Terms of Service
MerrittEats Restaurant Services Inc.
The MerrittEats service allows users to place orders for food delivery and take out from restaurants in select cities as identified on the Website (the “Service”). You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, MerrittEats does not prepare the food or provide delivery services directly and it will not be liable for the actions or omissions of any third-party independent courier contractors or restaurants that provide services through the Service including without limitation for any issues related to food quality or timely delivery.
Once you submit an Order and your payment has been authorized (cash, credit card, or debit card), your Order will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate.
When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and MerrittEats offers no guarantee by this time. MerrittEats is not responsible for any delays in receiving your Order for any reason.
Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not MerrittEats, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. MerrittEats does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will MerrittEats be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
In using the Website, App and/or Service You shall not:
You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
You represent and warrant that (i) you are not located in a country that is subject to a Canada or U.S. Government embargo, or that has been designated by the Canada or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Canada or U.S. Government list of prohibited or restricted parties.
If You provide MerrittEats with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("Feedback"), MerrittEats may use such Feedback in the Website, App, Service and/or in any other MerrittEats products or services (collectively, "MerrittEats Offerings"). Accordingly, You agree that: (a) MerrittEats is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MerrittEats, (c) MerrittEats (including all of its successors and assigns and any successors and assigns of any of the MerrittEats Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MerrittEats Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that MerrittEats shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
As a MerrittEats account holder, you are entitled to voluntarily participate in the MerrittEats Refer a Friend Program. A unique alphanumeric code is assigned to your MerrittEats account, referred to as your personalized referral code (“Referral Code”). You can earn MerrittEats credit by inviting your friends with your Referral Code. You will earn the referral credit once your friend (“Referred User”) has completed an eligible order on MerrittEats (which the terms of an eligible order may change at any time at MerrittEats’ sole discretion). The referral credit will be applied automatically against your food/beverage total on your next MerrittEats order, up to and including the food/beverage total before taxes, tip, and delivery fee. If any credit happens to remain after being applied to the order, that credit will remain on your account. MerrittEats referral credits are subject to expiration and must be used within the timeframe, if stated. The amount of referral credits earned and redeemed are subject to change at any time at MerrittEats’ sole discretion. By participating in the Refer a Friend Program, you specifically agree to accept and consent to receiving email or text communications from MerrittEats, which may include notification emails or informational emails of promotions or features that we offer. You will always have the right to unsubscribe to any of our mailings.
This personalized referral code should only be used for personal and non-commercial purposes. You may share your code with your personal connections via social media, email, or word of mouth, where you are the primary content owner. In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites, affiliate websites, discussion forums, etc.), public distribution is not allowed. Promoting or advertising your personalized referral code via Search Engine Marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not allowed to misrepresent your relationship with MerrittEats or the Service to any third parties, and you will not make any warranty or representation on behalf of MerrittEats. You are not allowed to refer yourself or members of your household for the purposes of earning referral credit.
MerrittEats reserves the right, at its sole discretion, to deactivate your account(s) and revoke the referral credits of any Account Holder it finds or believes to be earning or using referral credits against these Terms and/or manipulating or abusing these Terms.
MerrittEats reserves the right at its full discretion to modify, delete, or add to these Terms at any time without prior notice. The MerrittEats Refer a Friend Program may be suspended, modified, or withdrawn at any time without notice.
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by MerrittEats. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by MerrittEats of that third party, third party product or service. MerrittEats is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that MerrittEats endorses or accepts any responsibility for the content or use of such websites, and You hereby release MerrittEats from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
MerrittEats may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. MerrittEats may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally unsecure and MerrittEats cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. MerrittEats will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@MerrittEats.com.
Effective Date: January 31, 2017