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WEBSITE TERMS AND CONDITIONS

Date: 1 Jan, 2017

Legal Notice

Here, you will find our terms and conditions (will be referred as ‘Website Terms’) based on which we (or EGRUB), provide our services through our website www.egrub.ca or our android/iOS app (will be collectively referred as ‘Website’). The reference to ‘website’ in these terms includes any current or future version of our website (egrub.ca) or mobile application. Your purchase of any products offered on our website is subject to these terms so we request you to read our website terms carefully before ordering any products through us. Whenever you order products through our website or when you use our website for any reason, you agree to be bound by our website terms.

Your personal information submitted to us through the website is governed by our privacy policy. Please print a copy of our Website Terms for your own reference. We reserve the right to change these website terms by updating this page any time without any notice. When you access our “website”, you accept our “website terms”. If you do not agree with these website terms, you are advised to leave our website immediately without accessing any content or ordering any products.

A. EGRUB PRIVACY POLICY

By ordering or using EGRUB services you understand and agree to have read and understood this privacy policy, and consent to the collection, use and disclosure of your personal information under the terms of this privacy policy. In most cases, we explicitly ask for your consent (through revised version of this policy online) if we intend to collect, use or disclose your information other than indicated in this privacy policy. Your consent may be implied through your conduct with us.

We are committed to protect privacy of information of all visitors or users of this website/application. Please read the following Privacy Policy carefully which explains how we collect, use and protect the Personal Information (defined below) that we collect about you.

As an organization engaged in commercial activities, we are committed to complying with the Personal Information Protection and Electronic Documents Act Canada, and with any other Canadian privacy laws applicable to our operations.

A.1. DISCLOSURE OF YOUR PERSONAL INFORMATION

A.1.a. While your Personal Information is out of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Certain countries outside Canada and the European Economic Area do not always have equivalent strong data protection laws irrespective of the safeguards we have put in place for the protection of your information in accordance with this Privacy Policy.

A.1.b. The Personal Information you provide to us will be held on our servers which may be in or outside Canada, In addition, your Personal Information may be accessed by or given to our staff working outside Canada and/or to third parties including companies within the EGRUB /group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you. We may send Personal Information outside of Canada for processing and storage by other companies within the EGRUB /group of companies or by their service providers.

A.1.c. If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about other products or services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out below and/or by amending your profile accordingly.

A.1.d. The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your Personal Information to any Restaurants that you have placed an Order with so as to allow the Restaurant to process and deliver your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy.

A.1.e. We may use the Personal Information that you provide to us if we are under a duty to disclose or share your Personal Information in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce the Website Terms and any other agreement we have with you. This includes exchanging Personal Information with other companies and other organizations for the purposes of fraud protection and prevention.

A.1.f. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your Personal Information may be disclosed or transferred to the target company, our new business partners or owners or their advisors provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information..

A.1.g. We will always take steps to ensure that your Personal Information (if we provide it to third parties who provide services to us) will be treated in accordance with this Privacy Policy, including ensuring that third parties are contractually required to comply with this Privacy Policy.

A.2. INFORMATION COLLECTED FROM YOU

A.2.a. By accessing EGRUB information and/or the Website or Service using mobile digital routes such as (but not limited to) mobile phones, tablets, laptops or other wireless devices/technology including mobile applications, then you acknowledge and agree that our data collection and usage as set out in this Privacy Policy will apply in that context too. We may collect non-personal device information (such as technical information) from your mobile device or your use of the Website or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Website or Service through your mobile device(s) via any EGRUB mobile application, through your mobile's browser or otherwise.

A.2.b. When you use the Service to make an Order from a Restaurant through the Website you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address), payment information (such as credit or debit card information) and/or other personally identifiable information (the "Personal Information"). Personal Information does not include business information such as a business address, business title, professional designation(s) or business telephone number. We may also collect information about your usage of the Website and Service and Personal Information about you from the materials (such as messages and reviews) you post to the Website and the e-mails or letters you send to us. Collection of Personal Information will be limited to that which is necessary for the purposes for which it was provided and/or as provided under this Privacy Policy and will be collected by fair and lawful means.

A.2.c. We may also collect some personal information through system logs and cookies.

A.3. USE OF YOUR PERSONAL INFORMATION

A.3.a. We may use your Personal Information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service. You cannot opt out of receiving notifications of important changes or developments (eg. to this Privacy Policy or the Website Terms) unless you discontinue use of the Website or Service.

A.3.b. Your Personal Information will enable us to provide you with access to parts of the Website reserved for registered users, to supply the Service and provide feedback and answer your questions if you contact us. It will also enable us to bill you and enable us and/or a Restaurant with whom you have placed an Order to contact you where necessary concerning the Service. We and/or the Restaurant may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.) and to deliver an Order. Where you place an Order with a franchisee in a chain of restaurants, we may share your Personal Information and Order details/information with the master franchisor or other restaurants within the chain for their statistical and/or analytics purposes. We will also use and analyze the Personal Information we collect so that we can administer, support, improve and develop our business, for any other purpose notified to you whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applications or any representation of the Website.

A.3.c. Where you have indicated accordingly, you agree that we may also share Personal Information with third parties (including those in the food, drink, leisure, marketing and advertising sectors) which may use your Personal Information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) and to help us analyze the information we collect so that we can administer, support, improve and develop our business and services to you. Personal Information shared with such third parties will be used in accordance with such third parties’ own privacy practices which EGRUB does not have control over so you should review such privacy practices before agreeing to have your Personal Information shared with such third parties.

A.3.d. You agree that we may use your Personal Information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing. We may contact you to do so by telephone, SMS and email and if you use our mobile application, via push notification. It is always your choice whether to receive or to continue receiving to receive such marketing materials and updates from EGRUB. We will not send you any direct marketing communications unless you have separately consented to receive such communications or such consent has been deemed to have been given under applicable law. If you no longer wish to receive direct marketing communications, you can manage your preferences for email and SMS marketing communications at any time by going to the Account Info page. Alternatively you can opt-out using the unsubscribe mechanism in the marketing communication itself (e.g. by clicking the unsubscribe link at the bottom of an email or by replying with the word “STOP” to an SMS). To manage push notifications, go to the settings page of your phone or tablet and change the push notification permission for the EGRUB app. If you switch off in-app push notifications, you will no longer receive updates on your orders via push.

A.3.e. Please note that by submitting Reviews regarding the Website, Service and/or Restaurants, you consent to us using such Reviews on the Website and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).

A.3.f. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in paragraph 8 below and/or amending the permissions section of your profile accordingly.

A.3.g. This Privacy Policy does not apply to other web sites that we have linked to our web site. We try to link only with web sites that share our values, however, you should check the privacy policy of any linked web site to understand their personal information collection practices. We are not responsible for the content or information collection policies of such web sites.

A.4. COOKIES

A.4.a. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the site and will last for a longer duration.

A.4.b. We use cookies to improve the quality of our Website and Service, and to try and make your browsing experience meaningful. When you enter our Website our web server sends a cookie to your computer which allows us to recognize your computer but not specifically who is using it. By associating the identification numbers in the cookies with other customer information when for example you log-in to the Website, then we know that the cookie information relates to you. By using this Website, you consent to our cookie settings and agree that you understand our cookies policy, which explains how you can manage your cookie choices and preferences.

A.4.c. We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, the cookies policy set forth may be updated to reflect any such advances in technology and preference management tools.

A.4.d. This Privacy Policy provides you with further details about how we use any personal information you give us, although not all information captured by using cookies will identify you.

A.4.e. Some of the cookies used by our Website are served by us, and some are served by third parties who are delivering services on our behalf. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on our site you may not be able to take full advantage of our site if you do so.

A.5. CHANGES TO OUR PRIVACY POLICY

A.5.a. Any changes to our Privacy Policy will be posted to the Website.

A.5.b. This Privacy Policy is current as of the "last revised" date which appears at the top of this page. Your continued use of the Website and Service after any change of our Privacy Policy will constitute your acceptance of the revised terms of this Privacy Policy and accordingly, we will treat Personal Information in a manner consistent with the latest version of the Privacy Policy after any period notifying you of changes to the Privacy Policy has passed.

A.6. SECURITY AND DATA RETENTION

A.6.a. Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorized transactions entered into using your name and password.

A.6.b. We take technical, administrative and physical security steps designed to protect your Personal Information from unauthorized access and against unlawful processing, accidental loss, destruction and damage. We have implemented procedures designed to limit the dissemination of your Personal Information to only personnel with a business "need-to-know" or whose duties reasonably require such information.

A.6.c. We will keep your information as long as necessary to fulfil the purposes for which that Personal Information was collected, and as permitted or as required by law. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-Personal Information, or account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

A.6.d. The transmission of information via the internet is not completely secure. Although we will take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information or other data transmitted to the Website; any transmission is at your own risk. Once we have received your Personal Information, we will use organizational and technical safeguards to try to prevent unauthorized access. Please also note that the Website contains links to third party websites, which are not governed by this Privacy Policy, and EGRUB is not responsible for the collection, use or disclosure of Personal Information by such third party websites.

A.7. CONTACT

A.7.a. You can help by keeping us informed of any changes such as a change of delivery address for Orders or telephone number. If you would like to access your information, if you have any comments, queries and requests relating to our use of your Personal Information or if you find any errors in our information about you, please contact us at contact@egrub.ca.

A.8. ACCESSING AND UPDATING

A.8.a. You have the right to see the Personal Information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. We will advise you in writing if we cannot meet your requests within this time limit.

A.8.b. If you wish to do this, please contact us. We will charge you a fee to meet our administrative costs in providing this information to you.

A.8.c. Please note that we may request that you provide sufficient identification before we provide you with the Personal Information that we hold. Any such identifying information shall be used only for this purpose.

B. TERMS AND CONDITIONS OF USE AND SALE

B.1. WEBSITE USE AND SALE

B.1.a. EGRUB is a company registered in Nova Scotia.

B.1.b. We provide a medium for you to communicate your food (“Products”) orders (“orders”) to restaurants found on our website.

B.2. PAYMENT/PRICE

B.2.a. Prices are as displayed on our website. There will be additional taxes, optional delivery cost (excluded when you choose pick-up), and online payment administration costs added to your total amount due at check-out.

B.2.b. Our website contains a large number of food items and menus and it is possible that some products may have incorrect prices. If the correct price for a product is higher than the price stated on our website, we or the relevant restaurant will contact you before the order is dispatched. In such an event, neither we nor the restaurant will be under any obligation to ensure that the order is provided to you at an incorrect lower price or compensate you for incorrect price.

B.2.c. Payment must be through an accepted credit/debit card through our website or in cash to the restaurant/point of delivery.

B.2.d. You may be required to show the card to the restaurant at the time of delivery or pick-up as a proof of identification to double check that the receipt data for the order matches appropriately. Please note that there could be delays in processing card payments and that you may see the charges on your card statement up to 3 months from the date of your order.

B.2.e. A credit or discount will apply to your order if you use any of our available and active vouchers/codes and when you pay for the rest of the balance. Please note that the bank or the card issuer will withhold the full order amount for a period of up to 5 to 30 working days. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your Order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance. You acknowledge and agree that neither we nor the relevant Restaurant 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.

B.2.f. For rejected orders; once you submit an order to us using a debit or a credit card and is authorized, your bank or the card issuer will withhold the full amount of the order from your account. IF your order is subsequently refused/rejected by the restaurant or cancelled for any reason, your bank or the card issuer will not transfer the funds to us, instead will release it back into your account. However, this may take up to 5 business days and sometimes up to 30 business days. You acknowledge and agree that neither we nor the relevant Restaurant 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.

B.3. USE OF WEBSITE

B.3.a. You can access some areas of our website without making any order or registering yourself.

B.3.b. You indicate to accept our website terms when you access any part of our website. Without acceptance of our website terms, you are not entitled to browse our website.

B.3.c. You will be subject to the website terms and policies in force at the time you use our website to place your order. We do have the right to revise and change these website terms by updating this page without providing any notice to anybody. We suggest you check our website regularly to update yourself on current website terms.

B.3.d. You will be responsible for making sure everybody accessing our services through your internet connection are aware of, agree to and comply with our website terms.

B.3.e. By placing an order through our website, you warrant that: you are legally capable of entering into binding contracts; and that you are at least 18 years of age.

B.4. HOW TO ORDER PRODUCTS

B.4.a. First, you will select a restaurant and the products offered by that restaurant from their menu. Next, you submit your order by clicking a “submit” or “place order” button or any other similar button. It is your responsibility to double check your order before placing it; because, once you submit your order, we will start processing it and you will not be able to correct any errors.

B.4.b. Once you place your order, you will not be authorized to change or cancel order and you will not be entitled to a refund. You will have to contact the restaurant in order to change or cancel your order that you placed through our website. If you can’t communicate with your restaurant, you can contact us and we will try to communicate your information/issues. It might take some time to reach restaurant on our side and we cannot guarantee that will be able to reach the restaurant and that your request/s/issue/s will be resolved, however, will try our best to convey your message.

B.4.c. We required that your payment is authorized, if not, we will not be able to process or communicate your order to the relevant restaurant.

B.4.d. We begin processing of your order once we receive it. We will notify you or your order receipt (however, there is no guarantee that this will happen always in case of technical issues). Any notification you see on confirmation page of our website or in an email only mean that we have received your order, however, it does not mean that we or the concerned restaurant has accepted your order. Our website or any restaurants on our website have discretion to reject orders at any time due to any reason without any notice, however, we encourage our restaurants to communicate any issues directly with customers as soon as possible.

B.4.e. The estimated times displayed on the website are only estimates provided by restaurants and we (website) or the restaurants on our website do not guarantee that orders will be delivered or available for pick-up within the specified estimated times.

B.5. CUSTOMER SERVICE

B.5.a. In case you have any problems or issues with your order, we advise you to contact the restaurant directly. This is the most efficient way of resolving any issues. Customer care is very important to us and our customer care team will try to assist you in all possible issues if the problem is not resolved directly by the restaurant.

B.5.b. About your order; if your order is taking reasonably longer than the expected, you can contact the relevant restaurant directly to follow up on your order.

B.5.c. If you want to change or cancel your order after the payment has been authorized, and if you can’t reach the restaurant, you can contact us and we will attempt to contact the restaurant on your behalf. However, we do not guarantee that we will be able to communicate with the restaurant in a timely manner to resolve your issues or that the restaurant will resolve your issues. We will always try our best.

B.5.d. If you are dissatisfied with the quality of products or services provided by the restaurant, you can consider providing feedback in the form of ratings/reviews on our website.

B.5.e. If you are dissatisfied with the quality of products or services provided by restaurants and seek a refund, or any other compensation, you should lodge your complaint directly with the concerned restaurant. If the restaurant refuses to deal with your complaint then, you can contact us within 48 hours of placing the order and we will try to resolve your issues by contacting the restaurant. Please note that website does not produce any of the products, we only facilitate the sale by local restaurant and that we have no control over Restaurants and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.

B.6.SERVICE ACCESS

B.6.a. The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

B.6.b. While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

B.6.c. Access to the Website may be suspended temporarily at any time and without notice.

B.7. LINKS TO AND FROM OTHER WEBSITES

B.7.a. You may link to the Website’s homepage (www.egrub.ca), provided that:

B.7.b. you do so in a fair and legal way which does not damage or take advantage of our reputation;

B.7.c. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

B.7.d. any website from which you link must comply with the content standards set out in these Website Terms;

B.7.e. we have the right to withdraw linking permission at any time and for any reason.

B.7.f. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. 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 Website, you do so entirely at your own risk.

B.8. LICENCE

B.8.a. You are permitted to use the website and print/download extracts from the Website for your own personal and non-commercial use:

B.8.b. Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

B.8.c. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license from us to do so.

B.8.d. You must not modify the digital or paper copies of any materials that you print off and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

B.8.e. You must not misuse the Website (including by hacking or "scraping").

B.8.f. You must ensure that the status of EGRUB and/or the applicable Delivery Restaurants as the author of the material on the Website is always acknowledged.

B.8.g. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us, the Delivery Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Website Terms, any use of extracts from the Website is prohibited.

B.8.h. Any rights not expressly granted in these Website Terms are reserved.

B.9. VISITOR REVIEWS

B.9.a. In particular (but without limitation), any Reviews that you submit through the Website must not:

•promote violence or discrimination;

•breach any legal duty owed to a third party (such as a duty of confidence);

•contain any defamatory, obscene or offensive material;

•infringe the intellectual property rights of another person;

•promote illegal activity or invade another’s privacy;

•be used to impersonate another person or to misrepresent your affiliation with another person.

•give the impression that they originate from us.

B.9.b. You represent and warrant that that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions.

B.9.c. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to such Visitor Material including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Visitor Material to the Website. Furthermore, you hereby grant to EGRUB a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Visitor Material, in whole or in part, worldwide in all manner and media whether now known or later developed. If requested, you shall provide waivers in favor of EGRUB with respect to any and all moral rights in the Visitor Materials held by any individuals who may be authors of such Visitor Materials.

B.9.d. The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

B.9.e. You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

•is unlawful or fraudulent;

•contains viruses or any other harmful programs.

•amounts to unauthorized advertising;

•breaches any applicable local, national or international law;

B.9.f. The prohibited acts are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

B.9.g. You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

B.9.h. You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions.

B.10. WRITTEN COMMUNICATIONS

B.10.a. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

B.11. DISCLAIMERS

B.11.a. The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order with. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

•We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

•We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

•Estimated times for deliveries and pick-ups are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for pick-up within the estimated times.

•The foregoing disclaimers do not affect your statutory rights against any Restaurant.

B.11.b. While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

B.11.c. We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

B.11.d. 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 Restaurants. However, it is the Restaurants 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 Restaurant directly before ordering.

B.12. LIABILITY

B.12.a. Our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or C$100, whichever is lower.

B.12.b. Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

B.12.c. You agree to defend, indemnify and hold harmless EGRUB, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Website Terms or your violation of any law or the rights of any third party with respect to the Website or the Services. EGRUB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by EGRUB.

B.12.d. We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:

•any loss of profits, sales, business, or revenue;

•loss or corruption of data, information or software;

•loss of business opportunity;

•loss of anticipated savings;

•loss of goodwill; or

•any indirect or consequential loss.

 B.12.e. 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 Website, 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.

B.13. TERMINATION

B.13.a. Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

B.13.b. We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

•you have breached our policy regarding (Links to and from other websites); or

•you have used the Website in breach of our policy (License);

•you have breached any other material terms of these Website Terms.

•you have posted Reviews or other Visitor Material in breach of our policy.

B.14. EVENTS OUTSIDE OUR CONTROL

B.14.a. An “out of control event” includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

•impossibility of the use of public or private telecommunications networks; and

•strikes, lock-outs or other industrial action;

•fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

•civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

•impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

•the acts, decrees, legislation, regulations or restrictions of any government.

B.14.b. Our performance under these Website Terms is deemed to be suspended for the period that any “out of control event” continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable options to find a solution by which our obligations under these Website Terms may be performed despite the “out of control event”.

B.14.c. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“out of control event”).

B.15. ADDITIONAL TERMS

B.15.a. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

B.15.b. These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

B.15.c. We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms by this reference.

B.15.d. The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

B.15.e. If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

B.15.f. You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

B.15.g. You should also review our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.

B.16. GOVERNING LAW AND JURISDICTION

B.16.a. These Website Terms shall be governed by and construed in accordance with the laws of the Province of Canada and the federal laws of Canada applicable therein. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Nova Scotia.

B.17. VOUCHER CODES

B.17.a. The right to use the Voucher Code is personal to the original recipient and may not be transferred. No Voucher Code 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. In particular, the Voucher Code 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 cancelled.

B.17.b. The Voucher Codes may only be redeemed towards online orders from restaurants made through the Website.

B.17.c. We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher Codes or any failure or inability of a customer or household to use a Voucher Code for any reason.

B.17.d. The Voucher Codes may not be exchanged for cash.

B.17.e. The Voucher Codes must be applied to a registered EGRUB online customer account via www.egrub.ca by no later than the deadline specified on the Voucher Code and will expire if not applied by this date.

B.17.f. The Voucher Codes may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time.

B.17.g. We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Voucher Codes or to vary or terminate the operation of this promotion at any time without notice.

C. EGRUB VOUCHER TERMS

C.1. Vouchers may only be redeemed towards online Orders from Restaurants made through the Website.

C.2. The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by EGRUB from time to time for use on the Website, including vouchers with a credit value ("Vouchers") and promotional discount vouchers ("Discount Vouchers", and together with Vouchers, ("Vouchers")).

C.3. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions that will be specified on the Voucher or at the time the Voucher is issued.

C.4. Discount Vouchers must be used by the deadline specified on the Discount Voucher and/or at the time the Discount Voucher is issued by entering the relevant voucher code ("Discount Voucher Code"), and will expire after such date.

C.5. Vouchers and Voucher Codes are only valid for one use. Once the Voucher Code has been used (whether in an authorized or unauthorized manner), the Voucher Code will be void. Voucher recipients are responsible for ensuring that their Voucher Codes are not used by someone else.

C.6. Vouchers must be applied to a registered EGRUB online customer account via www.egrub.ca by no later than the deadline specified on the Voucher and/or at the time the Voucher is issued by entering the relevant voucher code ("Voucher Code"), and will expire if not applied by this date. If the Voucher is applied before the expiry date, the customer account will be credited by the relevant amount. Unless otherwise provided or specified in the Specific Voucher Terms, any credit must be used within six (6) months of the date on which the Voucher is issued.

C.7. If the order value is more than the Voucher value that has been credited to the customer account, the remaining balance must be paid online using a credit card.

C.8. If the order value is less than the Voucher value that has been credited to the customer account, no change or cash will be given. However, any balance will be left as a credit in the customer account, and may be redeemed against subsequent orders.

C.9. When you use a Voucher you warrant to us that you are the duly authorized recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.

C.10. The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher 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. In particular, Vouchers 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 cancelled.

C.11. Unless otherwise provided or specified in the Specific Voucher Terms:

C.12. The right to use a Voucher is personal to the original recipient and may not be transferred.

C.13. Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;

C.14. Each customer or household is limited to one Voucher per promotion or offer; and

C.15. Each Voucher will be valid for use by a recipient only once;

D. Miscellaneous

D.1. Please note that because of standard banking procedures, your bank or card issuer will initially "with-hold" the full amount of the Order (before any credit or discount) in your account for a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer), and this amount will therefore be unavailable in your account for that period. The credit or discount will be applied at the time your bank or card issuer transfers the funds for your order to us, at which point the credit or discounted amount will not be transferred to us and will instead be released by your bank or card issuer back into your available balance.

D.2. We reserve the right, at any time and in its sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.

D.3. We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.

D.4. All standard terms and conditions from time to time for use of the Website and the Service apply.

D.5. Vouchers may not be exchanged for cash.

E.EGRUB Delivery Terms

E.1. Restaurants will offer either a free delivery charge or a delivery fee indicated on the menu page. Please check the menu page for details of delivery charges for specific restaurants.

E.2. Delivery offers are valid in Canada only on orders placed through www.egrub.ca that meet the minimum order value before tax indicated on the menu page.

F.EGRUB COMPETITIONS

F.1. We reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.

F.2. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.

F.3. The following general terms and conditions (the "General Competition Terms") will apply to all competitions run by EGRUB.

F.4. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.

F.5. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Competition Terms") that will be specified in connection with each competition.

F.6. Any personal data that is collected as part of any EGRUB competition will be processed in accordance with applicable Canadian privacy legislation.

F.7. Competitions are open to individual residents of Canada aged 18 or over, except employees of EGRUB, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.

F.8. All standard terms and conditions from time to time for use of the Website and Service apply.

F.9. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.

F.10. The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein and subject to the exclusive jurisdiction of the courts of Nova Scotia.

F.11. Our decision is final and binding in all matters relating to any competition and no correspondence will be entered into.