Grabb Terms of Service

Grabb Terms of Service:

Grabb Mobile Inc. (“Grabb” or “we”) facilitate the order and payment process between Customers (“Users” or “you”) and restaurants participating with Grabb (“Merchants”) in offering Grabb order and payment services (the “Services”) through the Grabb website (“Website”) and the Grabb iPhone, Android, and BlackBerry applications (the “App”). These Terms of Use apply to any current or future versions of the App.

The following Terms of Use is a legal agreement between you and Grabb Mobile Inc. By using Grabb in any way including, but not limited to, viewing the list of Merchants, browsing menus, submitting orders and payments, browsing the Website, and sharing information regarding Grabb, you are agreeing to the terms set forth in this document. If you do not agree and accept these terms, do not proceed with using the App, Website or the Services. These Terms of Use may change from time to time, and you agree to be bound by any such changes when posted on the Website and/or made available on the App. We encourage you to periodically review the Terms of Use to keep up to date with any modifications.

User License:

Grabb provides you with a personal, non-transferable, non-exclusive and revocable license to download, use, and share the App, in accordance with these Terms of Use, for your personal, non-commercial benefit. You may not infringe upon any copyright or distribute any information obtained from Grabb, the Website or the App as your own, nor use the Website or App for any purpose that is unlawful or prohibited by these Terms of Use. Except for this licence granted to you, Grabb retains all right, title and interest in and to the App and Services, including all related intellectual property rights.

Overview of Service:

The App allows customers to order and pay for meals with Grabb Merchants.

1. When you launch the App, you will be able to browse a list of Merchants to order from. In order to browse the list of Merchants, Users do not need to create an account, but must adhere to these Terms of Use. The User is given the approximate distance and walk time to each Merchant on the list.

2. After the User selects a Merchant, the User can browse the Merchant’s menu, select items to order, customize their order, and add specific instructions for the order to the Merchant. Upon checkout, Users will receive an “Order Summary” and can review their order and proceed to payment. In the “Order Summary”, the User will be provided with an estimated completion time. Such completion time is only an estimation, and Grabb is not responsible or liable for inaccuracies.

3. If it is a User’s first time using the App, the User will be prompted to create an account by providing personal information and credit card information. This process is explained further in the section “Registration” below.

4. The User is responsible for ensuring the order is correct before payment. When the User clicks the “Order and Pay” button in the “Order Summary”, the User is committing to pay the full amount due. The User cannot cancel, modify, or change the order items or any order instructions once the “Order and Pay” button has been clicked. Once the order has been processed successfully, the User will arrive at an order confirmation screen, outlining their order details and their order confirmation number. If the order is not processed successfully, the User will receive a notification via the App indicating that the order was unsuccessful. The information provided, including credit card information, must be valid to obtain payment for your order. If payment is not received, your order will not be processed.

5. The User will receive a notification via the App once the order is complete and ready for pick up. The User is responsible for picking up their order from the Merchant they placed the order with within 30 minutes of receiving the notification that the order is complete. If the User fails to pick up their order within such 30 minute period, the User will be considered to have voluntarily forfeited their order and Merchant has the right to dispose of their order, as determined in the Merchant’s sole discretion. The User agrees that he or she will not be entitled to any refund if the order is voluntarily forfeited.

6. In accordance with each Merchant’s hours of operation, which may vary from time to time at the sole discretion of the Merchant, the User will not be allowed to place an order: (a) before the Merchant’s open time; and (b) on or within 30 minutes prior to the Merchant’s closing time.

Registration:

To place an order and pay using the App, the User will be required to create an account. Creating an account will require the User to provide Grabb with certain personal information. All information provided will be treated in accordance with Grabb’s Privacy Policy (which can be found here , the terms of which are incorporated by reference herein. We encourage you to read and become familiar with Grabb’s Privacy Policy. In the creation of an account, the User agrees to:

(a) provide information which is true, accurate, current and complete; and

(b) maintain and update the User’s personal information to keep it true, accurate, current, and complete.

Upon creating an account with Grabb, the User will be sent an email confirmation. Upon placing an order with Grabb, the User will be sent an email receipt and confirmation, summarizing the order and the total amount charged to their credit card. The User may opt-out of receiving any newsletters or promotions offered by Grabb via the unsubscribe list presented in such emails.

The User will also be required to provide credit card information. This credit card information will be saved on the secured and encrypted servers of Grabb’s payments gateway processor to provide maximum security for this information.

The User is responsible for maintaining the security and confidentiality of their account and password details, providing Grabb with current and accurate account information, and is responsible for all activity associated with his or her account. If the User suspects any unauthorized use of its account or any other breach of security, the User is responsible for notifying Grabb immediately. The User is responsible for keeping their account information secure. Grabb will not be liable for any injury, loss, or damage, arising from any User’s negligence of their account security. This includes forgetting to log out of the account, providing login details to others or other acts or omissions of the User affecting the User’s account security. However, the User may be held liable for any losses incurred by Grabb or another party to someone else using the User’s account or password.

Eligibility:

To be eligible to use the App and Services, the User must:

– Create an account with information that is true, accurate, current, and complete;
– Be at least eighteen (18) years of age; and – Be the valid owner of the credit card or must have the express consent to use the credit card and agree to the credit card information being stored by Grabb’s payments gateway processor for repeat use of the Services.

User Conduct, Responsibilities and Warranties:

While using the App and Services, the User agrees that he or she is prohibited from engaging in or assisting others to engage in any activity that, in Grabb’s sole discretion, (1) disrupts or threatens the integrity, operation or security of the Website, App or Services, (2) elicits complaints from other Users, (3) is contrary to any law, regulation or public policy, or (4) is otherwise reasonably considered to be objectionable.

Examples of such prohibited activity include, but are not limited to:

– Attempting to gain unauthorized access to other User or Merchant accounts;
– Attempting to reverse engineer, or cause any harm to the Grabb Website, App or any software of Grabb, including transmitting viruses, attempting SQL injections, or any other disruptive or destructive activities; and
– Interfering with another User’s use and enjoyment of Grabb, or with the business of the Merchant or its employees, contractors or other customers.

The User agrees to be responsible for:

– Complying with the terms of service or terms of use of, (1) the smartphone or other device on which he or she is using the App, and (2) his or her applicable wireless carrier;
– Ensuring and confirming that the order is accurate and corresponds with the User’s desired order;
– Acknowledging that once the User has clicked the “Order and Pay” button, the order cannot be cancelled, modified, or refunded; and
– Collecting the order within 30 minutes from the time the order is successfully processed as indicated on the order confirmation and within the Merchant’s hours of operations.

Promotion Codes:

At its sole discretion grabb may award account credits or discounts in the form of promotion codes (“promo codes”) to new and existing users, subject to any additional terms that Grabb establishes on a per promotional code basis. Grabb may award promo codes as percentages or dollar amount.

You agree that Promo codes must be used for the intended purpose and audience in a manner which does not conflict with this Terms of Service. Promo codes may not be duplicated, sold, abused, transferred in any manner, or made available to the general public (whether posted in a public forum or otherwise) unless expressly permitted by Grabb.

Promo codes may be disabled by Grabb at any time for any reason without liability to Grabb. Promo code credit is subject to expire if the User is inactive for more than two weeks. Promo codes are not redeemable for cash.

User agrees to indemnify Grabb against all loses and damages that may occur due to human error, technical error, oversight or any other error while using promo codes.

Grabb reserves the right to withhold, deduct or revoke credits, discounts, or other benefits that Grabb finds or believes to have been obtained fraudulently, illegally, or through any method otherwise deemed inappropriate by Grabb with no recourse for the user.

Grabb reserves the right to charge users designated payment method registered with Grabb for the full amount redeemed by credits or discounts retroactively should Grabb find or believe that a user has used a promo code that was fraudulently obtained, obtained illegally, abused, obtained by causing or exploiting technical fault with Grabb, or any other means deemed inappropriate by Grabb.

Price, Payment, and Refunds:

The credit card associated with the User’s account will be charged the total amount presented on the “Order Summary” page. The total price will include the sum of all order items and applicable taxes. There is no automatic gratuity added, and there is no markup on restaurant prices. Should a restaurant choose to add a service fee, it will be displayed in the “Order Summary” page. All order fees will be explicitly set out in the “Order Summary” page.

Once the “Order and Pay” button has been clicked, the order cannot be cancelled, modified, or refunded. If the User fails to pick up the prepared meal within 30 minutes of receiving the notification via the App that the order is complete, the User will be considered to have voluntarily forfeited their order, the User will be charged and Grabb cannot issue a refund. Further, if the User is in any way unsatisfied with the order, Grabb cannot issue a refund.

In the circumstance where a Merchant cannot fulfil your order, the Merchant will notify the User by phone and Grabb will issue a refund to the User in full. Please allow 7 – 10 business days for the refund to be processed on your credit card. Except in this limited circumstance of a Merchant being unable to fulfill your order, all sales via Grabb and the App are final and no refunds will be issued.

Grabb employs credit card verification to all cards that are added or used to ensure all credit card information is accurate and correct. This process is initiated by the payment gateway. Please visit this link to learn more.

Termination:

Grabb reserves the right to modify, suspend, disconnect, or discontinue providing services on its Website, App or otherwise at any time, without written notice. Grabb also reserves the right to stop featuring any Merchant, without notice and at any time. The User has the right to terminate the Services, and its Grabb account at any time by emailing support@grabb.ca to delete such User’s Grabb account and account information.

Grabb reserves the right to delete, block, or ban any User’s account immediately and without notice should the User be found to be guilty of violating any terms of this agreement. If the User has been banned from using Grabb, the User is not allowed to re-register for Grabb.

Grabb may retain non-personally identifiable, [aggregated] User account and order information for its research and analytics purposes or for necessary business purposes, including fraud or abuse prevention.

Disclaimer of Warranties:

1. All pick-up times provided are estimates. Grabb does not warrant that the order items will be ready for pick-up at the specific time provided.

2. All distances provided are estimates only. Grabb does not guarantee that the distance you will walk or drive will correspond with the distance provided by the App.

3. Grabb does not warrant that the Merchant will be operating at all times during the hours of operation stated in the App. The Merchant may be closed under certain circumstances, including holiday hours or other circumstances determined in the Merchant’s sole discretion.

4. Grabb does not warrant that menu items or prices are complete, current, or accurate. All menus featured on Grabb are provided on an AS-IS basis. Menus are subject to modification at any time without notice.

5. THE INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED BY GRABB ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE SERVICES, WEBSITE AND APP ARE AT THE USER’S SOLE RISK. GRABB DOES NOT WARRANT THAT THE SERVICES WILL BE WITHOUT CONFLICT, INTERURRUPTION, OR ERROR. GRABB DOES NOT MAKE ANY WARRANTIES OF ANY KIND THAT THE ORDER ITEMS WILL BE OF CERTAIN QUALITY OR ACCURACY. GRABB MAKES NO REPRESENTATIONS, WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. INFORMATION ON THE WEBSITE OR APP MAY BE CHANGED OR UPDATED WITHOUT NOTICE. ADDITIONALLY, IN THE EVENT ANY UNAUTHORIZED ADDITIONS, DELETIONS OR ALTERATIONS ARE MADE TO THE WEBSITE OR APP BY A THIRD PARTY, GRABB SHALL NOT HAVE RESPONSIBILITY OR LIABILITY FOR SUCH INFORMATION OR CONTENT.

Indemnity

The User agrees to defend, indemnify, save and hold harmless Grabb and its successors, assigns, directors, officers, employees, contractors, agents and representatives from and against any and all claims, demands, suits, actions, causes of action and liability, for damages, losses, costs and/or expenses (including legal fees and disbursements) (“Claims”) arising out of or in connection with your use of the Services, Website or App, including any alleged or actual infringement of intellectual property, any violation of these Terms of Use, or any other acts or omissions associated with Grabb.

Liability

Grabb is only responsible for order taking and payment processing, while interaction during the pickup process is the sole responsibility of the Merchant. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRABB SHALL NOT UNDER ANY CIRCUMSTANCES, INCLUDING GRABB’S OR ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES’ SIMPLE NEGLIGENCE BE LIABLE OR OBLIGATED IN ANY MANNER FOR ANY EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM USE OF THE SERVICES, WEBSITE, APP, ANY HYPERLINKED WEBSITE OR THIS AGREEMENT REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT, CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE, AND WHETHER ARISING FROM A FUNDAMENTAL BREACH OR A BREACH OF A FUNDAMENTAL TERM, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS, OR DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DESTRUCTION OR DELETION OF DATA, VIRUSES OR DELAYS IN OPERATION OF TRANSMISSION. OUR EXCLUSIVE REMEDY AND GRABB’S SOLE LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL BE FOR DIRECT DAMAGES ONLY AND, EXCEPT IN THE CASE OF DEATH, BODILY INJURY AND PHYSICAL DAMAGE TO PROPERTY, WHOLLY CAUSED BY GRABB’S NEGLIGENCE, SHALL NOT EXCEED TEN CANADIAN DOLLARS (CAD$10.00).

Links to Other Websites

Grabb makes no representations about other external websites accessed by you through the Website or App. When you access an external website, you acknowledge Grabb has no control over the content on the external website. A hyperlink to an external website does not mean Grabb endorses or accepts any responsibility for the content or use of such linked site. If you decide to access or use (including downloading of any content from) such external website, you do this entirely at your own risk.

Intellectual Property & Licensing

Terms of Permitted Use:

1. Grabb retains ownership of all intellectual property, trademarks, and copyrighted material applicable to the App and Website, which is protected by laws in Canada and around the world.

2. You are permitted to use the App and Website for personal use only. You may not copy, extract, snippet, duplicate, modify, reproduce, republish, redistribute, transmit, frame, recreate, or sell any pages and/or excerpts of the App for personal or commercial use in any form.

3. You must not misuse the App or Website, including but not limited to, reverse engineering, hacking, injecting, modifying, reproducing, or scraping any part of the App or Website.

4. You are permitted to share the App and Website with other parties for personal use through email or social media.

Copyright Protection:

1. The copyright and intellectual property of the App and Website, and any material published on same belong to Grabb, Grabb’s partnering Merchants, or other approved third-party licensors. This material is protected by copyright laws, trademark laws, and other intellectual property laws and treaties, as applicable in Canada and in other countries around the world.

2. Copyrighted material includes, but is not limited to, all software, webpages, source code, photographs, and graphical images applicable to the App and Website.

3. Trademarks, logos, marks, and names of Grabb, may not be used in connection with any company, product, service, that is not Grabb or owned and controlled by Grabb.

4. All other trademarks not owned by Grabb that appear on the App or Website are the property of their respective owners, who may or may not be currently affiliated with or sponsored by Grabb.

5. Any use of the materials on the Grabb Website for commercial use must first be approved and granted a license by the copyright holder, including Grabb or its Merchants. You are not allowed to use any materials on the Grabb Website for commercial use without written approval from the copyright holder, including Grabb or its Merchants.

Service Access under License:

1. Grabb does not guarantee or have an obligation to make the App or Website available at any or all times and will not be liable if the App, Website or Services are unavailable at any time.

2. Grabb reserves the right to suspend or discontinue continuation of any Service or the use of or access to the App or Website without prior notice.

3. Grabb will take all necessary precaution to protect your information, as outlined in the Grabb Privacy Policy, but Grabb cannot guarantee the security of your data transmitted through the App or Website, which you agree to use at your own risk.

General and Additional Terms

Privacy Policy:

Your privacy and security are important to Grabb. All personal information that is collected and processed is outlined under the Grabb Privacy Policy.

Severability:

If any of these Terms of Use are determined by governing authorities to be invalid, unlawful, or unenforceable to any extent, such term will to the applicable extent, be severed from the remaining terms. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement:

These Terms of Use constitute the entire legal agreement between you and Grabb, superseding all previous discussions, correspondence, negotiations, understandings, and prior agreements regarding Grabb regarding the subject matter herein.

No waiver:

The failure or delay of Grabb or you in exercising or enforcing any provision or right in whole or in part of these Terms of Use will not constitute a waiver of said provision, and will not be interpreted as a waiver of Grabb’s rights or your rights or applicable remedies.

Transfer of Responsibilities:

All rights, obligations, and responsibilities that you accept under these Terms of Use cannot be transferred or assigned without prior written consent from Grabb. Any rights, obligations, and responsibilities under these Terms of Use may be transferred by Grabb at any time without your consent, to any

Grabb partners, affiliates, joint ventures, or party that Grabb enters into a venture with or is sold to.

Headings & Construction:

The headings and titles in this Terms of Use are for convenience only and shall not affect their interpretation or carry any contractual or legal effect. Language in these Terms of Use shall be interpreted in accordance with its fair meaning.

Governing law and jurisdiction:

The App and Website are created by Grabb in the Province of Ontario in the Country of Canada. You agree that these Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to any conflicts of law provisions. Any disputes or claims regarding these Terms of Use will be subject to the exclusive jurisdiction of the courts of Ontario. You agree that all legal proceedings arising with regards to these Terms of Use must be filed in a federal or provincial court located within the Province of Ontario. You agree to the exclusive jurisdiction of the courts of Ontario.

Reserved Rights:

Any rights not expressly granted in this Agreement, in the App, or on the Website are reserved by Grabb Mobile Inc.

Questions? Feel Free to Contact Us at support@grabb.ca