Website Terms and Conditions of Use

Last updated June 17, 2013

This Website is owned and operated by Local Media Concepts Inc. (herein called “MENU.CA”) and Papa Joe's Pizza - Greely & Findlay Creek (herby called “the RESTAURANT”). MENU.CA and the RESTAURANT offer this Website, http://bank.papajoespizza.ca,(herein called “the Website”), including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. The term “you” shall refer to any person or entity who views, uses, accesses, browses, submits any content or materials, or orders food and beverage on the Website.

Acceptance and Applicability of These Terms

By viewing, using, accessing, browsing, or submitting any content or material on the Website, you agree to these Terms of Use as a binding legal agreement between you, MENU.CA, and the RESTAURANT without limitation or qualification. If you do not agree to these Terms of Use, then you may not use the Website.

By clicking “Register Now”, you have read, understood and agreed to our Terms and Conditions. If you refuse to accept these Terms of Use, you will not be able to order any food and beverage products from the Website.

MENU.CA and/or the RESTAURANT reserve the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Website shall be subject to the then-current Terms of Use. You agree that continued use of the Website now or following modification in the Terms of Use confirms that you have read, understood, accepted, and agreed to be bound by such modifications.

Accuracy, Completeness, and Timeliness of Information on the Website

MENU.CA and the RESTAURANT are not responsible if information made available on the Website site is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Website is at your own risk. The Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

Use of Materials on the Website

All content on the Website (including, without limitation, text, design, graphics, logos, icons, images, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by MENU.CA and/or the RESTAURANT, their licensors or their content providers and is protected by copyright, trademark and other applicable laws. You agree that your use of the Website and services on the Website is subject to all applicable municipal, provincial, and federal laws and regulations. You are not authorized to modify, copy, reproduce, re-edit, upload to a server or elsewhere, send, post, or distribute the contents available on the Website, notably the software and the source code. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to MENU.CA and/or the RESTAURANT, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. MENU.CA and/or the RESTAURANT reserve the right to refuse or cancel any person's registration for the Website, remove any person from this site or prohibit any person from using this site for any reason whatsoever. MENU.CA and/or the RESTAURANT, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in MENU.CA and/or the RESTAURANT's sole discretion. MENU.CA and/or the RESTAURANT neither warrants nor represents that your use of materials on the Website will not infringe rights of third parties not affiliated with MENU.CA and/or the RESTAURANT.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the site in any way. MENU.CA and/or the RESTAURANT reserve the right, in their sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which MENU.CA and/or the RESTAURANT may be entitled at law or in equity.

Conduct on the Website

Some features and services that may be available on the Website require registration. By registering at and in consideration of your use of the Website you agree to provide true, accurate, current, and complete information about yourself. When registering to use MENU.CA and the RESTAURANT’s services, you will be required to be bound by these Terms of Use.

Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, thefts, or unauthorized use of your password, notify MENU.CA and/or the RESTAURANT immediately. MENU.CA and/or the RESTAURANT may assume that any communications MENU.CA and/or the RESTAURANT receive under your password have been made by you unless MENU.CA and/or the RESTAURANT receive notice otherwise. MENU.CA and the RESTAURANT will not be held liable for any unauthorised transaction entered into using your name and password.

You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, MENU.CA and/or the RESTAURANT. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without MENU.CA and/or the RESTAURANT‘s express written consent. Further, you may not utilize any of the Website content in any meta tags or any other "hidden text" techniques or technologies without MENU.CA and/or the RESTAURANT's express written consent.

Termination and Modifications to this Website

MENU.CA and/or the RESTAURANT reserve the right, in its sole and absolute discretion to modify, suspend, or discontinue at any time, with or without notice, the Website and/or services offered on or through the Website (or any part thereof), including but not limited to the Websites’ features, look and feel, and functional elements and related services.

Links

This site may contain links to other websites, some of which are operated by MENU.CA, the RESTAURANT, or their affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. MENU.CA and the RESTAURANT are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

Trademarks and Copyrights

Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of MENU.CA, the RESTAURANT, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. MENU.CA and/or the RESTAURANT reserve all rights not expressly granted in and to the Website and its content. The Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries.

Placing an Online Food Order

While MENU.CA goes to great effort to provide accurate information, item names, descriptions, prices, heat and allergenic warnings on the Website, the menus are ultimately provided by the RESTAURANT. If you are in any doubt about allergy warnings or contents of a dish, it is best to confirm with the RESTAURANT directly before ordering.

Once you have selected your order from the Website’s online ordering menu, you will be given the opportunity to submit your order by clicking on the “Place Order” button. It is important that you check the information you entered, including your food items, before clicking on the “Place Order” button. Once you have clicked on the “Place Order” button, your input errors cannot be corrected.

If you decide that you do not wish to proceed with your online order, at any time before clicking on the “Place Order” button, you should click on the “Cancel” link found directly above the “Place Order” button or close your browser window.

Upon receipt of your payment, the RESTAURANT will begin to process your food order and MENU.CA will send you notification by email that your payment has been received and that your order is being processed.

In the event that your payment is not authorised, you will be returned to the payment selection page. You may then choose to use another payment method by clicking on the link “click here to choose another payment option” as found on the error page. If you are unable to obtain payment authorisation and are unable to pay Cash On Delivery, the RESTAURANT will not be obliged to provide their service to you.

Once you have clicked on the “Place Order” button and your payment has been authorised, you will receive a confirmation email to the email address associated with your registered user account. If you have pre-ordered outside of the RESTAURANT’s business hours, the confirmation email will be sent to the email address associated with your registered user account when the RESTAURANT next opens for business.

Once you have clicked on the “Place Order” button and your payment has been authorised, you will not be able to cancel your order nor will you be entitled to a refund, unless otherwise specified herein. As a courtesy, you may contact the RESTAURANT in order to request a change to your order; however, the RESTAURANT is under no obligation to fulfill this change request.

Pricing and Payment

Prices will be as quoted on the Website. These prices will have applicable taxes applied at checkout, but may exclude delivery costs or convenience fees, which will be added to your total amount due, where applicable. You agree to pay all fees and charges incurred in connection with your order.

Payment for all orders may be by Credit Card, Interac® Online, or Cash on Delivery.

Payments using the Website’s online ordering service are processed using a third-party payment processing service. By using the Website’s online ordering service and selecting either Credit Card or Interac® Online as your payment method, you are acknowledging and agreeing to MENU.CA and the RESTAURANT sharing your personal information as entered into the form found on the payment page to the third-party payment processing service.

By selecting Cash on Delivery as your method of payment, you agree to provide the RESTAURANT payment in the form of CAD funds upon the receipt of your order.

By selecting Credit Card as your method of payment, you agree that you must be authorised to use the credit card presented as a method of payment. Prior to the purchase of any food or beverage products on the Website, you must provide us with a valid credit card number and associated payment information including (a) your credit card number, (b) the credit card expiration date, and (c) the card verification digits required to charge your card.

By selecting Interac® Online as your method of payment, you agree that you must be authorised to use the debit card presented as a method of payment. Prior to the purchase of any food or beverage products on the Website, after you have selected Interac® Online as your payment method, you must choose the Financial Institution you would like to pay from. Please note that you must be registered for web banking through your Financial Institution. Then you will be asked to login to web banking using your usual login ID and web banking password. There you will be asked to choose an account to pay from and confirm the payment. Once confirmed, you will be taken back to the Website. As you are using the web banking system of your Financial Institution, MENU.CA and the RESTAURANT do not collect the personal information that you use to make an Interac® Online payment.

A discount may apply to your order if you use a promotional code recognised by the Website and endorsed by the RESTAURANT prior to clicking on the “Place Order” button.

Please note that occasionally there may be delays with processing payments and transactions; at times, it can take up to sixty (60) business days to be deducted from your bank account or credit card.

Online Food Order Support

If your online food order is taking longer than expected or you have questions about a menu item, you can contact the RESTAURANT.

If you are having technical problems with the Website, you can contact MENU.CA at support@menu.ca.

Complaints and Refunds

In the event that you have a complaint about your food order and/or service quality provided by the RESTAURANT, you must lodge your complaint initially with the RESTAURANT. You may seek a refund from the RESTAURANT to a maximum amount equivalent to the value of the original order. MENU.CA will process such refunds on behalf of the RESTAURANT at their request; however MENU.CA is not able to provide refunds on behalf of the RESTAURANT and is not liable for any such refunds sought.

In the event that the RESTAURANT is not able to fulfill the food order service to you, you will receive a refund for the entire order amount (including food item charges, HST, and gratuity) in the manner with which you paid.

Vouchers and Promotions

Vouchers, coupons, discounts and other promotions are not transferable or exchangeable for cash. Vouchers, coupons, discounts and other promotions are limited to one per transaction.

MENU.CA and the RESTAURANT reserve the right, at any time and at their sole discretion, to add additional terms and conditions in relation to the vouchers, coupons, discounts, and other promotions. MENU.CA and the RESTAURANT may offer any or none of the above-described vouchers, coupons, discounts, and other promotions.

All of these Terms of Use apply to any purchase made using vouchers, coupons, discounts and other promotions.

Your Status

By placing an order through the Website, you warrant that you are (a) legally capable of entering into binding contracts; and (b) are at least eighteen (18) years old.

Disclaimers

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MENU.CA AND THE RESTAURANT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MENU.CA AND/OR THE RESTAURANT, OR THROUGH, OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. MENU.CA AND THE RESTAURANT DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Liability and Indemnity

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MENU.CA OR THE RESTAURANT NOR THEIR AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, MENU.CA AND/OR THE RESTAURANT’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MENU.CA OR THE RESTAURANT, THEIR AFFILIATES OR ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MENU.CA NOR THE RESTAURANT NOR THEIR PARTNERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. MENU.CA AND THE RESTAURANT’S TOTAL LIABILITY TO YOU IN RELATION TO YOUR USE OF THE WEBSITE AND SERVICES PROVIDED THROUGH THE WEBSITE INCLUDING (BUT NOT LIMITED) TO LIABILITY FOR BREACH OF THESE TERMS OF USE AND TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) IS LIMITED TO AN AMOUNT EQUIVALENT TO TWICE THE VALUE OF YOUR ORDER OR $100.00 CDN, WHICHEVER IS THE LOWER. YOU AND MENU.CA AND THE RESTAURANT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You agree to indemnify, defend and hold harmless MENU.CA and the RESTAURANT as well as their affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. MENU.CA and/or the RESTAURANT reserve the right, at their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with MENU.CA and/or the RESTAURANT in the defense of such matter.

MENU.CA communicates your food order to the RESTAURANT and will, subject to your compliance with these Terms of Use and cooperation, use all reasonable efforts to resolve any problems or concerns arising from the submission of your online order(s) to the RESTAURANT via the Website including the processing of all credit card or Interac® refunds and charge backs where appropriate. However, the legal contract for the supply and purchase of food and beverages is between you and the RESTAURANT and not with MENU.CA. Any warranties or undertakings with respect to food and beverage quality or delivery times shall be provided to you directly by the RESTAURANT. MENU.CA cannot give any undertaking that the food and beverages ordered from the RESTAURANT through the Website will be of satisfactory quality and any such warranties are disclaimed by MENU.CA. Neither can MENU.CA 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 RESTAURANT.

Consideration, Jurisdiction and Applicable Law

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt or use of data, content, and/or services through the Website. This Website is created and controlled by MENU.CA and the RESTAURANT in Ottawa, Ontario, Canada. The laws of Ontario, Canada govern these Terms of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in Ottawa, Ontario, Canada for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. This Website has been designed to comply with the laws of the Province of Ontario and the country of Canada. If any material on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to Terms of Use

MENU.CA and the RESTAURANT reserve the right, at their sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Website after any changes to the Terms of Use or other policies means you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and MENU.CA and the RESTAURANT with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to the use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

No Waiver

The failure of MENU.CA and/or the RESTAURANT to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods, or other catastrophes.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Contact Us

If you have any questions or comments about these Terms of Use or the Website, please contact us:
MENU.CA
1338 Wellington Street West
Unit 200
Ottawa, ON
K1Y 3B7
Canada

(613) 663-6846
Toll free: 1-855-365-MENU (6368)

info@menu.ca