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Last Updated: July 15, 2019
iQ Business Suite & Just Yummee PLATFORM (Owned by JETTYSOFT LTD) TERMS OF SERVICE AND PRIVACY POLICY.
Term JETTYSOFT LTD is referred as iQ Business Suite or Just Yummee in this Agreement.
This Agreement is between JettySoft LTD and JettySoft LTD customers to use all/partial products of JettySoft LTD
This Agreement states “JettySoft LTD” which refers to (iQ Business Suite & JettySoft LTD Platform)
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE JETTYSOFT LTD ENTITY (AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF JETTYSOFT LTD WEBSITE LOCATED AT WWW.JETTYSOFT.COM, WWW.IQBIZSUITE.COM, WWW.JUSTYUMMEE.COM, AND ANY SUBDOMAINS OR SUB-MOBILE APPS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS JETTYSOFT LTD MOBILE APPLICATIONS (THE “JETTYSOFT LTD PLATFORM”)(TOGETHER THE JETTYSOFT LTD PLATFORM AND THE WEBSITE CONSTITUTE THE “JETTYSOFT LTD PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE JETTYSOFT LTD PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS OR PROVIDERS OF COURIER SERVICES TO OTHER USERS OF THE /OR JETTYSOFT LTD PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES OR USING FEATURES THROUGH THE IQ BUSINES SUITE / JETTYSOFT LTD PLATFORM, USERS WHO DOWNLOAD OR USING THE JETTYSOFT LTD PLATFORM AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE OR OTHER APPLICATIONS INTERFCAES. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS OR USE JETTYSOFT LTD PRODUCTS THROUGH THE JETTYSOFT LTD PLATFORM AS A CUSTOMER OR TO OPERATE AS A VENDOR OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART I). IF YOU ARE USING THE JETTYSOFT LTD PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING JETTYSOFT LTD PLATFORM OR THE JETTYSOFT SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE JETTYSOFT LTD PLATFORM AND THE JETTYSOFT LTD SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES, EXECUTING OR USING OR IMPLEMENTING THE FEATURES OR PERFORMING MANAGEMENT OPERATIONS PROVIDED BY IQ BUSINESS SUITE OR OTHER PRODUCTS PROVIDED TO VENDORS THAT MAY BE DELIVERED BY RESTAURANT COURIERS. YOU UNDERSTAND THAT JETTYSOFT LTD TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT JETTYSOFT LTD IS NOT A VENDOR OR COURIER NOR IS RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH VENDORS OR COURIERS. FOR ANY QUESTIONS OR ISSUES RELATED TO ORDER, CUSTOMER SHOULD CONTACT DIRECTLY VENDOR/RESTAURANT, CONTACT DETAILS ARE PROVIDED FOR EVERY RESTAURANT IN FOOTER SECTIONS OF THE RESTAURNT MENU PAGE.
BY ACCESSING, BROWSING AND USING THE JETTYSOFT LTD PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE JETTYSOFT LTD PLATFORM OR JETTYSOFT LTD SOFTWARE SERVICES OR ANY OF THEIR CONTENT OR SERVICES.
IMPORTANT NOTICE: PLEASE BE AWARE THAT CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS AND ANY TYPE OF SERVICE OR SOFTWARE INTERRUPTIONS CAUSED BY JETTYSOFT LTD SOFTWARE PRODUCTS.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY JETTYSOFT LTD IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, JettySoft will make a new copy of the Terms of Service available on the JettySoft & iQ Business Suite (www.iqbizsuite.com) Platform. We will also update the "Last Updated" date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account we may ask your consent while login to pursuant to the Terms of Service and Automatic Payment for services provided. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the www.iqbizsuite.com. JettySoft LTD may require you to provide consent to the updated Terms of Service in a specified manner before further use of the JettySoft LTD Platform and/or the JettySoft LTD Services is permitted. If you do not agree to any change(s) after making such change(s), you shall stop using the JettySoft LTD Platform and/or the JettySoft LTD Services. Otherwise, your continued use of the JettySoft LTD Platform and/or JettySoft LTD Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE JETTYSOFT LTD PLATFORM (www.iqbizsuite.com) TO VIEW THE MOST CURRENT TERMS.
I.GENERAL TERMS
1.JettySoft LTD Parties
1.If you are accessing or using the JettySoft LTD Platform within the Canada, these Terms of Service form an agreement between you and JettySoft LTD (“JettySoft Canada”), a company incorporated under the laws of Canada. For non-U.S. Users, use of the terms “iQ Business Suite”, “Just Yummee”, “JettySoft LTD”, “us”, “we” or “our” means iQ Business Suite/Just Yummee/JettySoft LTD Canada.
2.JettySoft LTD Canada and their affiliates, officers, directors, partners and employees, are referred to in these Terms of Service as the “JettySoft LTD Group”. For the avoidance of doubt, the JettySoft LTD Group does not include any third parties such as Vendors and Non-Partnered Couriers (as such terms are defined in Section 2 of Part I offering goods or services through the JettySoft LTD Platform.
2.Users and Applicable Legal Terms
1.Definition of Users. The JettySoft LTD Platform facilitates the ordering by Business Owners / consumers /end users of the JettySoft LTD Platform ("Customers") of food, drinks and other products (collectively "Goods") offered by restaurants and store/business owners through the platform ("Vendors") and the delivery of such Goods through contracted or permanent couriers of Vendors/Restaurant Owners (JettySoft LTD will not provide courier services, Vendors/Restaurant owners is responsible for Courier) who are users of the JettySoft LTD Platform (the "Couriers"). Collectively, Customers, Vendors and Couriers constitute "Users" of the JettySoft LTD Platform and these Terms of Service apply to all Users.
2.JettySoft LTD Privacy Policy. Please note that important information about JettySoft LTD’s practices on the data collection, use and disclosure of Users’ personal information submitted via the Website or the JettySoft LTD Platform is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Service. Please see further information "Privacy Policy".
3.Additional Terms for Vendors/Customers of JettySoft LTD and Couriers. In addition to these Terms of Service and the Privacy Policy, Vendors and Couriers are subject to terms agreed in agreements with JettySoft LTD in respect of the goods/services offered by such Users. In the event of any conflict between these Terms of Services with JettySoft LTD, the terms of the separate JettySoft LTD agreement will govern.
4.Additional Terms for All Users. Voucher Terms and Contest Rules are addressed in this Terms of Service.
5.JettySoft LTD Platform User Code. JettySoft LTD may from time to time implement additional guidelines and codes of conduct for use of the JettySoft LTD Platform and Customer Services. Any such terms will be incorporated by reference into the next version of these Terms of Service.
6.Additional Terms and Conditions for JettySoft LTD Platform Users. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the use of Google / Apple Maps services and content, or to the JettySoft LTD Platform if downloaded from the Apple App Store or the Google Play Store. You acknowledge and agree that you bound to use all/partial features and resources to run JettySoft LTD Platform in Desktop Operating Systems, Web Browsers, iOS and Android
The JettySoft LTD Platform may use services and content from Google Maps or Google Earth. You acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
The following additional terms and conditions apply to you if you are using a JettySoft LTD Platform. You acknowledge and agree that:
These Terms of Service are entered into between you and JettySoft LTD. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "download service providers") are parties to this Terms of Service agreement nor will they have obligations with respect to the JettySoft LTD Platform/Restaurant App. The applicable JettySoft LTD party not Apple or Google, is solely responsible for the JettySoft LTD Platform/Restaurant App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the JettySoft LTD Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. You and us both acknowledge that JettySoft LTD, not the download service provider used to obtain the JettySoft LTD Platform/Restaurant App, is not responsible for addressing any end-user or third-party claims related to the JettySoft LTD Platform/Restaurant App, including, but not limited to: (a) product liability claims, (b) any claim that the JettySoft LTD Platform fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the JettySoft LTD Platform or your possession or use of the JettySoft LTD Platform infringes on that third party’s intellectual property rights, as between JettySoft LTD and the download service provider used to obtain the JettySoft LTD Platform/Restaurant App, the JettySoft LTD Platform will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
2.JettySoft LTD Accounts
1.Accurate Information. You represent and warrant that all information supplied by you on the JettySoft LTD Platform (including information provided by you to create an account for use of the JettySoft LTD Platform (a "iQ Business Suite Account or Just Yummee Account or JettySoft LTD Account or JettySoft LTD Restaurant Account")) or in connection with your use of the JettySoft LTD Services is true, accurate, current and complete.
2.Security of JettySoft LTD Accounts. Any JettySoft LTD Account must be kept secure and you agree that you will not share or disclose your JettySoft LTD Account credentials with anyone. No members of the JettySoft LTD Group will be liable for any loss or damage arising from your failure to safeguarding your JettySoft LTD Account, use a strong password or limit its use to your JettySoft LTD/Restaurant Account. You may browse some of the JettySoft LTD Platform without creating a JettySoft LTD Account.
3.Discretionary Access to JettySoft LTD Accounts. JettySoft LTD reserves the right to deny your request for a JettySoft LTD All Accounts (including usernames) and to disable or terminate access to any JettySoft LTD All Accounts (including usernames) issued to you at any time in JettySoft LTD’s sole discretion. If JettySoft LTD disables access to a JettySoft LTD Platform Account issued to you, you will be prevented from accessing the JettySoft LTD Platform or the JettySoft LTD Services, your JettySoft LTD Account details, Orders or other information that is associated with your JettySoft LTD Account.
4.Suspension, Term, Termination and Deletion of JettySoft LTD Accounts. We may suspend or terminate your ability to access the JettySoft LTD Platform, or cease providing you with all or part of the JettySoft LTD Services at any time for any or no reason, including, if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the JettySoft LTD Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the JettySoft LTD Platform or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by JettySoft LTD in its sole discretion and that no members of the JettySoft LTD Group will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the JettySoft LTD Platform. Any suspension or termination of this Agreement by JettySoft LTD will be in addition to any and all other rights and remedies that JettySoft LTD may have.
5.Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your JettySoft LTD Account be deleted, ceasing use of the JettySoft LTD Platform, the JettySoft LTD Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your JettySoft LTD Customer Account, we may disable your JettySoft LTD Customer Account but keep the disabled JettySoft LTD Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these Terms of Service at any time by requesting by email (or any then-available interface on the JettySoft LTD Platform) that your JettySoft LTD Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the JettySoft LTD Platform.
2.Licensed Access to The JettySoft LTD Platform and Permitted Use
1.Subject to your compliance with these Terms of Service, JettySoft LTD hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the JettySoft LTD Platform in accordance with these Terms of Service in the following manner depending on the type of User that you are:
i.for Customers, you may use the JettySoft LTD Platform to view menus provided by Vendors, create an account, place orders and pay for Goods (including the delivery of Goods) (each an "Order"). You may also use feedback features of the JettySoft LTD Platform to rate, post comments, rating and reviews on Goods, Vendors and Couriers (as applicable);
ii.for Vendors, you may create an account and use the JettySoft LTD Platform and iQ Business Suite to manage the offer and fulfilment of Orders; and all other features.
iii.for Couriers, you are bound by the terms defined by Vendor/Restaurant Owner/Manger, JettySoft LTD is not responsible for payment of your service.
iv. constitute the "Permitted Use" as applicable for a specific type of User.
2.Reservation of Rights. JettySoft LTD retains the right, at its sole discretion, to deny access to anyone to the JettySoft LTD Platform or the JettySoft LTD Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the JettySoft LTD Platform or JettySoft LTD Services immediately upon request by JettySoft LTD.
3.Geographic Application of the JettySoft LTD Platform. The JettySoft LTD Platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the JettySoft LTD Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.
4.Changes to the JettySoft LTD Platform. JettySoft LTD reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Goods, menus, Vendors, posting and rating/reviews of Vendors) contained on or provided through the JettySoft LTD Platform (the "Content") at any time, and from time to time, without notice. For greater certainty, the Content include the User Content (as defined below).
2.No Unlawful or Prohibited Use
You may not, without JettySoft LTD's prior written permission, use the JettySoft LTD Platform, the JettySoft LTD Services or any Content (including other User’s User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the JettySoft LTD Platform and/or the Content to:
1."frame", "mirror" or otherwise incorporate the JettySoft LTD Platform, the JettySoft LTD Services or the Content or any part thereof on any commercial or non-commercial website;
2.access, monitor or copy any part of the JettySoft LTD Platform, the JettySoft LTD Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without JettySoft LTD’s express written permission;
3.violate any laws;
4.violate the restrictions in any robot exclusion headers on the Content or the JettySoft LTD Platform or bypass or circumvent other measures employed to prevent or limit access to the JettySoft LTD Services or the JettySoft LTD Platform;
5.remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the JettySoft LTD Platform or the Content;
6.modify or attempt to modify (or permit anyone else to modify or attempt to modify) the JettySoft LTD Platform, or any Vendor menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the JettySoft LTD Platform;
7.forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the JettySoft LTD Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;
8.attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the JettySoft LTD Platform or the JettySoft LTD Services;
9.copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the JettySoft LTD Platform or the Content;
10.license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the JettySoft LTD Platform;
11.create derivative works based on the JettySoft LTD Platform, the JettySoft LTD Services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the JettySoft LTD Platform, the JettySoft LTD Services or the Content;
12.use of access the JettySoft LTD Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
13.upload to or transmit through the JettySoft LTD Platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by JettySoft LTD in its sole discretion.
2.Intellectual Property Terms
1.Content and Intellectual Property
i.JettySoft LTD Content and Intellectual Property Rights. The JettySoft LTD Platform and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by JettySoft LTD and protected by copyright, trade-mark and other intellectual property laws ("JettySoft LTD Content"). JettySoft LTD expressly reserves all rights in the JettySoft LTD Platform and all materials provided by JettySoft LTD in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the JettySoft LTD Platform, all materials provided by JettySoft LTD in connection with these Terms of Service (including the JettySoft LTD Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with JettySoft LTD (or third party suppliers or licensors, if applicable), and that the JettySoft LTD Platform and all materials provided by JettySoft LTD hereunder are licensed and not "sold" to you.
ii.User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the JettySoft LTD Platform by Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not members of the JettySoft LTD Group, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the JettySoft LTD Platform. JettySoft LTD may monitor User Content from time to time but JettySoft LTD does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of the JettySoft LTD Group be liable in any way for any User Content including 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 JettySoft LTD Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the JettySoft LTD Privacy Policy and all other User Content will be considered non-confidential.
iii.User-Related Content. JettySoft LTD may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content"). You grant to JettySoft LTD Group a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the JettySoft LTD Privacy Policy. User-Related Content is not considered confidential or proprietary.
2.User Content License to JettySoft LTD. By submitting, posting or displaying User Content on or through the JettySoft LTD Platform or otherwise to JettySoft LTD, you grant JettySoft LTD Group, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant JettySoft LTD the right (although JettySoft LTD does not have the obligation) to pursue at law any person or entity that violates your or JettySoft LTD’s rights in the User Content by a breach of these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, JettySoft LTD has no obligation to post or display any User Content on the JettySoft LTD Platform.
3.Use of JettySoft LTD Content and User Content by other Users. You may only use JettySoft LTD Content and other Users Content (eg. menus provided by Vendors) for the applicable Permitted Use. If you print extracts from the JettySoft LTD Platform for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
4.Terms on Submissions/Feedback and Other User Content
i.Creating Submissions and Other User Content. Through the capabilities of the JettySoft LTD Platform you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the JettySoft LTD Platform any material or content which does or may:
1.Breach any applicable local, national or international law;
2.Be unlawful or fraudulent;
3.Amount to unauthorised advertising;
4.Contain any defamatory, obscene or offensive material;
5.Promote violence or discrimination;
6.Infringe the intellectual property rights of another person;
7.Breach any legal duty owed to a third party (such as a duty of confidence);
8.Promote illegal activity or invade another’s privacy;
9.Give the impression that they originate from us; or
10.Be used to impersonate another person or to misrepresent your affiliation with another person.
You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the JettySoft LTD Platform.
ii.Status of Submissions on the JettySoft LTD Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the JettySoft LTD Platform that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the JettySoft LTD Platform is for information purposes only and does not constitute advice from us or the opinions of anyone within the JettySoft LTD Group. User Content may reflect the opinions of Customers who have ordered through the JettySoft LTD Platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the JettySoft LTD Group assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
iii.Public Display of Submissions. You acknowledge that JettySoft LTD may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at JettySoft LTD’s discretion, and that such User Content may be visible to other Users and visitors to the JettySoft LTD Platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.
2.Note on Privacy. If you access any Person Information through or in connection with the JettySoft LTD Platform you agree that you will treat such Personal Information in accordance with JettySoft LTD's current Privacy Policy and you will not collect or harvest any Personal Information, including Personal Information of other users, except as permitted by these Terms of Service.
2.Advertising and Third-Party Websites
1.If you elect to have any business dealings with anyone whose products or services may be advertised on the JettySoft LTD Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the JettySoft LTD Group will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
2.The JettySoft LTD Platform may provide links to third party websites and such links are provided solely for your convenience. Third party websites: Links to third party websites on the JettySoft LTD Platform are provided solely for your convenience. If you use these links, you leave the JettySoft LTD Platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the JettySoft LTD Platform, you do so entirely at your own risk.
3.JettySoft LTD reserves the right to prohibit or remove (or require you to remove) any link to the JettySoft LTD Platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
2.Availability and Updates
1.JettySoft LTD may alter, suspend, or discontinue the JettySoft LTD Platform or Service at any time and for any reason or no reason, without notice. The JettySoft LTD Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. JettySoft LTD may periodically add or update the information and materials on this the JettySoft LTD Platform without notice.
2.While we try to ensure the JettySoft LTD Platform is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and no members of the JettySoft LTD Group will be liable to you if the JettySoft LTD Platform is unavailable at any time or for any period.
3.JettySoft LTD may upgrade or alter the JettySoft LTD Platform at any time. JettySoft LTD may remotely access the JettySoft LTD Platform (including for greater certainty any JettySoft LTD Platform/Restaurant App) at any time for any lawful reason, in particular to update the software or to perform software maintenance.
2.DISCLAIMERS
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
1.Content: While we try to ensure that information on the JettySoft LTD Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the JettySoft LTD Platform including to Goods and prices described on it, at any time without notice. The material on the JettySoft LTD Platform may be out of date, and we make no commitment to update that material.
2.Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Vendors. However, it is the Vendors that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Vendor directly before ordering.
3.Vendor actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendor or Courier. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the JettySoft LTD Platform:
i.We do not give any undertaking that the Goods ordered from any Vendor through the JettySoft LTD Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
ii.Estimated times for deliveries and pick-ups are provided by the Vendors and are only estimates. Neither we nor the Vendors or Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
iii.We encourage all Vendors accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendors will accept all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
The foregoing disclaimers do not affect Customer’s statutory rights against any Vendor or Courier.
2.Service Disclaimers
i.Viruses. The downloading and viewing of the JettySoft LTD Platform or the Content is done at your own risk. JettySoft LTD cannot and does not guarantee or warrant that the JettySoft LTD Platform or the Content are compatible with your computer system or that the JettySoft LTD Platform or the Content, or any links from the JettySoft LTD Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the JettySoft LTD Platform.
ii.Communications Not Confidential. JettySoft LTD does not guarantee the confidentiality of any communications made by you through the JettySoft LTD Platform. Although JettySoft LTD generally adheres to the accepted industry practices in securing the transmission of data to, from and through the JettySoft LTD Platform, you understand, agree and acknowledge that JettySoft LTD cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the JettySoft LTD Platform.
2.NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.
1.NO IMPLIED WARRANTIES. THE JETTYSOFT LTD SERVICES, THE JETTYSOFT LTD PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, JETTYSOFT LTD DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE JETTYSOFT LTD SERVICES, JETTYSOFT LTD PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE JETTYSOFT LTD SERVICES, THE JETTYSOFT LTD PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
2.EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL JETTYSOFT LTD OR ANY MEMBER OF THE JETTYSOFT LTD GROUP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT JETTYSOFT LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE JETTYSOFT LTD SERVICES, THE JETTYSOFT LTD PLATFORM OR THE CONTENT.
3.NO RESPONSIBILITY FOR VENDORS AND COURIERS. VENDORS AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE JETTYSOFT LTD PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF JETTYSOFT LTD. JETTYSOFT LTD IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY VENDORS OR COURIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY VENDORS OR COURIERS.
4.LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE JETTYSOFT LTD GROUP IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE JETTYSOFT LTD SERVICES, THE JETTYSOFT LTD PLATFORM OR THE CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR (II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
5.Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the JettySoft LTD Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH JETTYSOFT LTD WOULD NOT MAKE THE JETTYSOFT LTD PLATFORM AND/OR JETTYSOFT LTD SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2.Indemnification
You agree to defend, indemnify and hold harmless JettySoft LTD Group, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:
1.your breach of these Terms of Service or any documents referenced herein;
2.your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
3.your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or
JettySoft LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by JettySoft LTD.
2.Governing Law and Dispute Resolution
1.Governing Law. These Terms of Service will be governed by the laws of the Province of British Columbia, unless you access the JettySoft LTD Platform or receive the JettySoft LTD Services in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the JettySoft LTD Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the JettySoft LTD Platform, the JettySoft LTD Services or the Content, notwithstanding your domicile, residency or physical location. The JettySoft LTD Platform, the JettySoft LTD Services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
2.Dispute Resolution Process.
i.Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) JettySoft LTD or any members of the JettySoft LTD Group, including any dispute or controversy arising out of or relating to these Terms of Service, the JettySoft LTD Platform or JettySoft LTD Services, any interactions or transactions between (1) you and (2) JettySoft LTD or any members of the JettySoft LTD Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
ii.Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be British Columbia or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. JettySoft LTD will pay the reasonable arbitration costs.
iii.Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the JettySoft LTD Group.
iv.Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.
v.JettySoft LTD group is not responsible for delivering your order or food or any goods, Vendor/Restaurant/End User waived their right to proceed in law or action suite
2.Miscellaneous
1.Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.
2.Entire Agreement. If you are a Vendor/Courier/ End Customer, these Terms of Service, the Privacy Policy and any documents incorporated by reference herein constitute the entire agreement between JettySoft LTD and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and JettySoft LTD with respect to the JettySoft LTD Platform. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3.Notices. JettySoft LTD may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the JettySoft LTD Platform or by email at the then-current email address for you on file with JettySoft LTD. JettySoft LTD may be contacted in writing at:
JettySoft LTD. 6951 196 Street, Surrey, BC, Canada. V4N 5Z1 or info@Justyummee.com
JettySoft LTD may change its notice contact information from time to time by posting updated contact details on the JettySoft LTD Platform.
4.No Waiver. JettySoft LTD's failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
5.Force Majeure. JettySoft LTD will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond JettySoft LTD's reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
6.Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
7.Order of Precedence. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between you and us, then these Terms of Service will prevail; provided that, if you are also a Vendor registered on the JettySoft LTD Platform, the terms applicable to the Vendor agreement will govern your relationship with JettySoft LTD in connection with your use of the JettySoft LTD Platform as a Vendor offering its services.
8.Language. These Terms of Services are made available in English speaking Users. In the event of a conflict between this English language version of the Terms of the JettySoft LTD Services of the Terms of Service.
9.Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
II.ORDERING TERMS
1.Access, JettySoft LTD Services and Products
Through the JettySoft LTD Platform you may place orders for Goods from Vendors, you may receive delivery of the Goods and Vendors are responsible for providing customer care support regarding your order between you and Couriers (these services and associated services such as order management, payment processing for Orders and provision of access to the JettySoft LTD Platform provided by JettySoft LTD from time to time are the "JettySoft LTD Services"). For avoidance of doubt, JettySoft LTD does not prepare or fulfil any orders for Goods or provide delivery services directly and no members of the JettySoft LTD Group will be liable for any transactions between Customers, Couriers or Vendors. JettySoft LTD may provide products or services to Couriers or Vendors through a separate agreement executed with such parties. Menus and other Vendor-related information on the JettySoft LTD Platform is content provided by the Vendor and not JettySoft LTD.
2.JettySoft LTD Customer Account
To use the JettySoft LTD Platform and most features of the JettySoft LTD Services, you are required to successfully create a user account (the "JettySoft LTD Customer Account") using the available interfaces at the JettySoft LTD Platform.
3.Receiving Orders
1.We encourage Vendors to confirm all Orders and to communicate any inability or unwillingness to confirm promptly, and we will notify you as soon as reasonably practicable if the Vendor does not confirm your Order. Vendor's may have the discretion to not confirm Orders. For Card Orders (as defined in section 6(b) below), Restaurant will provide you with a refund of the price of your Order after communicating to you the non- confirmation or cancellation of your Order.
2.Because of standard banking procedures, once you have placed a Card Order and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is not confirmed by the Vendor or cancelled before placing order for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that no members of the JettySoft LTD Group nor the relevant Vendor will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
3.You agree that JettySoft LTD will have no liability to you for Orders that are not confirmed, are cancelled or that the Vendor has been unable or unwilling to fulfill.
2.Customer Care, Goods Contract, Third Party Couriers and Refunds
1.JettySoft LTD may offer customer care in respect of issues relating to the JettySoft LTD Platform or your Order, please contact JettySoft LTD via Phone or Email at the contact information provided on the JettySoft LTD Platform.
2.The legal contract for the purchase of Goods will in all cases be between the End Customer and the Vendor. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for the sale of Goods between you and the Vendor by means of you placing Orders via the JettySoft LTD Platform. We may act as agent for the Customer and the Vendor for the legal contract for the purchase and sale of the Goods. YOU ACKNOWLEDGE AND AGREE THAT NO MEMBER OF THE JETTYSOFT LTD GROUP HAS ANY CONTROL OVER THE QUALITY OF THE GOODS OR SERVICES OFFERED BY VENDORS AND COURIERS AND THAT NO MEMBERS OF THE JETTYSOFT LTD GROUP WILL HAVE LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE VENDOR CONCERNING YOUR ORDERS, INCLUDING, WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED GOODS ITEMS, AND ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE GOODS DELIVERED INCLUDING IF GOODS CAUSE ILLNESS, ALLERGIC REACTIONS OR HAVE INCORRECT NUTRITIONAL VALUES.
3.For Delivery Orders that the Vendor arranges or for which third party couriers provide delivery services, we are not liable for any service or product provided by such couriers.
4.Restaurant Owner/Manager may provide, in its discretion, the refund or compensation by payment to your payment credit or debit card or cash back.
2.Payment Processing Services
Payment processing services for the JettySoft LTD Platform/Restaurant are provided by payment services providers as JettySoft LTD may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize JettySoft LTD to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the JettySoft LTD Platform. You also agree that the JettySoft LTD Group is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.
3.Price and Payment
1.Goods prices listed on the JettySoft LTD Platform from Vendor in Canada are in Canadian dollars, Good prices listed on the JettySoft LTD Platform from a Vendor in the United States are in United States dollars. Good prices may not include applicable tax and delivery charges. Taxes and delivery charges may be added at checkout and will be payable by you along with the Order price.
2.Payment for Orders must be made with an accepted credit or debit card through the JettySoft LTD Platform ("Card Orders") or in certain circumstances may be made by cash directly to the Vendor or courier ("Cash Orders"). If you choose a Cash Order, you must pay the Vendor or courier, as applicable and are liable for failure to do so.
3.For Card Orders, you will be charged at the time of placing your Order. The JettySoft LTD Platform uses the third-party payment processors to effect charges onto your debit or credit card. 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 our 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 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.
4.JettySoft LTD or the Vendor is under no obligation to fulfill your Order at the incorrect price. Prices at the Vendor’s Goods in the Vendor’s physical location and at the JettySoft LTD Platform may be different. Any such differences will not entitle you to a refund or a reduction in price of your Order.
5.Goods’ prices, delivery charges and any other fees are subject to change at any time at JettySoft LTD’s or the Vendor’s discretion.
2.Pickup or Delivery
You may have the ability to choose if you would like your Order to be picked up by you at the premise of the Vendor ("Pickup Order") or delivered to you by a third-party courier or courier of the Vendor ("Delivery Order"). You may be provided a time for when the Pickup Order will be ready for pickup or when the Delivery Order will be delivered. These times are only an estimate and JettySoft LTD and the Vendor offer no guarantee that these times will be achieved. JettySoft LTD is not responsible for any delays in receiving or having your Order ready for any reason. For a Pickup Order, you will arrive at the time provided and JettySoft LTD and the Vendor are under no obligation to remake or refund the Goods if you do not arrive when indicated.
3.Alcohol
If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the area in which the alcohol is delivered and are not ordering alcohol for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that Vendors or Couriers may require valid government-issued photo identification(s) matching the name on the order and proving your age to the Vendor or Courier, and that the recipient is not intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Vendor or the courier then alcohol products may be withheld, and any refund for such withholding is at the discretion of the Vendor, JettySoft LTD or Courier. If the you order alcohol and the alcohol is to be delivered, the delivery address must be a residential or private address. For greater certainty, alcohol orders may be subject to time and location restrictions.
II.COUPONS AND CONTESTS
1.Coupons
2.The following terms and conditions will apply to all vouchers issued for free from time to time for promotional, advertising, or marketing purposes for use on Orders on the JettySoft LTD Platform ("Coupons"):
1.Coupons may only be redeemed towards Orders on the JettySoft LTD Platform and cannot be used for Goods that include alcohol and may not applied to taxes or other items/fees/charges as determined from time to time by us. Coupons may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Coupons (for example, the amount of any dollar or percentage discount, number of times the Coupons can be used, expiry date, area Coupon can be use, whether applicable for Pickup Orders or Delivery Orders) any other rules that may apply are described in the information accompanying or in conjunction with the Coupons (for example, the social media post or advertisement where the Coupons was posted).
2.Coupons must be used in conjunction with a JettySoft LTD Customer Account. Coupons must be applied to an online Order by no later than the deadline specified on the Coupons and will expire if not applied by this time. If the Coupons provides for a discount on an Order, an amount determined by the rules of the Coupons will be credited to the Order to which the Coupons is applied.
3.The right to use a Coupons is personal to the original recipient and may not be transferred. No Coupons may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. For greater certainty, Coupons distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or canceled.
4.Coupons may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time unless otherwise stated.
5.Coupons may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned.
6.No members of the JettySoft LTD Group will not be liable to you, any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Coupons or any failure or inability of a customer or household to use a Coupons for any reason.
7.For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Coupons or to vary or terminate the operation of a Promotional Voucher at any time without notice.
Privacy Policy
If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to First Name, Last Name, Email Address, Phone Number, and Mailing Address. The information that we request will be retained by us and used as described in this privacy policy.
We want to inform you that whenever you use our Service, in a case of an error in the website and associated app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the website and associated app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory. The website and associated app uses “cookies” to collect information to improve services.
We may employ third-party companies and individuals due to the following reasons: To facilitate our Service; To provide the Service on our behalf; To perform Service-related services; or To assist us in analyzing how our Service is used.
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.