Our partners use the information we give them as described in their privacy policies. You should read these policies to know how they treat your information.
We are likely to share information if we think we need to in order to comply with the law or to protect us. For example, we will share information to respond to a court order or summons. We can also communicate them if a government agency or an investigative agency required us to. Or, we could also share information if we are to investigate potential fraud. This could include fraud that we suspect in a random draw or promotion.
We are likely to share information with any successor to a party or our entire company. For example, if part of our business is sold, we could hand over our customer list as part of this transaction.
We may share your information for reasons that are not described in this policy. We will tell you before doing so.
You have some choices.
You may refuse to receive our marketing emails. To stop receiving these promotional emails, you can unsubscribe by following the instructions contained in the promotional message we send you. Your device settings should provide guidance on how to disable the Direct Push notice. A delay of ten days may be required to process your request. Do not worry! Even if you unsubscribe from marketing messages, we will always send you the transactional messages. For example, we can always contact you about your orders.
You can change the information you have sent us. To correct or delete the information or update the settings of an account, log in to your account and follow the instructions. We make the changes as soon as we can. This information can remain in our backup files. If we can not make the changes you want, we’ll let you know and explain to you why. If you contact us to request access to your information, we will reply within 30 days.
You can control the tools on your mobile devices. For example, you can turn off the GPS locator or Direct Push on your phone. Each Direct Push provides a link to unsubscribe.
These websites and apps are not for children. Our sites and applications are designed for adults. We do not knowingly collect personally identifiable information about children under 13 years old. If you are a parent or legal guardian and think that your child under 13 has provided us with information, you can send us an email. You can also write to us at the address indicated at the end of this policy.
We use standard security measures.
We have security measures in place to protect your information. The standard security measures we use will depend on the type of information collected. However, the Internet is not 100% secure. We can not promise you that your use of our Solutions will be completely safe. We encourage you to be cautious when using the Internet. This includes not sharing your
passwords. If you think that the use of an unauthorized account has been created using
your name, contact us at the address below.
We keep your information only as long as necessary. This includes the time required to complete a transaction, or perform the procedures described in this policy.
We store information both inside and outside Canada and United States.
If you live outside the United States, you understand and agree that we can transfer your information to the United States. This site is subject to US laws, which may not offer a level of protection equivalent to your country’s.
UEAT complies with US and EU security framework rule statement by the US Department of Commerce regarding collection, use and retention of personal information from the European Union. UEAT adheres to the principles set out by Safe Harbor as well as to decisions, transmissions, data security and integrity, access and enforcement of the law. To learn more about the Safe Harbor program, please visit http: //www.export.gov/safeharbor.
We may establish links to third party sites or services that we do not control.
Do not hesitate to contact us for more information.
If you have questions about this policy or if you have other concerns regarding the protection of personal information, you can send us an email at firstname.lastname@example.org. Please do not include in your email your credit card number or other important information. You can also write to us at:
UEAT (UEAT Technologies Inc.)
7649 boulevard Wilfrid-Hamel
Quebec (Quebec) G2G 1C3, Canada
Attention: Privacy Officer, Legal Services
What will be done in the event of an update of this policy.
From time to time, we may change our privacy practices. We inform you of any substantial changes to this policy as it is required by law. We will also post an updated copy on our website.
Check our site regularly for updates.
© 2017 UEAT, all rights reserved
We may make changes to these Terms at any time. The changes we will make will be effective immediately when we post a revised version of these Terms in our Solutions. The date of the “last update” above tells you when these Terms have been last revised. By continuing to use these Solutions after this date, you agree to the changes.
The Solutions are not intended for children under 13, and no one under the age of 13 can use the Solutions. We strongly encourage all parents and guardians to monitor the use of the Internet by their children. If you use the Solutions, you claim that you are at least 13 years old.
Registration and / or account creation
You can browse the Solutions and make transactions without creating an account. You will be required to register and / or create an account to use certain features, such as the ability to reorder a product or food from a previous order. The username of your account is your email address. It must not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your username and password are personal. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your online or offline account. You can not transfer or sell access to your account or use someone else’s email address. We will not be liable for any damages related to the disclosure of your password or the use by another person of your username or password. You can not use another user account without the user’s permission. You must notify us immediately in writing if you discover an unauthorized use of your account or a security breach of any other account. We may ask you to change your username and / or password if we believe your account is no longer secure or if we receive a complaint that your username violates the rights of another person. You will not have any ownership of your account or your username. We reserve the right to refuse registration, cancel an account or deny access to the Solutions for any reason.
Code of conduct
You agree to abide by all applicable laws, rules and regulations, and agree that you are not authorized to:
- Restrict access or prevent others from using the Solutions;
- Use the Solutions for illegal purposes;
- Express or suggest that any of your statements are approved by us without our prior written consent;
- Impersonate any person or entity, real or fictional, including any employee or representative of our company;
- Present (a) any content or information that is unlawful, fraudulent, defamatory, or otherwise objectionable, or infringe on the intellectual property of Solutions or a third party; (b) any confidential information about companies without authorization; or (c) any advertising, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communications;
- Submit, or provide links to, publications that contain material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, obscene, violent, abusive, vulgar, insulting, threatening, harassing, hateful or otherwise objectionable, including images or appearances of individuals under the age of 18, as well as material that encourages or otherwise idealizes drug use (including alcohol and cigarettes), considers violence as something acceptable, prestigious or desirable, or contains contact information or other personal information to identify third parties;
- Submit, or provide links to, publications that contain material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, sex, age or disability;
- Spread spam or participate in hacking activities;
- Collect information about the users of the Solutions;
- Use a password or a participation code in a presale or other offer on the Solutions if you have not received the password or code or if you do not comply with the terms of the offer.
Content Ownership and Conditional Granting Licensing
Solutions and all data, text, drawings and models, pages, screenshots, images, illustrations, photographs, audio and video clips, and HTML code, source or software code that is present or visible or otherwise detectable on the Solutions (collectively, the “Content”) is our property or that of our Establishments and / or licensors. We have a copyright on the Solutions and its Content. We may change the Content and functionality of the Solutions at any time. We grant Establishments, with an Application Fee on each order or a monthly payment for the self-order kiosks, a limited and conditional, non-exclusive, non-transferable license that can not be licensed for sale for the use of Solutions and their Content, as permitted by these Terms for business purposes only. In addition, we grant you the right to use our Solutions if, as a precondition, you agree not to:
- Submit any software or Content that contains viruses, worms, Trojan, malfunctions, a time-sensitive virus mechanism or any other elements of a destructive nature;
- Manipulate identifiers, by forging headers, to conceal the origin of any publication you submit;
- Link to any part of the Solutions other than the URL assigned to the homepage of the websites of the Establishments using the Solutions;
- Create a mirror image of any part of Solutions and websites using the Solutions;
- Modify, adapt, license, translate, sell, make reverse engineering, decompile or disassemble all or any part of the Solutions or make other attempts to derive the source code or ideas from them or algorithms from any part of the Solutions;
- Remove any copyright, trademark or other proprietary rights contained on the Solutions;
- Use a robot, an offline reader, an application or a Solutions search engine or other manual or automatic devices, a tool or a process to recover, index, explore data or in any way reproduce or bypass the structure of Solution navigation or presentation or its contents, including with regard to any captcha test posted on the Solutions. Public search engine operators may use robots to copy the contents of the Solutions for the sole purpose of, and only to the extent necessary to create a publicly available index, but may not explore caches or archives of such content. We may terminate this provision at any time;
- Use any automated software or computer system to search, purchase or otherwise obtain products or food, promotional codes, vouchers, gift cards or other items available on the Solutions, including sending information from your computer to another computer on which such software or system is active;
- Adopt any measure that imposes or may impose (in our sole discretion) an unreasonable or disproportionate burden on our infrastructure;
- Accessing, reloading or refreshing transactional events or Solutions pages, or making other requests to transactional servers more than once in any three-second interval;
- Request more than 1,000 pages of Solutions in any 24-hour period, alone or with a group of individuals;
- Request more than 50 orders from Solutions during any 24-hour period, alone or with a group of individuals;
- Reproduce, modify, display, publicly display, distribute or create derivative works of the Solutions or its contents;
- Use the Solutions or its content, or use devices, programs or services to circumvent any technical measure that effectively controls the access or rights of the Solutions and / or the Content in any way, including, but not limited to, manual or automatic devices or processes for any purpose.
This right is expressly granted under the terms of your pre-existing agreement to comply with each provision described in the Content Property and the Conditional License Granting section. This right can only exist to the extent that you strictly adhere to each of the provisions described in this section. Any use of the Solutions or Content by you or any person acting on your behalf that does not strictly comply with all the provisions of this section goes beyond the scope of this right granted to you in this document, and constitutes unauthorized reproduction, posting, or creation of unauthorized derivative products of the Solutions and its Content, and infringes on our copyrights and other rights derived from the Solutions and its Content. You do not acquire any right of ownership by using the Solutions or its Content.
The registered and unregistered trademarks, logos and service marks displayed on the Solutions are our property or the property of our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission. You can inquire about obtaining an authorization by writing to email@example.com:
UEAT (UEAT Technologies Inc.)
7649 Boulevard Wilfrid-HamelQuebec (Quebec), G2G 1C3, Canada
Attention: Trademark Department, Legal
Forums and User Content
We can organize user reviews, forums, blogs, social media feeds and other forums found on websites that use the Solutions (collectively called “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, drawings, or other materials on the Forums or other areas of the Solutions (hereinafter referred to as “User Content”).
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old, and you have obtained the express consent of your parent or legal guardian before submitting the User Content.
You hold all rights in your User Content. If you present User Content on the Solutions, you grant us a worldwide royalty-free, non-exclusive, transferable right, and a license to use, reproduce, modify, create derivative works, distribute, publicly perform and display, archive and market your User Content, in our sole discretion, in all formats and media channels known now or to be discovered thereafter without offering any compensation or acknowledgment to anyone. This license does not affect the ownership of your User Content, including the right to grant further licenses of your User Content, unless it conflicts with these Terms. We are not required to post, display or otherwise use the User Content, or to specify the source of your User Content. You will not make or allow any claim against us, stating that our use of your User Content violates any of your rights.
Statements, opinions and comments posted by Forum participants may be inaccurate, offensive, obscene, threatening or unwelcome. We do not approve and we are not responsible for these publications. We will not be liable for any loss or damage caused by publication or reliance upon this information obtained through publications.
You will be responsible for your User Content and the consequences of publishing it. By submitting User Content, you can confirm to us that (i) you own, or have the necessary permission to display the User Content and License under this section, and (ii) you have the written permission of each person identifiable in the User Content to use the person’s name and likeness in the manner provided by the Solutions and these Terms or, if the person is a minor, the written authorization of the parent or legal guardian of the minor person.
We have the right (but not the obligation) to monitor Solutions, Forums and User Content, and to disclose any User Content and the circumstances surrounding its presentation, in order to operate the Solutions properly or to protect our assets, our Partner institutions and our users, or to comply with their legal obligations or governmental requests.
If we are informed that your User Content does not comply with these conditions, we may investigate the allegation and decide to delete your User Content and cancel your account if necessary.
Claims for Copyright Infringement on Solutions
If you believe in good faith that some of the content of the Solutions violates your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your actual or electronic signature, or that of your agent; b) the identification of the copyrighted work on our Solutions whose rights have been infringed (or a representative list if several copyright works are included in a notice); (c) the identification of content whose rights have been infringed or which would be subject to counterfeiting, including information reasonably sufficient to allow us to locate the content on the Solutions; (d) your name, address, telephone number and email address (if available); (e) a statement in which you have a good faith belief that use of the content as described in the complaint is not authorized by you or your agent or the law; and (f) a statement that the information in the Notice is accurate and, under penalty of perjury, that you or your agent are authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been improperly filed against you, you may send us a counter-notice.
Notices and counter-notices should be sent to the Copyright Officer, UEAT, 7649 Boulevard Wilfrid-Hamel, Quebec, Quebec G2G 1C3, Canada. We suggest that you consult your legal advisor before filing a notice or counter-notice.
We cannot prohibit minors from viewing content available through our Solutions, and they must rely on their parents and guardians to decide what content is appropriate to display and purchase. There are parental control protections (such as computer hardware and software or filtering services) that can help you limit access to content that is detrimental to minors. You will find information on Parental Controls at http://getnetwise.org. We do not recommend any of the specific products or services listed in our Solutions.
Access from outside Canada, the United States and Europe
The Solutions are for people in Canada, the United States and Europe. We can not guarantee that the content available on or offered through the Solutions is appropriate or available in other locations. We may limit the availability of Solutions or any product or service described in the Solutions at any time to any person or geographic area. If you choose to access Solutions outside Canada, the United States or Europe, you do so at your own risk.
Rules for lucky draws, contests and games
In addition to these Terms, lotteries, contests, games or other promotions (collectively referred to as “Promotions”) submitted through the sites using the Solutions may have rules that are different from these Terms. By participating in a promotion, you must respect these rules. We invite you to review the rules before participating in a promotion. Promotion rules will govern any potential conflict with these Terms.
Rates for messages and data may apply, depending on your rate plan provided by your wireless carrier. We are not responsible for any charges related to text messaging or other wireless communications incurred by you or anyone who has access to your wireless device or phone number. You may not receive our alerts if your operator does not allow text alert messages. Your carrier may not allow you to use prepaid phone plans or other calling plans to receive alerts. We can send you an automated message for each message you send us. This service may not be compatible with all wireless operators or devices.
Violation of these conditions
We may investigate any breach of these terms, including the unauthorized use of the Solutions. We can adopt the legal measures we deem appropriate. You agree that monetary damages may not be sufficient relief and that we may resort to injunctive relief or any other remedy for breach of these conditions. If we determine that you have violated these Terms or the Law, or for any other reason or for no reason, we are entitled to cancel your account, delete all of your User Content and prevent you from accessing these Solutions at any time, without notice. If this happens, you can no longer use the Solutions or any content belonging to it. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for the termination of your access to the Solutions or your account or any related information, and that it is no longer necessary to make the Solutions available to you or your account or any related information. We can also cancel any order of items, and ordered goods. We reserve the right to refuse to honor pending and future purchases made from any accounts that we believe may be associated with you, or cancel an order associated with any person who, in our opinion, acts on your behalf, or exercise any other remedy that the law allows us.
Disclaimer of Warranties
WE PROVIDE THE SOLUTIONS AND ITS CONTENT FOR YOU “AS IS” AND “AS AVAILABLE.” WE TRY TO KEEP SOLUTIONS IN PLACE, ERROR-FREE AND SAFE, BUT USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, APPROPRIATENESS FOR A PARTICULAR PURPOSE, OR WARRANTIES WHICH MAY OCCUR IN TRANSACTIONS OR COMMERCIAL USE. WE DO NOT WARRANT THAT SOLUTIONS ARE ALWAYS SAFE OR ERROR FREE OR THAT THE SOLUTIONS WILL ALWAYS BE IN FUNCTION WITHOUT INTERRUPTION, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU EXEMPT US FROM ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED IN ANY WAY, TO ANY CLAIMS YOU HAVE AGAINST THESE THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A PERSON RESIDING IN CALIFORNIA, YOU WAIVE ARTICLE 1542 OF THE CALIFORNIA CIVIL CODE WHICH STIPULATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Limitation of liability
IN NO EVENT SHALL OUR COMPANY OR PARTNER INSTITUTIONS, ADVERTISERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY, AND THEREFORE YOU SHALL GIVE UP AND EXPRESSLY WAIVE ALL YOUR MORAL RIGHTS AND RIGHTS TO ASK FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN RESULT OF ANY TYPE OTHER THAN REASONABLE DISBURSEMENTS, AND ALL RIGHTS TO DAMAGES AND RIGHTS, TO MULTIPLY OR INCREASE DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE SOLUTIONS, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED ON THE SOLUTIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND INDEPENDENTLY ASK WHETHER THE CLAIM IS BASED ON CONTRACT, INJURY OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY TO (a) BREACH ANY OTHER USER OF THE SOLUTIONS IN ORDER TO COMPLY WITH CODES OF CONDUCT; (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, WHETHER CONTRACTUAL OR DELIBERATE, RESULTING FROM THE USE OF OUR SOLUTIONS; (c) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND / OR ANY PARTY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION THAT IS SAVED; (d) ALL BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DELAYED VIRAL DEVICES OR OTHER DESTRUCTIVE ELEMENTS THAT MAY BE TRANSMITTED TO OUR SOLUTIONS OR ITS INTERMEDIARY; (e) ANY ERRORS, VAGUENESS, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR; (f) ALL LOST, STOLEN OR DAMAGED PRODUCTS, OR THE FAILURE OF ANY MEDIA TO DELIVER A PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY FOR EXPRESSING YOUR DISCONTENT WITH SOLUTIONS IS TO STOP USING THE SOLUTIONS. THE LIMITATIONS OF THIS SECTION APPLY EVEN IF THE ESSENTIAL PURPOSE OF ANY REMEDY FAILED. AN ESSENTIAL ELEMENT OF THE BASIS OF THE MARKET CONCLUDED BETWEEN US IS BASED ON THE DISTRIBUTION OF RISK BETWEEN US. THE TOTAL AMOUNT OF LIABILITY ARISING FROM THESE TERMS OR FROM THE USE OF THE SOLUTIONS CAN NOT EXCEED MORE THAN ONE HUNDRED (100) DOLLARS OR THE AMOUNT YOU PAID US DURING THE LAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL LAWYERS’ FEES BE CHARGED OR RECOVERABLE.
If anyone makes a claim against us related to your use of the Solutions, your User Content or a breach of these Terms, you agree to defend and indemnify our business and our affiliates, partner institutions, advertisers and suppliers, and each of our agents, distributors, directors, employees and managers, against all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive defense and control of any claim, and you agree to cooperate fully with us to enforce any available defense.
Disputes, including compulsory arbitration and waiver of class action.
Any dispute or claim related in any way to your use of the Solutions, or to products or services sold or distributed by or through us, will be resolved through binding arbitration rather than in court, with the following exceptions:
- You can bring claims to the Small Claims Court if your claims apply;
- If a claim involves the Condition of license granted to you, as described in the Content Ownership and Conditional Granting Licensing section above, either of us may bring a legal action in a court of competent jurisdiction in the district of Québec, the district in which the parties will elect domicile in accordance with the provisions of article 83 of the Civil Code of Québec. Both parties hereby submit to the jurisdiction of these courts; and
- In the event that the arbitration agreement of these Terms is, for any reason, deemed to be unenforceable, any litigation against us (other than actions in the Small Claims Court) shall be commenced in a court of competent jurisdiction in the district of Québec, district in which the parties will elect domicile in accordance with the provisions of article 83 of the Civil Code of Québec. Both parties hereby submit to the jurisdiction of these courts.
The arbitration agreement of these Terms is governed by the laws of the Province of Quebec, District of Quebec, Canada, including its procedural provisions. The Agreement is intended to be interpreted in its entirety and remains in effect after the termination of these Terms. The arbitrator, and not a federal court or agency, or a Province or State, retains the exclusive authority, to the extent permitted by law, to resolve all disputes arising or relating to the interpretation, the enforceability, or formation of this Agreement including, but not limited to, any allegation that all or any part of this Agreement is invalid or may be void. There is no judge or jury in the arbitration, and the review by a court of an arbitral award is limited. However, the arbitrator may grant the same damages and remedies as a court (including an injunction and declaratory judgment or statutory damages) on an individual basis, and he or she must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your application to: UEAT Technologies Inc., 7649 Wilfrid-Hamel Boulevard, Quebec, Quebec G2G 1C3, Canada Attention: Legal Service.
Each of us agrees that the arbitrator can not group more than one claim, and cannot otherwise preside over any form of class action, and that any dispute settlement proceeding will be conducted solely on an individual basis and not in the form of a class action or action on behalf of an association.
You agree to waive any right to a jury trial or to participate in a class action. If this specific provision proves inapplicable, then the entire arbitration section will be null and void, and neither party will have the right to arbitrate the dispute.
You agree that these Terms govern the evidence that involves trade between different states and provinces and that the action be construed in accordance with the laws of the Province of Quebec, District of Quebec, Canada, to the extent practicable.
If you have any questions, comments or complaints about these Terms or our Solutions, please contact us at:
UEAT (UEAT Technologies Inc.)
7649 Boulevard Wilfrid-Hamel,
Quebec, QC G2G 1C3, Canada
© 2017 UEAT, all rights reserved.