Terms and Conditions

Last updated July 29, 2020

1. Agreement to Terms

 

1.1  These Terms and Conditions are effective immediately for users accessing or using the Service or registering Accounts on or after July 29, 2020 and will become effective immediately for users with pre-existing Accounts. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Pickeasy Inc., and Cymbol Labs Inc., both located at 28 Prince Regent St, Suite PH07, Markham, Ontario, L6C 0V5 Canada (“we”, “us”), concerning your access to and use of the PickEasy (pickeasy.ca) website (“the Site”) as well as any related applications (“the Application”).

 

PickEasy provides a service that help users discover restaurants, explore with cuisine, and match with others on food spots (“Services”). You agree that by accessing the Application and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.  

 

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and/or Application and Services and you must discontinue use immediately.

 

1.2  The supplemental policies set out in Section 1.6 below, as well as any supplemental terms and condition or documents that may be posted on the Site and/or Application from time to time, are expressly incorporated by reference. 

 

1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Application represents that you have accepted such changes.  

 

1.4  We may update or change the Site and/or Application from time to time to reflect changes to our products, our users’ needs and/or our business priorities. 

 

1.5  Our Site and/or Application is directed to people of all residencies. The information provided on the Site and/or Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   

 

1.6  Additional policies which also apply to your use of the Site and/or Application include:   

  • Our Privacy Notice as outlined in https://pickeasy.ca/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site and/or Application, you consent to such processing and you warrant that all data provided by you is accurate.   

 

2. Acceptable Use

 

2.1  You may not access or use the Site and/or Application for any purpose other than that for which we make the Site and/or Application and our services available. The Site and/or Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

 

2.2  As a user of this Site and/or Application, you agree not to:  

  • Systematically retrieve data or other content from the Site and/or Application to a compile database or directory without written permission from us  
  • Make any unauthorized use of the Site and/orApplication, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses  
  • Use a buying agent or purchasing agent to make purchases on the Site and/or Application
  • Use the Site and/or Application to advertise or sell goods and services
  • Circumvent, disable, or otherwise interfere with security-related features of the Site and/or Application, including features that prevent or restrict the use or copying of any content or enforce limitations on the use  
  • Engage in unauthorized framing of or linking to the Site and/or Application 
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords  
  • Make improper use of our support services, or submit false reports of abuse or misconduct  
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools  
  • Interfere with, disrupt, or create an undue burden on the Site and/or Application or the networks and services connected to the Site and/or Application
  • Attempt to impersonate another user or person, or use the username of another user  
  • Sell or otherwise transfer your profile 
  • Use any information obtained from the Site and/or Application in order to harass, abuse, or harm another person  
  • Use the Site and/or Application or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise  
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and/or Application 
  • Attempt to access any portions of the Site and/or Application that you are restricted from accessing  
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users  
  • Delete the copyright or other proprietary rights notice from any of the content  
  • Copy or adapt the Site and/or Application software, including but not limited to Flash, PHP, HTML, JavaScript, or other code  
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site and/or Application, or any material that acts as a passive or active information collection or transmission mechanism 
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools  
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site and/or Application 
  • Use the Site and/or Application in a manner inconsistent with any applicable laws or regulations  
  • Threaten users with negative feedback or offering services solely to give positive feedback to users  
  • Misrepresent experience, skills, or information about a user
  • Advertise products or services not intended by us 
  • Falsely imply a relationship with us or another company with whom you do not have a relationship   

 

 3. Our Content

 

3.1  Unless otherwise indicated, the Site and/or Application and Services including source code, databases, functionality, software, website and/or Application designs, audio, video, text, photographs, and graphics on the Site and/or Application (“Our Content”) are owned by us. 

 

3.2  Except as expressly provided in these Terms and Conditions, no part of the Site and/or Application, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

 

3.3  Provided that you are eligible to use the Site and/or Application, you are granted a limited licence to access and use the Site, Application and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

 

3.4  You shall not (a) try to gain unauthorised access to the Site and/or Application or any networks, servers or computer systems connected to the Site and/or Application; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site, Application or Our Content, including the modification of the paper or digital copies you may have downloaded. 

 

3.5  We shall (a) prepare the Site and/or Application and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site and/or Application that contains viruses. 

 

3.6  The content on the Site and/or Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site and/or Application.  

 

3.7  Although we make reasonable efforts to update the information on our Site and/or Application, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site and/or Application is accurate, complete or up to date.  

 

4. Site and Application Management

 

4.1  We reserve the right at our sole discretion, to (1) monitor the Site and/or Application for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site and/or Application or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site and/or Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and/or Application and Services. 

 

4.2  We do not guarantee that the Site and/or Application will be secure or free from bugs or viruses. 

 

4.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and/or Application and you should use your own virus protection software.  

 

5. Modifications to and availability of the Site and/or Application

 

5.1  We reserve the right to change, modify, or remove the contents of the Site and/or Application at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.  

 

5.2  We cannot guarantee the Site and/or Application and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or Application, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and/or Application or Services during any downtime or discontinuance of the Site and/or Application or Services.We are not obliged to maintain and support the Site and/or Application or Services or to supply any corrections, updates, or releases. 

 

5.3  There may be information on the Site and/or Application that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice. 

 

6. Disclaimer/Limitation of Liability

 

6.1  The Site and/or Application and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Application and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and/or Application and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law. 

 

We make no warranties or representations about the accuracy or completeness of the Site and/or Application’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site and/or Application or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site and/or Application by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

 

6.2  Our responsibility for loss or damage suffered by you: 

 

Whether you are a consumer or a business user: 

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  
  • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site and/or Application/Services. 

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of 0 or (b) the amount paid, if any, by you to us for the Services/Site and/or Application during the six (6) month period prior to any cause of action arising.   

 

If you are a business user: 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

  • use of, or inability to use, our Site and/or Application/Services; or  
  • use of or reliance on any content displayed on our Site and/or Application.  

In particular, we will not be liable for: 

  • loss of profits, sales, business, or revenue;  
  • business interruption;  
  • loss of anticipated savings;  
  • loss of business opportunity, goodwill or reputation; or  
  • any indirect or consequential loss or damage.    

 

If you are a consumer user: 

  • Please note that we only provide our Site and/or Application for domestic and private use. You agree not to use our Site and/or Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
  • You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. 

  

7. Term and Termination

 

7.1  These Terms and Conditions shall remain in full force and effect while you use the Site and/or Application or Services or are otherwise a user of the Site and/or Application, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@pickeasy.ca

 

7.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and/or Application and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site and/or Application/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and/or Application and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.  

 

7.3  If we terminate or suspend your account for any reason that is in violation to these Terms and Conditions, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

 

8. Mobile Application

 

8.1  If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.  

 

8.2  For business users only – You will not: 

(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions”; 

(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; 

(c) breach any applicable laws, rules or regulations in connection with your access or use of the application; 

(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;

(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;  

(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;  

(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;  

(h) use the application to send automated queries to any website and/or Application or to send any unsolicited commercial e-mail; or  

(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application. 

8.3  The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services: 

(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service; 

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(d) You represent and warrant that (i) 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and 

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.  

 

9. General

 

9.1  Visiting the Site and/or Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site and/or Application, satisfy any legal requirement that such communication be in writing.  

 

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site and/or Application. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

9.2  These Terms and Conditions and any policies or operating rules posted by us on the Site and/or Application or in respect to the Services constitute the entire agreement and understanding between you and us.   

 

9.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  

 

9.4  We may assign any or all of our rights and obligations to others at any time.  

 

9.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.  

 

9.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

 

9.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site and/or Application or Services. 

 

Applicable Law and Dispute Resolution

 

10.1 These Terms and Conditions are subject to the laws in effect in the province of Ontario. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Toronto, Ontario, Canada and you agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

10.2  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at or by post to: 

 

info@pickeasy.ca and/or info@cymbollabs.ca 

Pickeasy Inc. and/or Cymbol Labs Inc. 

28 Prince Regent St, Suite PH07   

Markham, Ontario L6C 0V5   

Canada

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