Terms & Conditions

PERFORM MEDIA INC. (“UEAT”, “WE” OR “US”) WEBSITE TERMS OF USE (“WEBSITE TERMS”)
IMPORTANT LEGAL NOTICE
Welcome to uEat.ca - please carefully read the following terms and conditions (“Website Terms”). 
Your use of this web site and purchase of a uEat.ca restaurant meal (hereafter referred to as “Meal”) through this web site is conditional upon your acceptance of these Terms and Conditions and all policies outlined on all uEat.ca websites including www.uEat.ca  (referred to hereafter as “web site”). 
BY USING THE WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND ALL POLICIES ON THIS WEB SITE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE
Before ordering any products from our Website you must register and open an account with us. We cannot take your order and providing a receipt without knowing vital information about you, specifically, your identity, your payment method and details, and your contact information. You should understand that by ordering products via the Website, you agree to be bound by these Website Terms.
The information on this legal notice may be updated / revised / edited without notice at any time. As such, we recommend that you review this information periodically to ensure that you are up-to-date with our legal disclaimers and all terms & conditions, as they are binding and address vital rules, regulations and stipulations. Certain provisions of this legal notice may be superseded by explicitly designated legal notices or terms located on particular pages on the Website.
1. ABOUT US
1.1 Perform Media Inc. is a company registered in Ontario, Canada with registered company number 2348616, whose registered office is at 183 Bathurst St, Suite 302, Toronto, Ontario, M5T 2R7.
1.2 uEat Canada provides a way for you to communicate your orders to delivery restaurants (“Delivery Restaurants”) displayed on http://uEat.ca (the “Website”), (the “Services”).Please see paragraph 9.2 below for a description of the legal relationship between you, uEat and the Delivery Restaurants.
1.3 You may access some areas of the Website without making a uEat order, and registering your details with us. Most areas of the Website are open to everyone.
1.4 These Website Terms are a binding agreement between you, as user of the uEat Services and the Website, (referred to herein as “you”) and uEat. By accessing any part of the Website, you acknowledge and agree that you accept these Website Terms. If you do not accept these Website Terms, you must leave the Website immediately.
1.5 uEat may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you.
1.6 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2. LICENCE
2.1 Unless otherwise stated, the copyright and other intellectual property rights in the Website and in any and all material published on it (including without limitation photographs and graphical images) (collectively, the “Website Materials”) are owned by uEat or uEat’s Delivery Restaurants or other licensors. The Website Materials are protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada and world-wide, and all rights therein are reserved. For the purposes of these Website Terms, any use of the Website Materials other than in accordance with this Section 2 is prohibited.
2.2 You are only permitted to print and download extracts from this Website for your own personal use in association with the Services, and on the following basis:
2.2.1 You shall not modify the digital or paper copies of the Website Materials that you print off and/or download in accordance with paragraph 2.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
2.2.2 You shall ensure that the status of uEat and/or the applicable Delivery Restaurants as the authors of the Website Materials is always acknowledged.
2.3 Except as stated in paragraph 2.2, you shall not copy, reproduce, modify, republish, distribute, transmit, display, frame, download or sell the Website or the Website Materials in any form or by any means, in whole or in part, without uEat’s prior written consent.
2.4 You shall not use the Website or the Website Materials for commercial purposes without obtaining a specific licence from uEat to do so.
2.5 Except as stated in paragraph 2.2, no part of this Website may be reproduced or stored in or on any other website or included in any public or private electronic retrieval system or service without uEat’s prior written permission.
2.6 Any rights not expressly granted in these Website Terms are reserved.
3. CONTENT CONTROL
3.1You are fully permitted to share the content of our Website with your friends so long as you use the sharing tools that are provided to you on the Website and within your account options. We also permit you to print, share, and/or distribute the content of our Website with your friends, provided that:
a. no documents or related graphics on the Website are modified in any way;
b. no graphics on the Website are used separately from the corresponding text; and
c. our copyright and trademark notices and this permission notice appear in all copies. 
Unless otherwise stated, all copyright and other intellectual property rights relating to all materials on this Website (including text, documentation, graphical images, and photographs) are the sole property of uEat.ca and/or our licensors. As such, any illegal or previously authorized use, extracts, or distribution of the material contained on the Website and these Terms and Conditions is strictly prohibited If you breach any of the terms in this legal notice, your permission to use the Website will automatically terminate and all obtained materials from this Website will immediately be destroyed.
Subsequent to these Terms and Conditions, no textual, graphical, conceptual or functional part of the Website may be digitally or otherwise reproduced, stored, or distributed on any other form of media, document and/or communication available either via public or private media without prior written permission from uEat.ca
uEat.ca reserves any rights that are not expressly granted under these Terms and Conditions. 
4. ACCESS TO THE WEBSITE AND SERVICES
4.1 While uEat tries to ensure the Website is normally available twenty four (24) hours a day, uEat shall not be liable if the Website is unavailable at any time or for any period.
4.2 Access to the Website may be suspended temporarily and without notice.
4.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although uEat will take steps to protect your personal information and other information you transmit to us, uEat cannot guarantee the security of the data transmitted to the Website and any and all transmission of information is at your own risk.
5. VISITOR MATERIAL AND CONDUCT
5.1 Other than personally identifiable and payment information, which is governed by the uEat Privacy Policy, any materials, comments, feedback or other content you transmit or post to the Website (the “Submissions”) will be considered non-confidential and non-proprietary.  uEat reserves the right to store this data on its servers.  uEat will have no obligations with respect to the Submissions. By posting Submissions to the Website, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to the Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions to the Website. Furthermore, you hereby grant to uEat 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 Submissions, 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 uEat with respect to any and all moral rights in the Submissions held by any individuals who may be authors of such Submissions.  uEat and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
5.2 You are prohibited from posting, uploading or transmitting to or from this Website any Submissions or other material that can be considered as:
5.2.1 breach any applicable local, national or international law;
5.2.2 are unlawful or fraudulent;
5.2.3 amount to unauthorised advertising;
5.2.4 contain viruses or any other harmful programs;
5.2.5 contain any material that is;abusive,blasphemous, defamatory, discriminatory, indecent, inflammatory, menacing, obscene, offensive, pornographic, racially discriminatory, scandalous, seditious, threatening, negatively provocative, or any behaviour which may infringe, inconvenience, invade another’s privacy or cause discomfort (whether physical or psychological) to any other individual or the rights of that individual or entity or otherwise contrary to your or uEat.ca operations local laws and statutes.
5.2.6 promote violence;
5.2.7 infringe the intellectual property rights of another person;
5.2.8 breach any legal duty owed to a third party (such as the creation of works for hire or a duty of confidence);
5.2.9 encourages illegal activity, conduct and/or a criminal offence;
5.2.10 give the impression that they originate from us; or
5.2.11 could be used to impersonate another person or to misrepresent your affiliation with another person.
5.3 You may not transmit to uEat.ca any data which may be deemed to be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, via hacking into our servers/data centers).
5.4 The prohibited acts listed in paragraph 5.2 above are non-exhaustive. uEat in its sole discretion, reserves the right to review, edit and/or remove any Submissions. Notwithstanding the foregoing, you hereby agree to defend, indemnify and hold harmless uEat and 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 Submissions, and/or your breach any of the restrictions in paragraph 5.2.
5.5 uEat will fully co-operate with all law enforcement authorities or court order requesting or directing us to disclose the identity or locale of anyone posting any material in breach of these Terms and Conditions.
6. SUSPENSION AND TERMINATION
6.1 If we determine, (at our absolute discretion) that there has been a breach of these Terms and Conditions based on your interactions with our Website, we may take such action as we deem appropriate to restrict, suspend, or terminate your access to our Website which includes, but is not limited to contacting the local law enforcement authorities and taking actions against you in court of law.
6.2 The following actions are typical of our responses to the breach of these Terms and Conditions and/or all other policies contained on our Website:
a. Suspension or termination of your rights and access to use our website.
b. Immediate deletion of any material that is posted, uploaded, or transmitted by you to our Website
c. If a suspension or termination is determined to be excessive, a warning will be issued notifying you in writing (including by email) explaining your actions and how they are in breach of our Terms and Conditions and/or other policies
d. Take legal actions against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
e. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. 
We will not be held liable for any actions taken in response to your breach of our Terms and Conditions. uEat.ca reserves the right to use other responses which it may deem appropriate that are not already specified in sections a-e above.
6.3 Upon termination or suspension of your right to use the Website, you must immediately destroy any downloaded or printed extracts from the Website.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller(s) and/or Vendor(s). As part of orderly delivery of service, we may disclose your customer information related to the order that you have purchased for the Meal to the Vendor.
7.2 Links to third party websites, including websites of our Delivery Restaurants, (the “Third Party Sites”) on the Website are provided solely for your convenience. If you use these links to Third Party Sites, you will leave this Website.  uEat has not reviewed all of these Third Party Sites and does not control (and is not responsible for these Third Party Sites or their content or availability).  uEat does not endorse or make any representation about the Third Party Sites, the material on them, and is not responsible for any results that arise from using the Third Party Sites. If you decide to access any of the Third Party Sites, you do so entirely at your own risk.
7.3 You may link to the Website homepage from a website owned by you, provided that you do so in a fair and legal way which does not damage uEat’s reputation or take advantage of it. uEat is not required to compensate you in any way for linking to the Website.
7.4 You must not establish a link to the Website from a website that is not owned by you or in a way that suggests a form of association with or endorsement by uEat where none exists.
7.5 The website from which you link to the Website must comply with the content standards set out in these Website Terms.
7.6 uEat has the right to withdraw the linking permission at any time and for any reason, in its sole discretion.
8. DISCLAIMER
8.1 While uEat tries to ensure that information on the Website is correct and current, we do not promise it is always accurate, current or complete.  uEat may make changes to the material on the Website, or to the Services and prices described in it, at any time without notice. The material on this Website may be out of date, and uEat makes no commitment to update that material. In particular, we do not guarantee that the information provided by the Delivery Restaurants and displayed on the Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
8.2 uEat provides you with access to the Website and the Services on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to the Website and the Services).
8.3 uEat does not warrant that the Website or any Website content will be uninterrupted or error-free, that defects will be corrected or that the Website or the web server hosting the Website will be free of viruses or other harmful components.
8.4 You are responsible for the security of your password that you used to register with the Website. Unless uEat negligently discloses your password to a third party, uEat will not be liable for any unauthorised transaction entered into using your name and password.
8.5 PLEASE NOTE: Whilst uEat goes to great effort to provide accurate information, item names, descriptions, prices, heat and allergenic warnings on this website, the menus are ultimately provided by the restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering.
9. LIABILITY AND INDEMNITY
9.1 uEat, and any of our affiliated companies and the officers, directors, employees, shareholders or agents of any of them, shall not be liable or responsible for any amount or kind of loss or damage that may result to you or a third party (including but not limited to any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable or if uEat is expressly advised of the possibility of such damage) in connection with the Services, the Website or in connection with the use, inability to use or the results of use of the Website, any Third Party Sites or the material on such Third Part Sites.
9.2 uEat takes full responsibility for the content of the Website and for the communication of orders to the Delivery Restaurants as set out in these Website Terms. uEat’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable efforts to resolve any problems or concerns arising from the submission of your orders to Delivery Restaurants via the Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Delivery Restaurants that you place your order with and not with uEat. Any warranties or undertakings with respect to food and beverage quality or delivery times shall be provided to you directly by the applicable Delivery Restaurants.  uEat cannot give any undertaking that the food and beverages ordered from Delivery Restaurants through the Website will be of satisfactory quality and any such warranties are disclaimed by uEat. Neither can uEat give an undertaking that the estimated delivery and collection times stated on the Website are accurate. These disclaimers do not affect your statutory rights against the Delivery Restaurants.
9.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from uEat’s negligence, nor uEat's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in the Website Terms affects your statutory rights.
9.4 With the exception of any liability referred to in paragraph 9.3 above, uEat’s total liability to you in relation to your use of the Website and the Services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or CDN $100.00, whichever is the lower.
9.5 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall assume all associated costs.
9.6 You agree to defend, indemnify and hold harmless uEat, 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. uEat reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by uEat.
10. GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Ontario.
11. ADDITIONAL TERMS
11.1 We are committed to protecting your privacy and security. All personal information that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is hereby incorporated into these Website Terms and is available.
11.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will continue to apply.
11.3 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.
11.4 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 business that we enter into a joint venture with, purchase or are sold to.
11.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
12. YOUR STATUS
12.1When registering for membership on uEat.ca, your registration is for a single user only. As such, it is against our policy for more than one (1) individual to be using the same registration. This is due to the fact that we use the information you provide during your registration to process all purchases made on our Website and to associate those purchases with your personal information. As such, we will not be held responsible for any user making purchases using the account login credentials sign-in and registration of another individual on our Website. We do not permit you to share your user name and password with any other person nor with multiple users on a network. It is YOUR responsibility to maintain the security of the password which is issued to you by uEat.ca.
12.2 By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old(or age of majority within the jurisdiction in which you reside).
(c) You grant us an irrevocable non-exclusive license to use for any purpose any content you post on our web site or otherwise communicated to us via any medium.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using 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 our 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.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15. SEVERABILITY
If any of these terms and conditions 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.
16. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
17. QUESTIONS AND CONCERNS
If you have any questions or concerns about these Terms and Conditions or any part of uEat.ca’s policies please contact: us. We will respond to your query within 5 business days.
18. REFUND POLICY
18.1 How do I get a refund if my food wasn't delivered and I paid by card.?
Here is how you do it:
1. Get your order number ready (or your order details such as the restaurant name and the time you placed the order at)
2. Give us a call on 1.855.224.88328 and let us know. After we have confirmed with the restaurant that the order was not delivered, we will refund your money.
18.2 The food was really bad quality. How do I get a refund?
That is the restaurant's responsibility and it's always better to give them a call instead. Very often they will be happy to offer you a discount or some kind of compensation if they know you were not satisfied with your food. There is unfortunately nothing uEat.ca can do regarding compensations for the quality of food.
18.3 I placed two orders but only one went through. How come I was charged twice? How can I get a refund?
This is unusual but can happen for various reasons such as closing your browser while the payment is being authorised.
Please give us a call on (855) 224 8328 from 9.00 to 17.00 (Monday to Friday) and we'll check our payment records and refund you the money that was paid by mistake.
18.4 I was due a refund but I never received it. What can I do?
Please check first to see if the money was ever taken out of your account. When you make an online purchase, the money is reserved as pending but not taken out of your account. If a request for a refund is sent on the same day, it is possible that the reservation gets cancelled and therefore the money will simply stay in your account. Your statement will therefore
not reflect any refund. However if your money has been taken out of your account and you have not received a refund, contact us immediately so we will assist in getting you the refund.