Last revised: March 15, 2022
9206-6802 Qc inc (Chez Victor) owns and operates this website and application. If you continue to browse and use this site, you are agreeing to comply with and be bound by the following terms and conditions of use governing the relationship between THE RESTAURANT and you with respect to this site.
THESE TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE (THE "SITE") AND MOBILE APPLICATION ("MOBILE APPLICATION") OF THE RESTAURANTS ("RESTAURANT"), INCLUDING ANY CONTENT AND ONLINE SERVICES IN CONNECTION THEREWITH (THE SITE AND MOBILE APPLICATION WILL HEREINAFTER BE COLLECTIVELY REFERRED TO AS THE "APPLICATION"):
For IPHONE, IPAD AND OTHER DEVICES USING THE IOS OPERATING SYSTEM ("APPLE APPLICATIONS"); AND FOR DEVICES USING ANOTHER OPERATING SYSTEM ("OTHER APPLICATIONS"). BY ACCESSING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS, DOWNLOAD, INSTALL OR OTHERWISE USE THE APPLICATION. IF YOU HAVE INSTALLED THE APPLICATION AND DO NOT AGREE TO THESE TERMS, YOU MUST UNINSTALL IT IMMEDIATELY. THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN THE RESTAURANT AND YOU ("AGREEMENT"). THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF THE RESTAURANT.
THE APPLICATION IS INTENDED FOR USE ONLY BY INDIVIDUALS FOURTEEN (14) YEARS OF AGE OR OLDER. IF YOU ARE FOURTEEN (14) YEARS OF AGE OR OLDER, BUT UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN BEFORE PROCEEDING TO ENSURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THEM. IF YOUR PARENT OR GUARDIAN DOES NOT ACKNOWLEDGE OR AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY UNINSTALL THE APPLICATION AND STOP USING IT. IF YOU ARE BETWEEN 14 YEARS OF AGE AND THE AGE OF MAJORITY, YOU MAY USE THE APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.
You are responsible for ensuring that your device meets all technical specifications necessary for you to access and use the Application. You are granted a personal, non-exclusive, non-transferable license to install and use the Application on mobile devices that you personally own or control under these Terms. Apple Applications are licensed for use on a device owned or controlled by you and equipped with the Apple iPhone OS, so you must ensure that you are using an appropriate device to access and use any Apple Application. Other applications can only be used on a device that you own or control and that has the operating system for which the other application was designed. You may not install or use the Application on a device that you do not own or control. The Application is provided for lawful uses only and is protected by applicable intellectual property laws and treaties. Modification or use of the Application for any other purpose violates Le RESTAURANT's intellectual property rights. The Application is licensed, not sold. All rights in the Application are and shall remain the exclusive property of The RESTAURANT and/or its licensors. Nothing in these Terms is intended to transfer any of these rights to you or to vest any of them in you. You are only permitted the limited use of the Application granted to you in these Terms. You will not take any action to interfere with, limit or endanger the rights of The RESTAURANT and/or any of its licensors. All costs associated with downloading, installing, accessing and using the Application shall be borne by you and shall be subject to the service provider of your mobile device.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for all activities that occur under your account. You agree to immediately notify The RESTAURANT of any unauthorised use of your account or password or any other breach of security. You agree and are responsible for providing accurate information when providing your account details and for ensuring that your account details are kept up to date. You are solely responsible for controlling the dissemination and use of your password, for controlling access to and use of your account and for informing The RESTAURANT when you wish to cancel your account or stop receiving any form of electronic communication. The RESTAURANT shall not be liable for any loss or damage arising from your failure to comply with this provision.
Comply with the Highway Safety Code: Whenever you use the Application, you must comply with the Highway Safety Code and all applicable rules and regulations. DO NOT USE THE APPLICATION WHILE DRIVING OR OPERATING A VEHICLE THAT IS IN MOTION OR NOT IN PARK. For safety reasons, at all times, you must only use the Application when it is safe and appropriate to do so.
You may not: decompile, reverse engineer, disassemble, or otherwise convert, or permit any third party to decompile, reverse engineer, disassemble, or otherwise convert, the Application into a human-perceivable form; make copies of the Application; distribute or republish, upload, post, or transmit the Application in any way; resell, rent, lease, or loan the Application; or transfer the Application or these Terms and Conditions to any third party. If you download any software from the Application, the software, including all files, images, contained in or generated by the software, and data related thereto (together, the "Software") are considered to be licensed by The RESTAURANT or its licensors, as applicable.
You may NOT use the Application to: Gain unauthorized access to The RESTAURANT, including, without limitation, using this Application to disrupt, destroy or limit the functionality of the Application, The RESTAURANT's servers and/or The RESTAURANT's networks; Engage in any unlawful or illegal activity; Launch automated systems such as "bots", "spiders", etc.; Impersonate any person or misrepresent your identity; and/or Infringe the rights or jeopardize the safety or security of any person. Possible evidence of the use of this Application for these purposes will be provided to law enforcement authorities and is subject to the production of documents required by law.
You agree that The RESTAURANT may collect and use technical data about your device, your system software and the Application, and your peripherals. This technical data is collected periodically to facilitate the provision of software upgrades and support for the Application.
In order for The RESTAURANT to better serve your preferences, by using the Application, you agree and consent that The RESTAURANT, and/or its affiliates and third party partners may collect, use and transmit the information you provide while using the Application, and other personally identifiable information collected through your use of the Application or specifically provided by you when using the Application through registration for a Le RESTAURANT account or otherwise ("Personal Information"), to facilitate the improvement and provision of products, offers, promotions, other services or other technology and advertising content.
With your consent, we may collect location information through your use of the Application including location information collected through the geolocation, GPS, Bluetooth or other similar capabilities of your mobile phone or device ("Location Information"). The purpose of collecting Location Information is to identify restaurants that are closest to your immediate location and to make efficient use of the features of the Application. We will only collect Location Information if you opt-in to receive certain features of the App (during the initial download of the App, during a login or later) and by activating those capabilities on your mobile device. Once you opt-in, the App will continue to collect Location Information until you close the App (Location Information will continue to be collected if the App is running in the background) or change the settings on your phone or other device to disable geolocation, GPS, Bluetooth or similar capabilities, or change the settings on your phone or other device to prevent the App from collecting your Location Information. The RESTAURANT considers Location Information to be Personal Information.
When you use the Application, information about how you interact with and use the Application may be collected automatically ("Application Usage Information"). To the extent that Application Usage Information identifies you as an individual, The RESTAURANT considers it to be Personal Information.
How you use our Application and visit our restaurants is important to us. We may therefore aggregate and compile Personal Information through information about other purchases you make at Le RESTAURANT restaurants and any other Personal Information you have consented to provide to us ("Aggregate Personal Information").
Personal Information, Location Information, Application Usage Information and Aggregate Personal Information (collectively "Permitted Information") is used for purposes such as improving the functionality and features of our Application, responding to your requests and communications, conducting research on consumer behaviours and/or interests, improving our services or products, and providing you with information about special offers and promotions at our restaurants.
The RESTAURANT may share Permitted Information with its affiliates, agents, business partners, franchisees and other third parties in the following ways: RESTAURANT may disclose Permitted Information about when you visit our restaurants, what products you view and share most frequently, and which parts of our restaurants you visit most frequently; RESTAURANT may disclose Permitted Information to provide certain business services and will disclose only the Permitted Information necessary for the business services to be provided. RESTAURANT may disclose Authorized Information if required to do so by law or if we believe in good faith that such action is necessary to (i) comply with legal requirements, (ii) protect or defend our rights or property, (iii) act under exigent circumstances to protect the personal safety of users of the Application or the public, or (iv) protect us from legal liability.
The RESTAURANT may store any information we collect (authorized or otherwise) in databases owned and maintained by us, our affiliates, suppliers, franchisees, agents or service providers. These databases may be stored in Canada or abroad. By using our Application, you consent to the storage and transfer of your Authorized Information and any other information in the manner set out above.
You cannot use the Application without providing personal information. You may limit the personal information we collect by uninstalling the Application, turning it off, or preventing it from using the geolocation, Bluetooth or similar capabilities of your mobile device. However, taking such steps may prevent you from using certain features or aspects of the Application.
The Application may contain references, links or interactions to websites that are not operated or controlled by us ("Third Party Sites"). The policies and procedures we describe herein are not applicable to Third Party Sites and such sites may independently collect information about you. The RESTAURANT assumes no responsibility for the privacy and information collection policies of these third parties and we advise you to contact the providers of these sites directly for information on their privacy policies.
Any questions or concerns regarding the confidentiality of your personal information should be directed to our head office address; 1965 Frank-Carrel, 2nd floor, Quebec City, Qc, G1N 2E6. You can also reach us by email at: firstname.lastname@example.org
Our offices are open Monday to Friday from 9:00 am to 5:00 pm (EST)
This section applies to orders placed through the App where this service is offered. Please read this section before sending an order to restaurants using the App. Each restaurant is independently owned and operated: While there may be a parent company that operates and controls the App, it is not responsible for operating the restaurants. The majority of restaurants are independently owned and operated. Some restaurants are operated by subsidiaries of the parent company (such subsidiaries are collectively referred to as "restaurants"). Each Restaurant is fully and independently responsible for its own legal and regulatory compliance with respect to any issues relating to the provision of products to you and any employment issues in the Restaurant.
Ordering: The purpose of ordering is to provide a convenient way for customers to create an order for products in advance and submit it by registering with a participating restaurant. Before you can order, you can create an account in the App. Before submitting an order, you must register a credit card (a "Payment Card") to which to apply your orders. In order for the order to work properly, you may need to enable location services on your device.
Registering Your Payment Method: The RESTAURANT and the restaurants use independent providers to store your credit card information (Visa and/or MasterCard) and process your payments to the restaurants. You understand and agree that when you register a payment card, The RESTAURANT or its third party suppliers may verify the validity of the registered payment card. You also understand and agree that when you use the order to make a purchase from a restaurant, that restaurant will be the merchant. To collect your order at the counter or on delivery you will need to present your credit card used for payment and photo identification. This identification is essential to receive your order. The restaurants reserve the right not to deliver orders to anyone who does not have these documents. YOU WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE ANY PAYMENT CARDS YOU REGISTER.
You purchase products directly from restaurants: When you order, you are submitting orders directly to a participating restaurant and the contract to supply products will be between you and the restaurant that accepts your order. The restaurant where you collect your Products is responsible for preparing the Products and supplying them to you.
About the products in the Application: All products are subject to availability at the restaurant where you collect your order. Not all restaurants serve all products. Images of products and packaging appearing in the App are for illustrative purposes only and may not be identical to the products or packaging you receive from a restaurant. Differences may be due to the colour display on your device or factors such as the ingredients used, the supplier, the region in which the restaurant is located and the season of the year.
About prices in the order: Each restaurant applies the prices determined by the network as indicated on the order application and then applies any taxes and additional fees required by law. Some offers and prices may not be available for all orders at all locations. If you discover an error in the price of a product you are charged, please contact the restaurant where you purchased the product to request a refund for the difference.
Application and Order Processing Fees:Orders are processed through a third party service developed and powered by Pizzli (Intek Plus Inc.). In many cases, application fees and delivery fees may be due and charged by a third party that offers a SERVICE separate from the service offered by the restaurant owner. Pizzli (Intek Plus Inc.) offers an independent service that the customer may choose to use to place their order in a more convenient and timely manner. In all cases, you can choose whether or not to use the Pizzli ordering application to place an order with a restaurant owner. If you do not wish to pay the fee for using the ordering application, you may place your order by phone or in person at any time.
For any details and/or questions regarding the service provided by Pizzli (Intek Plus Inc.), you should refer to their website and their terms and conditions of use and sale by clicking on the following link: https: //pizzli.ca/terme-et-politique.html
Creating, confirming and sending your order to a restaurant: You can use the App to create your order and send it to a participating restaurant that you choose. You only make your purchase when you submit your order to a restaurant. Your payment card will not be charged until you submit your order to a restaurant. Orders must be collected in person at the restaurant or by delivery.
Restaurant Registration and Purchase: You can register at any participating restaurant, even if you choose a different restaurant from the one where you created your order. You make your purchase from a restaurant when you complete your order at that restaurant.
Revised order totals at check-in: Revised order totals at check-in may result from changes in products, prices, taxes or other charges required by law due to your arrival at a different participating restaurant than the one originally selected. Revised order totals may also result from the unavailability of certain products, price changes or other reasons.
Payment of your order: You make your purchase at a restaurant when you complete your payment at that restaurant. When you complete your order, you authorise the restaurant to process your order total (if updated, your revised order total). The restaurant's payment service provider will process your order total (if updated, the revised order total) to the credit card you selected when you created your order. You may receive a notification in the order function that the restaurant has accepted your order and is preparing it. The products belong to you once you have collected them.
Cancellation of your order, refunds and your consumer rights: You have the option to update or cancel your order at any time prior to registering your payment on the RESTAURANT website. However, once you have made the payment, you will not be able to cancel it. If you wish to receive a refund for any reason, including if the products were unsatisfactory or for any other reason, please contact the restaurant where you purchased the product for a refund. Your statutory rights in this regard are not affected by any of these terms and conditions.
Definition: The "Program" means The Gourmet Program Loyalty Program
1. If the loyalty and reward programme is activated, it is the property of the RESTAURANT and is offered to customers in cooperation with all participating restaurants.
2. The RESTAURANT may, in its sole discretion, interrupt or terminate the Programme without notice.
3. In the event of interruption or termination of the Program for any reason, The RESTAURANT shall have no liability to its members and shall be automatically released from any claims by members of the Program for interruption, termination, loss or redemption of points or otherwise arising from such interruption or termination.
4. The RESTAURANT may change the rules of the programme, its benefits, the conditions of participation or the level of points to obtain rewards, in whole or in part, at any time without notice, even if these changes may alter the value of the points accumulated to date.
5. The RESTAURANT may withdraw, limit, modify or cancel any reward. The RESTAURANT may also increase, regulate or change the number of points required to earn a reward.
6 The Program is open to any person residing in Canada, 14 years of age or older. A corporation, company or other legal entity may not become a member.
7. Only one individual per account may be listed in the Programme under their legal name.
8. The RESTAURANT accepts no liability for any errors or omissions in the accuracy of the information contained herein.
9. Abuse and fraudulent activity in connection with the Program, including but not limited to, failure to follow Program policies and procedures, selling or bartering of rewards, and misrepresentation of facts relating thereto or other improper conduct, as determined by the sole judgment of Le RESTAURANT, inappropriate behaviour or harassment of Le RESTAURANT and its participating restaurants or refusal to obey the instructions of its staff may result in cancellation of the member's account, disqualification from the Program and cancellation of points. Le RESTAURANT reserves the right to terminate membership, withdraw or cancel the card, cancel accumulated visits, go to court and recover damages and taxable court costs.
10. The RESTAURANT reserves the right to interpret and enforce the policies and procedures contained in these rules. The decisions of Le RESTAURANT are final and without appeal in all cases.
11. Gourmet Program members are entitled to know the information kept in their file and to correct any erroneous information. To access their file, members must consult the profile page on the restaurant's website or accessible via the Program's mobile application, if applicable. The member is entirely responsible for keeping his/her personal information up to date and valid. The RESTAURANT cannot be held responsible for any errors or failures related to incorrect information contained in the member's profile.
12. Information on the rewards available to each member (discounts, points and the market value of the points) can be found in part on the member's profile page of the RESTAURANT website or in the Programme's mobile application. It is possible that a reward may be awarded to a member without the member being informed in advance.
13. Members who cannot provide a valid email address cannot participate in the program since this field is mandatory when completing the profile. However, members may, at their sole discretion, accept or refuse to receive promotional communications from the RESTAURANT and its affiliated partners. To make this choice, the member must modify his or her communication preferences in his or her member profile accessible online or via the mobile application. The member understands that if he/she refuses to receive communications from the program, he/she may be excluded from certain privileges or rewards related to the Gourmet Program
14. In the event of the death of a member of the Program, the member's account will be closed and the visits accumulated in this account will be cancelled as long as the RESTAURANT's customer service department is informed via the available customer service form. If an account remains inactive, i.e. there are no transactions for a period of 14 consecutive months, it will be automatically deactivated and the points and rewards will be reset to zero. It will be impossible for the member to recover the value of points or rewards following account deactivation.
15. By enrolling in the Program, you authorize the RESTAURANT to collect and use your personal information to maintain your records and to communicate to you information of a commercial nature or related to the Program. From time to time, data provided to the RESTAURANT and the Program administrator, Giraffe Software Inc., may be used to present you with relevant information, products, services and offers from the RESTAURANT and its associated partners. If you prefer not to have this information used, please contact RESTAURANT's Service Department.
16. From time to time, the RESTAURANT may request additional personal information from Gourmet Program members. Should the Program Member refuse to provide additional information, the status of the Program Member will not be affected.
Program Membership; Gourmet Program:
17. To join the Programme, a customer must become a member of the Programme. To do so, he/she must duly complete the mandatory fields in the profile accessible online on the RESTAURANT's website or by downloading the Programme's mobile application and accept the terms and conditions of the Programme by ticking the box provided for this purpose.
18. Electronic acceptance of the terms and conditions of the Program, or the first use of the Card, constitutes acceptance by the Member of these terms and conditions governing the Gourmet Program.
19. Only one virtual or physical Card will be issued per Cardholder. Each Cardholder will have a unique Card number, will not share his or her account with anyone, and will not disclose his or her personal information or password to anyone.
20. Membership is not transferable.
21. No retroactive credit will be given for purchases made prior to the completion of membership.
22. Employees of the RESTAURANT and its participating locations are eligible for the Program. However, benefits offered under the Gourmet Program may not be eligible with employee benefits based on employment status.
23. In the event that a "contest" type promotion within the meaning of the rules established by the Régie de l'Alcool, des Courses et des Jeux (RACJ) is offered as part of the Program, no employee, affiliated agency or person residing at the same address may be declared a winner.
24. In the event of loss or suspected fraud, members of the Programme must immediately notify Le RESTAURANT in writing by sending an e-mail via the contact form available on Le RESTAURANT's website. Following receipt of the information, Le RESTAURANT will render the member's card number inactive and issue a new one, which will be sent to the member by email and accessible directly in the mobile application within a maximum of 5 working days. The balance of points or rewards accumulated and not redeemed will remain unchanged. The RESTAURANT will cancel all points accumulated in an account which it suspects to have been accumulated fraudulently.
Accumulate and exchange points:
25. All rewards are subject to an expiry date. In the same vein, if a member does not collect or redeem any points or make any transactions in their account for 14 consecutive months, the account will be considered inactive and cannot be reactivated, the virtual card cannot be used and the balance will be reset to zero.
26. Members must allow up to 48 hours for their rewards, including points, to be credited to their Program account following a transaction. In the case of an online order on the RESTAURANT's website or via the Program's mobile application, the delay begins when the order is officially considered delivered and closed in the cashier system of the branch where the transaction was awarded.
28. In all cases, a reward is never transferable to another member, never refundable and never exchangeable for money or any other reward, whether of an equivalent nature or not.
29. Base Points are available exclusively on eligible items including, but not limited to, RESTAURANT branded items sold at participating restaurants only, excluding RESTAURANT gift cards. The list of eligible items is subject to change without notice by the RESTAURANT.
30. For every dollar of eligible purchases (before taxes and after item discounts if applicable) under the program, the member may be offered 20 base points credited to their account.
31. The value of a Gourmet Program point is set at $0.001 CAD (i.e. 10,000 points = $10.00 CAD)
To redeem points for purchases, a member must have accumulated a minimum value of $10 Canadian. If a member has accumulated more than $10, they may choose to apply any amount they wish to their transaction, up to a maximum of $100 per day, rounded to the nearest 0.01. The maximum amount is calculated for each calendar day starting at 00:01 and ending at 23:59. Point payment amounts are applied to the transaction total after applying eligible discounts, taxes and shipping charges if applicable, but before any online transaction fees.
33. Members can earn points and rewards on a maximum of 2 transactions per day. If the member makes more than 2 transactions per day, points will be issued on the first two transactions and no points will be issued on subsequent transactions, regardless of the value of the transactions.
34. The Member may also receive other types of rewards offering discounts on items, groups of items or on the subtotal of his or her invoice based on his or her purchasing behavior. Member understands and accepts that the rewards offered under the Program may vary from one Member to another both in number and value.
35. La carte à proprement parler n’est pas un mode de paiement ou l’équivalent d’une carte de crédit. Elle sert uniquement au membre à accéder à son compte, incluant ses récompenses et ses points accumulés qui peuvent être appliqués sur ses achats.
36. À l’issue de l’échange de points ou de l’utilisation d’une récompense, le membre du Programme libère le franchiseur de toute responsabilité ou réclamation relativement à l’échange et à l’utilisation de la récompense ou de toute perte ou de tout dommage causé par les produits ou services offerts à titre de récompense.
37. Pour accumuler des points lors de ses achats, le membre doit présenter sa carte virtuelle avant d’avoir complété son paiement à la caisse ou être connecté à son compte dans le cas d’une commande en ligne effectuée sur le site du RESTAURANT.
38. Si une transaction est annulée, le client devra présenter sa carte virtuelle ou physique afin de renverser l’attribution de points à son compte. Dans le cas d’un paiement par point ou de l’utilisation d’une récompense, le membre doit contacter le service à la clientèle du RESTAURANT via le formulaire de contact disponible au RESTAURANT pour obtenir le renversement de la transaction.
39. En aucun cas, le membre ne pourra réclamer de points sur une transaction déjà fermée et/ou payée s’il a oublié pour quelque raison que ce soit de présenter sa carte virtuelle ou d’être connecté à son compte lors d’une commande en ligne. Ce motif ne constitue pas un motif valide pour faire une demande de renversement d’une transaction.
40. Les clients peuvent consulter leur solde et profil en tout temps en ligne en visitant site web du RESTAURANT.
41. Le paiement avec des points n’empêche pas le client de cumuler des points (points de base et points bonis et offre multiplicateur) sur les produits admissibles lors d’une transaction.
42. Le RESTAURANT n’acceptera aucune responsabilité à l’égard des points échangés par quiconque sans l’accord du membre si ce dernier n’a pas au préalable signalé la perte ou le vol de sa carte virtuelle au Service à la clientèle du RESTAURANT. Le membre devra assumer l’entière responsabilité des transactions effectuées avant que le RESTAURANT n’ait reçu le signalement.
THE APPLICATION MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE RESTAURANT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE APPLICATION AND ALL MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE RESTAURANT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE RESTAURANT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RESTAURANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE RESTAURANT DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATING TO YOUR USE OF THE APPLICATION. YOU (AND NOT THE RESTAURANT) SHALL BE RESPONSIBLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR REPLACEMENT. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. You assume total responsibility for your use of the Application and all linked sites. YOUR SOLE REMEDY AGAINST THE RESTAURANT FOR DISSATISFACTION WITH THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION AND ANY CONTENT. This limitation of remedy is a matter of negotiation between the parties.
The RESTAURANT disclaims any liability whatsoever, as well as any consequences or damages that may result, directly or indirectly, with regard to allergens and/or raw materials used by the restaurants in the manufacture of the products sold. We ensure that each restaurant uses quality products but it is your responsibility to report any allergies and/or intolerances directly to the restaurant. Also, regarding fish products, we take care to remove the bones, however some may remain.
THE RESTAURANT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE USE OF, OR INABILITY TO USE, THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE. THE RESTAURANT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, EVEN IF THE RESTAURANT AND ITS AFFILIATES ARE NEGLIGENT OR IF THE RESTAURANT OR AN AUTHORIZED REPRESENTATIVE OF THE RESTAURANT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR IF BOTH SITUATIONS EXIST. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PERMITS THE LIMITATION(S) OR EXCLUSION(S) OF LIABILITY. THE RESTAURANT'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL BE THE LESSER OF (I) THE AMOUNT YOU PAID TO USE THE APPLICATION, OR (II) IF THE APPLICATION WAS FREE OF CHARGE, THE LUMP SUM OF $100.00 (CAN). THE RESTAURANT'S LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS ARE RESERVED.
The Application may lead to or enable you to use websites, downloadable materials, content, social networks or other digital services (collectively "Third Party Services"). These third parties may have separate terms and conditions or privacy policies that you should read and understand before using them. The RESTAURANT is not responsible for, has no control over, and does not endorse or link to the content of any such downloadable materials or external sites. You understand and agree that the RESTAURANT cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Application will be free of viruses, computer glass, Trojan horses, code, defects, viral time-delay devices or other items of a destructive nature that may be transmitted to or through our Application.
RESTAURANT may terminate, in its sole discretion, these Terms at any time for any reason without giving you prior notice by taking the Application offline. You may terminate these Terms and Conditions at any time for any reason without giving prior notice to the RESTAURANT by uninstalling the Application from your device or by ceasing to use the Application on the RESTAURANT website.
NEITHER THE RESTAURANT NOR ANY MEMBER OF THE RESTAURANT SYSTEM SHALL BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION HEREUNDER BY REASON OF ANY EVENT BEYOND THE REASONABLE CONTROL OF THE RESTAURANT OR IN CONNECTION THEREWITH. Should such an event occur, The RESTAURANT's obligations under these terms and conditions shall be suspended for the duration of the event; and The RESTAURANT may, but is not obligated to, use reasonable efforts to find a solution whereby its obligations hereunder can be performed notwithstanding the event.
RESTAURANT may revise these Terms at any time in its sole discretion by changing these Terms on the Application. Any changes made will be effective immediately upon our posting of a revised version of these Terms. You are responsible for checking these Terms periodically to ensure that there are no changes. Your continued access or use of the Application after any such changes are made to the Terms will constitute your acceptance of those changes.
RESTAURANT's Intellectual Property: The trademarks, logos, product icons and artwork used in the Application include the registered and unregistered trademarks and copyrights of RESTAURANT and its affiliates.
They may not be reproduced or used as hyperlinks without the express prior written consent of the RESTAURANT.
The content and design of the website and the application, including texts, images and documents, are protected by copyright laws. No reproduction or redistribution of the Website and/or the Application, in whole or in part, is permitted without the express prior consent of Le RESTAURANT. All other trademarks used in the Application are the property of their respective owners.
Each of the terms and conditions hereunder is severable and operates separately. If any one of them is unlawful, void or unenforceable, the remaining terms shall remain in full force and effect. The failure of the RESTAURANT to insist upon performance by you of any of your obligations hereunder or the failure or delay of the RESTAURANT in enforcing any of its rights against you shall not be construed as a waiver by the RESTAURANT of any of its rights against you or as a waiver of any of your obligations. The RESTAURANT may transfer its rights and obligations under these terms to another company or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms and conditions to another person if the RESTAURANT consents in writing.
If you have any questions or comments about the Application, please contact the RESTAURANT email@example.com
APPLE APPLICATIONS ONLY
These Terms incorporate and supplement the Apple Inc ("Apple") Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including, without limitation, the Licensed Application End User Terms and Conditions ("Apple Terms"). If the Application you are accessing and using is an Apple application: The Apple Application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS operating system; You acknowledge and agree that: Apple has no obligation to provide support or maintenance services for the Apple Application. If you have any maintenance or support questions regarding the Apple Application, please contact RESTAURANT, not Apple, using the support services information above; even though these Terms are between RESTAURANT and you (and not Apple), Apple, as a third party beneficiary under these Terms, shall have the right to enforce these Terms against you with respect to the Apple Terms; except as expressly set forth in these Terms, all claims regarding the possession or use of the Apple Application are between you and RESTAURANT (and not between you, anyone else, and Apple); and with respect to any claim by a third party that your possession or use (pursuant to these Terms) of the Apple Application infringes any intellectual property right, Apple shall not be liable to you with respect to such claim; You represent and warrant that : you are not, and will not be, located in a country that is embargoed by the U.S. Government or that has been designated by the U.S. Government as a "state sponsor of terrorism"; and that you are not on any U.S. Government list of prohibited or restricted entities; and if the Apple Application you have purchased does not conform to the warranties applicable to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to Apple's Terms and Conditions then in effect. Subject to the above, and to the extent permitted by law, Apple does not make or accept any warranty, condition or other term with respect to the Apple App and shall not be liable for any claims, losses, costs or expenses of any kind arising in connection with the Apple App or as a result of your or anyone else's use of the Apple App or any of its contents.
All rights reserved to the RESTAURANT.
To contact us: firstname.lastname@example.org
Chez Victor (9206-6802 Qc inc), 1965 Frank-Carrel, 2nd floor, Québec, Qc, G1N 2E6