JUST ORDER ENTERPRISES CORP. RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND FROM TIME TO TIME, TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME WITHOUT YOUR AGREEMENT UPON 72 HOURS NOTICE PROVIDED THAT SUCH CHANGES ARE WITH RESPECT TO MATTERS RELATING TO FOOD PRICING AND DELIVERY OR THE MECHANICS OF ORDERING AND PAYING FOR FOOD AND THE EXISTENCE OF SUCH CHANGES ARE COMMUNICATED TO YOU BY AN ALERT IN OUR WECHAT SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
1.When you use Apple Pay / Google pay to make payments in our App, we will not collect and record any of your information you provide in any
form, and we will not sell it to any advertising or other operating agencies.
2.When you use Apple Pay / Google to make payments in our App, you may be asked to give bank card information, but the App will not record any of your information you provide in any form and will not share any of your personal information.
Just Order Enterprises Corp. ("Just Order") provides its WeChat based service ("Service") to you ("Customer" or "you") for the purpose of enabling you to order food and drink from restaurants and to arrange for the delivery of it.
The parties agree that Just Order is an independent contractor to the restaurants. Customer agrees that all purchases of food and drink made by it using the Service are made directly between Customer and the restaurants, and that the restaurant is solely and directly responsible to Customer for all aspects of the transactions with Customer, including without limitation matters relating to food quality and delivery. Notwithstanding the foregoing, Customer agrees to deal directly with Just Order with respect to all issues arising with respect to Customer's relationships with restaurants.
Certain portions of the Service are available only to individuals who have registered with and obtained a password from Just Order. By registering with Just Order, you certify that you are at least 18 years of age. You agree to provide true, accurate, current and complete information about yourself when you register with Just Order or order Subscriptions and agree to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your smartphone, and you agree to accept responsibility for all activities that occur under your account.
JUST ORDER will maintain the Service at a reputable third party Internet service provider and hosting facility, where commercially reasonable security precautions are taken to prevent unauthorized access to the Service. You acknowledge that, notwithstanding such security precautions, use of, or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Service. ACCORDINGLY, JUST ORDER CANNOT AND DOES NOT GUARANTY THE PRIVACY, SECURITY, OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET and Restaurant is solely responsible for any loss due to an unauthorized access to the Service.
The Service may provide may provide links to other Internet sites or resources. Your dealings with restaurants or business dealings with third parties accessed through the Service, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such restaurants and third parties. Because JUST ORDER has no control over such sites and resources, you acknowledge and agree that Just Order is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Service, content, advertising, products, or other materials on or available from such sites or resources.
The Service and WeChat site are owned by Just Order. The Service and all content is protected by Canadian, US and international copyright laws.
This Service is owned and operated by Just Order. The Service and all Content are protected by Canadian, US and international copyright laws. All content provided by Restaurant for display on the Service, including without limitation menus and price lists (collectively referred to as Content) remains the sole property of Restaurant and Just Order has a license to use the Content to the extent reasonably required by Just Order to offer the Service.The trademarks, service marks and logos used and displayed in this Service are registered and unregistered trademarks of Just Order, its subsidiaries and affiliates. Just Order trademarks may only be used publicly with the permission of Just Order. You agree not to use such property, including without limitation trade-marks, patents and other intellectual property of Just Order except as expressly authorized by this Agreement.
License to View and Use the Site
You may only use the Service for lawful purposes and in accordance with these Terms and any FAQ, ordering, return or refund or other policy published on the Service or any other operating rules published by Just Order from time to time, including without limitation the Ordering, Return, Refund Policy attached to these Terms as Schedule A. Just Order reserves the right on behalf of itself and restaurants to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a Customer in violation of these Terms or applicable laws and regulations.
Just Order hereby grants You the right to view the Site on-line only, solely for the purpose of acquiring information and purchasing food and drink in accordance with the Agreement. Just Order retains all right, title, and interest in and to the Site unless otherwise provided for in these Terms. Except as expressly provided in these Terms, neither Just Order nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right to use all or any part of this Service or the Content contained in it.
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works or businesses based on the Site or Service, in whole or in part. The license to view and use granted in this paragraph does not include permission to copy the design elements, "look and feel" or the layout of the Site.
You agree not to access the Service by any means other than through the interface that is provided by Just Order for use in accessing the Service. You agree not to access the Service for the purpose of content mining or extracting content from the Service except for Your personal end use. You may not use the Service or Content for any purpose not expressly provided for in these Terms or any license granted to you.
Just Order on behalf of itself and the restaurants may immediately revoke any or all licenses granted to you without notice if You fail to comply with any provision of these Terms or the license that you received to use Content. If a license is revoked, You agree to immediately stop using this Service and the Content, delete all Content and all copies from all media and destroy all other copies. Your use of this Service and any Content shall comply with all applicable laws. Just Order may restrict or remove Your access to this Service at any time.
You agree to use the Service in a courteous and co-operative manner, and so as to not abuse the Service or the custom and user-etiquette in place from time to time. You agree that You will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, You also agree not to do any of the following:
1. Upload, post, email or otherwise transmit or use any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Harass or defame any person or entity, including, but not limited to, a Just Order official or Customer or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post, email or otherwise transmit or use any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email or otherwise transmit or use any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
8. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, state, national or international law or any regulation having the force of law.
11. “Stalk” or otherwise harass another; or
12. Engage in deceptive marketing or advertising practices;
13. Collect or store personal data about other users;
14. Make use of the Service for an illegal purpose, or
15. Access the Services for the purpose of data mining or extracting content from the Services beyond Your personal end use.
Customer agree to indemnify and hold harmless Just Order from any claim, liability, damage or expense of whatever kind as a result of Customer breaching these Terms or with respect to any claim that Customer may have against a restaurant, including but not limited to reasonable legal expenses or that the distribution to Customer or Customer’s use of Content or both is illegal in the jurisdiction where Customer is resident. Customer agrees to defend or settle, at Customer’s expense, all suits or proceedings arising out of any of the foregoing; provided, however, that Just Order shall within a reasonable period of time give Customer written notice of all suits or threats of suit and other such claims. Just Order, at its own expense, shall have the right to participate in Customer’s defence of any such action through Just Order’s own counsel. In the event that Customer fails, after 15 days' notice, to adequately defend or settle any action which it is obligated to defend or settle under this Section, Just Order shall have the right of prosecuting and defending such action or actions and to collect such costs and expenses (including attorneys’ fees) from Customer and shall further have the right to charge Customer with any and all awards, damages and court costs in such action or actions and to collect such awards, damages and court costs from Customer.
The Service is controlled, operated and administered by Just Order from within the Province of British Columbia, Canada. You acknowledge and agree that these Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada without reference to conflicts of laws principles.
If there is any dispute arising out of or relating to these Terms, then the parties will use reasonable and good faith efforts to resolve such dispute, first by direct negotiation and then, if that is not successful, by mediation with a neutral third party mediator acceptable to both parties. Each party will bear its own costs and expenses in connection with any mediation and all costs and expenses of the mediator will be shared equally by the parties.
Any dispute arising out of or relating to these Terms that is not settled by agreement between the parties within a reasonable time will be settled exclusively by binding arbitration by a single arbitrator. The location of the arbitration will be Vancouver, Canada. The arbitration will be governed by the Commercial Arbitration Act (British Columbia). The arbitrator will be selected and the arbitration conducted in accordance with the British Columbia International Arbitration Rules ("Rules") and conducted by the British Columbia International Commercial Arbitration Centre, except that the provisions of these Terms will prevail over the Rules. The applicable parties will share equally in the fees and expenses of the arbitrator and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs incurred in connection with the arbitration. Depositions will not be allowed, but information may be exchanged by other means. The parties will use their best efforts to ensure that an arbitrator is selected promptly and that the arbitration hearing is conducted no later than 3 months after the arbitrator is selected. The arbitrator must decide the dispute in accordance with the substantive law of British Columbia. This requirement does not, however, mean that the award is reviewable by a court for errors of law or fact. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision which summarizes the reasoning behind the award and the legal basis for the award.
The arbitrator cannot require one party to pay another party's costs, fees, lawyer or attorney’s fees or expenses. The award of the arbitrator is final and binding on each party. Judgement upon the award may be entered in any court of competent jurisdiction.
The dispute resolution procedures described in this Article are the sole and exclusive procedures for the resolution of any disputes which arise out of or are related to these Terms, except that a party may seek preliminary or temporary injunctive relief from a court if, in that party's sole judgment, such action is necessary to avoid irreparable harm or to preserve the status quo. If a party seeks judicial injunctive relief as described in this Section, then the parties will continue to participate in good faith in the dispute resolution procedures described in this Article. The parties agree that no court which a party petitions to grant the type of preliminary or temporary injunctive relief described in this Section may award damages or resolve the dispute. Notwithstanding the foregoing, Just Order.com is not precluded at any time from seeking injunction relief against the other Party for intellectual property infringement in British Columbia or in the jurisdiction where the other Party is domiciled or resident or where the infringement is taking place.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JUST ORDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENRALITY OF THE FOREGOING, JUST ORDER MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE FOOD AND DRINK THAT CUSTOMER PURCHASES WILL BE SAFE TO EAT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER JUST ORDER OR RESTAURANTS THAT YOU PURCHASED FOOD FROM SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, YOUR CONTENT, BODILY INJURY OR PROPERTY DAMAGE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF JUST ORDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUST ORDER’S LIABILITY TO YOU PURSUANT TO THESE TERMS OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, INCLUDING LEGAL FEES AND AWARDABLE COSTS, SHALL NEVER EXCEED THE AMOUNT PAID BY YOU TO YOUR RESPECTIVE RESTAURANT FOR YOUR FOOD PURCHASES IN THE PREVIOUS THIRTY DAYS PRIOR TO THE DATE UPON WHICH YOUR RIGHT TO MAKE A CLAIM AROSE.
Any cause of action or claim You may bring in connection with the Service OR YOUR PURCHASE OF FOOD FROM A RESTAURANT must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between Just Order and You relating to this Service, the prevailing party will be entitled to attorneys’ fees, costs and expenses.
Any comments or information that You provide to Just Order, for example, feedback or ideas in response to a customer survey regarding the Service, suggestions, ideas, concepts, comments in a discussion forum, or other information ("collectively "Submissions") become and are the sole property of Just Order without further action on your part or obligation on the part of Just Order.
Neither party is liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war (declared or undeclared), fire, flood, storm, slide, earthquake, power failure, inability to obtain equipment, supplies or other facilities not caused by a failure to pay, labour disputes, or other similar event beyond the control of the party affected which may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.
The parties agree that English shall be the sole language of these Terms and that all disputes arising from it shall be resolved in English.
All notices required to be given to Just Order shall be given to Just Order at the following address: 103-6968 Russell Ave., Burnaby, BC V5Z 4R9
Any notice required to be given by Just Order to You may be given to Your email address contained in your personal profile, with deemed receipt occurring immediately upon the sending of an email.
These Terms constitutes the sole agreement between the parties, unless you have separately acquired a license to receive Content, in which case your license forms a part of these Terms.
No waiver of any of the provisions of these Terms shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound. These Terms is binding upon the successors to and permitted assigns of the parties.