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FROMTO TERMS OF SERVICE FOR CUSTOMERS
Last Updated June 9, 2020
Welcome and thank you for trying FromTo!
THESE TERMS OF SERVICE (the “Terms”) constitute a legally binding agreement between you (“You” or “Your”) and fromto inc. (“FromTo” or “We”) in respect of your use of the FromTo online on-demand food ordering and delivery platform (the “Platform”). You must be lawfully able to enter into this Agreement in British Columbia.
THINGS YOU SHOULD KNOW ABOUT FROMTO
- What We Are and Aren’t. FromTo is not a restaurant or food preparation business, nor are we a delivery service. We simply provide the Platform to connect You with restaurants making the food you love and independent drivers to deliver it to you at prices and fees that are sustainable for everyone involved. We do not assess or guarantee quality or legality of any of the restaurants or drivers using our Platform. You agree that FromTo will not be held responsible or liable for any of the goods or services provided by restaurants or drivers on the Platform.
- Amendments. FromTo is in its early stages, and while We are constantly trying to improve our Platform, it will take time and as a result, we expect we will have to amend these Terms several times to get them right for all concerned. Therefore, You agree that FromTo may amend these Terms at any time to the fullest extent permitted by the law. Because of that, we will ask you to review and agree to these Terms each time you use FromTo. If You do not agree to these Terms, You may not use the Platform.
HOW FROMTO WORKS
- The Skinny. The Platform permits You to place orders for food and beverages from various restaurants and food businesses. Once such orders are made, the Platform notifies independent drivers that a delivery opportunity is available and facilitates completion of the delivery of the order.
- What We Don’t Control. The legal contract for the purchase of food and beverages You order on the Platform is between You and the restaurant You order from. By placing an order on the Platform, You are appointing FromTo to act as your sole and exclusive agent for the purpose of concluding that contract. YOU ACKNOWLEDGE AND AGREE THAT NO EMPLOYEE OR REPRESENTATIVE OF FROMTO HAS ANY CONTROL OVER THE QUALITY OF THE PRODUCTS AND SERVICES OFFERED BY RESTAURANTS OR DRIVERS, AND THAT THEY WILL HAVE NO LIABILITY TO YOU FOR ANY ACTS OR NEGLIGENCE BY A RESTAURANT OR DRIVER, INCLUDING, WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED FOOD OR BEVERAGE ITEMS, AND ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE ITEMS DELIVERED, INCLUDING IF ITEMS CAUSE ILLNESS, ALLERGIC REACTIONS OR HAVE INCORRECT NUTRITIONAL VALUES.
- IP. All trademarks, service marks, trade names, copyrights, logos, slogans, pictures and other identifying symbols and indicia of FromTo or any restaurant on the Platform are owned by the applicable company and protected by intellectual property laws. All rights applicable to this intellectual property are reserved by their owners.
- License. FromTo agrees to grant You a limited, non-exclusive and non-transferable right to access and use the Platform to view restaurant menus, order food and arrange delivery, according to these Terms.
- Prices and Fees. All prices listed on the Platform are in Canadian dollars. You must pay for all orders on the Platform in advance. You may choose to tip the driver in cash at your door, which is also greatly appreciated. All prices and fees charged on the Platform are subject to change from time to time.
- Alcohol. If you order alcohol, You warrant that You are of legal drinking age in the jurisdiction in which You live and that You are not ordering alcohol for someone who is not of legal drinking age. You agree to provide identification to prove your age satisfactory to a driver if they request it. If you cannot or will not meet these requirements, the driver may refuse to provide the alcohol you ordered, and any refunds for that alcohol will be provided by the restaurant at their sole discretion.
- Payment. Payment processing services for the Platform are provided by payment services providers as FromTo may choose from time to time (the "Payment Provider"). You hereby authorize FromTo to share with the Payment Provider the payment information You provide on the Platform when making an order.
- Security. FromTo will not bear any responsibility for your access to, or the security of your data on, the Internet, or Your use of the Platform (including that the Platform will be free of viruses, malware or other such malicious code).
- Suspension of Rights. As FromTo is providing the Platform to you for free, FromTo can suspend Your access to the Platform at any time and for any reason.
WARRANTIES & DISCLAIMERS
- Warranty. FROMTO PROVIDES THE PLATFORM “AS IS”. WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE SERVICES AVAILABLE THROUGH IT, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ALL TO THE FULLEST EXTENT OF THE LAW.
- Accuracy. We will do our best to make sure the information on the Platform is accurate and complete, but We cannot guarantee that, especially where that information is provided by restaurants. You should contact any restaurant on the Platform to confirm the availability and content of their menu items (especially regarding ingredients and allergies) and prices.
- Restaurants. Your contract for the purchase of food is between You and the restaurant You ordered it from. We make no explicit or implied guarantees about the quality of the food and beverages You receive from any restaurants on the Platform, or the time to prepare the food for delivery or pickup.
- Drivers. Similarly, drivers are contracted by the restaurants they deliver individual orders for. Drivers are independent contractors and are not employed by FromTo. Estimated delivery times are just that, and FromTo cannot guarantee that your orders will be delivered on time or at all.
LIABILITY & INDEMNIFICATION
- No Liability. YOU AGREE THAT FROMTO IS NOT RESPONSIBLE FOR THE FOOD PREPARATION, QUALITY OR SAFETY (PARTICULARLY REGARDING ALLERGIES), AND THAT WE DO NOT VERIFY RESTAURANTS COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
- No Special Damages. IF NOT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS PERFORMANCE, WHETHER THE ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limit of Liability. IN NO EVENT WILL FROMTO’S TOTAL AGGREGATE LIABILITY TO YOU AS A RESULT OF ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT PAID BY YOU ON THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE CLAIM IN QUESTION; OR (B) ONE HUNDRED DOLLARS.
- Indemnification. You will indemnify, defend and hold harmless FromTo, our affiliates and each of their directors, officers and Personnel (collectively, the “FromTo Parties”) from and against any and all claims, demands, losses or other costs and expenses of any kind (including reasonable legal fees) arising out of or related to: (a) Your breach of these Terms and any documents incorporated by reference, (b) your violation of any laws or intellectual property rights; and (c) Your failure to perform in respect of any orders you place on the Platform. FromTo reserves the right at Our cost, to assume the exclusive defense and control of any matter subject to this indemnification, in which event you will fully cooperate with Us in asserting available defences.
- Jurisdiction. These terms are subject to the laws of Canada and the Province of British Columbia, regardless of where You are located and without reference to conflicts of laws principles.
- Dispute Resolution. You agree that you will resolve any disputes with FromTo on an individual basis. In case of any dispute, You and FromTo and Driver will use commercially reasonable efforts to discuss and resolve the dispute in good faith as soon as practicable and without the necessity of any formal proceeding, including, if requested in writing by either party, at a meeting between us to take place at a mutually agreeable time and place. Unless otherwise agreed by the parties, such a meeting will be scheduled within 14 days of either party’s request, and we will reach or abandon resolution within 30 days following the party’s request.
- Waiver and Severability. In the event any provision of these Terms is held by a court of law or other governmental agency to be void or unenforceable, that provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions will remain in full force and effect. No delay or omission to exercise any right or remedy by either party hereunder will constitute a waiver of that right.
IF THERE IS ANY WAY YOU THINK WE CAN IMPROVE THE PLATFORM, OUR WEBSITE OR ANYTHING ELSE IN CONNECTION WITH OUR BUSINESS, PLEASE SEND US A MESSAGE TO [email protected]