This document, along with the Privacy and Data Protection Policy and any other policies and guidelines posted at www.eatizz.com and/or the Eatizz mobile application (“the Agreement”), is a contract between you (“You”) and 9320-5268 Québec Inc. (“Eatizz”) covering the terms and conditions applicable to your use of the www.eatizz.com website and/or of the Eatizz mobile application, and/or the services offered on that website and/or on the Eatizz mobile application associated therewith (“the Service”). Please carefully read all the following terms and conditions before using the Service. By using or accessing the Service, You accept all the terms and conditions set out in this Agreement. If, at any time, You do not or cannot accept the terms of this Agreement, You must stop accessing and using the Service.
On each of your visits to the Mobile App, you hereby agree to comply with this Agreement applicable to all products and services available on the Mobile App. Accordingly, you unconditionally agree to the Agreement in its entirety prior to any use of the Mobile App and the Service. The simple use of the Mobile App or Service automatically entails your acceptance of the Agreement. We reserve the right to modify this Agreement at any time and without prior notice. Consequently, you are advised to refer regularly to the latest version of the Agreement that you may view on the Eatizz website or on the Mobile App.
The sole purpose of the Service offered to consumers is to inform You, through location-based Advertisements, about promotions/discounts on food products available for sale and to allow you to purchase the products in promotions and/or discounts from merchants registered as partners on the Mobile App and / or the Eatizz website (the "Merchant Partner "). It is expressly understood that Eatizz’s Merchant Partners do not have any partnership, association, franchisor-franchisee relationship, agent-trustee relationship or any other business or legal relationship other than posting products / promotions on The Mobile App and / or the Eatizz website.
An “Advertisement” is a description of a food product with text, pricing and quantity offered.
You may only use the Mobile App or the Eatizz Web Site for lawful purposes. To access the Service, You must download the mobile Mobile App associated with the Service. You understand and agree that Eatizz may stop supporting a given mobile device operating system, in which case You will need to download a compatible mobile device operating system in order to be able to continue using the Service. You also understand and agree that the use of the Service depends on your computer equipment and Internet connection functioning properly, as well as your acceptance of being geolocated by the mobile Mobile App.
In all circumstances, you agree not to permit any third party to use or access the Service.
As a condition to your use of the Service, you agree not to:
Eatizz grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for your own personal purposes as an individual consumer.
You agree that Eatizz may at any time modify the pricing scheme and/or fees attached to the subscription plan and your continuing use or access of the Service shall be deemed to constitute acceptance of such new pricing scheme or fees.
Eatizz will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Eatizz may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. you acknowledge that, although Eatizz has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
You agree to pay Eatizz service fees when you make purchases and/or receive promotional offers from Merchant Partners.
The service fees listed above (the "Service Fee") include transaction costs related to any payment system such as the secure payment Stripe.
You must purchase the products and / or receive promotional offers from Merchant Partners displayed on the Mobile App or the Eatizz website under one of the following two payment methods:
These payment methods are selected by Merchant Partners and are subject to change at any time without notice. Eatizz reserves the right to modify its Service Fees at any time without notice or delay. The Service Fee is always charged on the basis of rates in effect at the time of registration of the Announcement on the Mobile App and / or on the Eatizz website.
By using the Service, you agree that no refund or exchange will be made, any payment being non-refundable. In addition, you understand that you have time to recover the products purchased from the Merchant Partner via the Mobile App and / or the Eatizz website as indicated by email and / or any other notice on the Mobile App or On the Eatizz website and you agree to abide by it. You understand that no refund in any form will be possible if you fail to comply with the time limit to recover your purchases from the Merchant Partner.
As indicated in this agreement, Eatizz is not responsible for any defect or problem of a product sold by any Merchant Partner. If applicable, it is up to you to contact the Merchant Partner directly to see if it is necessary to give you an equivalent or to make a cash refund, being expressly understood that any payment made to Eatizz is non-refundable.
All amounts referred to in this Agreement are in Canadian dollars plus applicable taxes.
You may stop at any time to your utilization by cancelling your mobile application. Eatizz also reserves the right to suspend or end the Service at any time at its discretion and without notice. For example, Eatizz may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause Eatizz legal liability, disrupt the Service or disrupt others' use of the Service.
Eatizz reserves the right to temporarily or permanently discontinue the Service at any time. Eatizz will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, Eatizz will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. Eatizz shall have the right to terminate immediately, without notice, and to disable your account.
All right, title, and interest in and to the Service are and will remain the exclusive property of Eatizz and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Service.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, EATIZZ MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. EATIZZ PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, EATIZZ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL EATIZZ AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF EATIZZ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT EATIZZ IS FOUND LIABLE TO PAY YOU ANY DAMAGES, EATIZZ's TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Information on website and Mobile application: Without limiting the generality of the foregoing, Eatizz cannot guarantee the accuracy or completeness of Advertisements. Eatizz, and merchants, may change the content of the Service, including the products and prices described and stated therein, at any time, without prior notice. Service content may become outdated. Eatizz makes no commitment to update such content.
Information contained in Advertisements: Merchants that use the website are required to rigorously copy the name, description and price of the items, along with any allergy warnings and other relevant information. Eatizz is not, under any circumstances, liable if such information is inaccurate. If You have any doubts about allergy warnings, food ingredients or any other product information, You must inquire directly with the merchant in question.
Acts or omissions by merchants: Purchases of products are between You and the merchant at the location indicated in the Service. Eatizz has no control over the acts or omissions of merchants. Without limiting the generality of the foregoing, You understand and agree that when You use the Service:
You understand and agree that the Mobile App acts as a simple intermediary between you and the Merchant Partners and is not responsible in case of bad categorization and description of the products proposed by Merchant Partners.
You understand and agree that the information on the Mobile App or on the Eatizz website, including, but not limited to, descriptions by Merchant Partners of their business, locations, conditions and offers on the Mobile App or on the Eatizz website, are provided to us by Merchant Partners.
As a simple intermediary, Eatizz is under no obligation at any time to verify the accuracy of the information on the Mobile App provided by the restorers.
Eatizz shall bear no responsibility whatsoever in the event of incorrect, wrongful or negligent categorization of products, whichever it may be, including and without exclusion, those related to eating styles, diets, or any existing food allergies. For these purposes, categorization of products means the following categories, which are in no way exhaustive and which should serve only for a better understanding of this exclusion of liability: Vegetarian, Vegan, Peanut Free, Gluten Free, Lactose Free, Halal, Kosher and Organic.
Consequently, Eatizz cannot in any way be held liable towards yourself, any user of Eatizz’s services, any consumer or any other person whatsoever for any and all damages (direct, indirect, incidental, special, exemplary or punitive) arising directly or indirectly from any incorrect, wrongful or negligent categorization of products, including and without exclusion, eating styles, diets or any existing food allergies.
You agree to defend, indemnify, and hold harmless Eatizz, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.
Eatizz may amend this Agreement, or any clause of this Agreement, at any time, in whole or in part. Eatizz will make commercially reasonable efforts to give notice of such amendments before they come into force. You may refuse such amendments by ceasing to access or use the Service. The refusal of an amendment results in the termination of this Agreement, the automatic deactivation of your account and denial of access to the Service.
This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
Only the French and English languages shall be considered authentic, valid and taken into consideration for any purpose of interpretation.
The Parties agree to do their utmost to resolve any dispute arising out of the interpretation, execution and / or termination of this Agreement and resolve their dispute before a competent arbitrator in Montreal.
If no amicable agreement is possible, the dispute shall be submitted to the exclusive jurisdiction of the Courts of Montreal, Province of Quebec, Canada even in the case of an incidental demand or guarantee claim or a plurality of defendants.
This Agreement is the entire and exclusive agreement between Eatizz and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Eatizz and you regarding the Service.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Eatizz, which consent, is within Eatizz's sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Eatizz shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and Eatizz.
Without limiting the generality of the preceding, Eatizz shall not be liable for the failure to execute all or part of its obligations, in any way whatsoever, towards you or your business, nor for damages or losses that you may have incurred, if the failure, damages or losses result from an event of force majeure or from circumstances beyond one’s control.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.
If you have any concern, question or complaint regarding this Agreement, please contact Eatizz at:
The current Agreement last update was July 17, 2017.