LEGAL TERMS AND CONDITIONS
This version in effect since Mon Sep 25 2017.
IMPORTANT: ALL USERS MUST READ AND AGREE WITH THESE TERMS AND CONDITIONS (“AGREEMENT”)
The restaurant (the “Restaurant“) online orders (“Orders“) are taken and processed by SpeedLine Solutions Inc. (“SpeedLine“) for the Restaurant using the SpeedLine online ordering system (the “Service“). This Agreement is between you and SpeedLine. By accessing this Service, and by placing an Order on this Service, you agree to be bound by the terms and conditions of this Agreement. SpeedLine reserves the right to change this Agreement at any time and in its sole discretion. Any changes will be effective upon posting of the revisions and notice of such changes to the Service. Therefore you should frequently, and at least each time you purchase an Order, review this Agreement to understand the terms and conditions that apply.
SpeedLine may, in its discretion, request further information to verify the information you provide. If you pay by credit card, debit card, or other payment service, SpeedLine will obtain authorization for the payment from a third party payment processor. Your order may be delayed until authorized, or cancelled at the sole discretion of SpeedLine if your order is not able to be authorized.
SpeedLine reserves the right to refuse service, cancel Orders, and/or terminate accounts for any reason, including, without limitation, if SpeedLine believes that you have violated this Agreement.
You agree to pay the prices of your Order including applicable taxes. The final charges for your Order are between you and the Restaurant, and may be different than those stated on the Service. The Restaurant may have additional terms and conditions governing the taking and honoring of Orders which are between you and the Restaurant.
Changes, Cancellation, and other Order Issues
All Orders placed on the Service are final. If you wish to change or cancel an Order placed using the Service, or if any food or delivery issues arise with your Order, please contact the Restaurant directly to resolve the matter, which will be between you and the Restaurant. No refunds will be issued by SpeedLine.
Neither SpeedLine nor the Restaurant is responsible for delivery Orders that are undeliverable or not received by the recipient due to your failure to provide accurate delivery information.
Only a person of the age of majority where you live and who can form legally binding contracts under law (or a legal guardian of a minor who authorizes the minor to purchase the Order) may make an Order.
Internet and Mobile Usage Fees
You are responsible for any internet access and mobile data service fees from your service provider that you may incur when using the Service.
SpeedLine owns the Service and the technology it uses to provide the Service. The trademarks, copyright and other intellectual property posted on the Service’s websites are the property of SpeedLine, the Restaurant, or third parties, as applicable. Your use of the Service does not give you any rights to the technology or data used to operate the Service. Nor does your use of the Service grant you any right to use SpeedLine’s, the Restaurant’s, or any third party’s trademarks, copyright or other intellectual property, all of which remain the property of their respective owner.
You will not: (a) use any data mining, robots, or similar data gathering and extraction methods to access the Service; (b) frame any pages or content found on the Service without SpeedLine’s express written consent; (c) reverse engineer, de-compile, disassemble, or attempt to discover the source code of the Service; or (d) willfully probe, tamper with, or breach the security of the Service.
SPEEDLINE’S SERVICE AND THE INFORMATION ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WHILE SPEEDLINE ATTEMPTS TO ENSURE YOUR USE OF THE SERVICE IS SAFE, SPEEDLINE DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR ALWAYS BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FOOD PRICES (INCLUDING DISCOUNTS OR PROMOTIONS), FOOD DESCRIPTIONS AND OTHER INFORMATION, AND INFORMATION ABOUT THE RESTAURANT, ARE PROVIDED BY THE RESTAURANT. SPEEDLINE DOES NOT INDEPENDENTLY VERIFY ANY SUCH INFORMATION, AND DOES NOT GUARANTEE THE ACCURACY OR CURRENCY OF ANY SUCH INFORMATION. SPEEDLINE PROVIDES NO WARRANTY REGARDING THE QUALITY OF THE FOOD OR THE RESTAURANT’S SERVICE, YOUR DEALINGS WITH THE RESTAURANT, OR THAT THE PRICES OR ORDERS WILL BE HONORED BY THE RESTAURANT. SPEEDLINE DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE FOOD, ACTIONS, AND CONDUCT OF THE RESTAURANT OR ANY THIRD PARTIES RELATED TO THE FULFILLMENT OF YOUR ORDER.
Limitation of Liability
SPEEDLINE WILL NOT HAVE ANY LIABILITY TO YOU FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OR INABILITY TO USE THE SERVICE OR ANY ORDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Acknowledgement and Exclusion by Statute in Certain Jurisdictions
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless SpeedLine, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of SpeedLine’s Service, except to the extent caused by SpeedLine’s negligence. Other Important Terms SpeedLine may transfer its rights and obligations under this Agreement to another organization, but this will not affect your rights or SpeedLine’s obligations under this Agreement.
Each of the terms and conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. This Agreement, its subject matter and its formation, are governed by the laws of British Columbia, Canada, without regard to conflicts of law principles that would apply a different body of law. All disputes arising out of or in connection with this Agreement or use of the Service shall be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration shall be Vancouver, British Columbia, Canada. Subject to the foregoing, the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts British Columbia, Canada and all courts competent to hear appeals therefrom with respect to any legal action, suit or proceeding which may be brought at any time relating in any way to this Agreement.