Last revised November 7th, 2017
These Portal Terms of Access are a binding legal agreement between Retoll Inc., a company established under the laws of Canada (“InstaEats” “we” or “us”) and you, the user of the InstaEats Portal (“you” or “User”). By accessing, registering on or using the InstaEats Portal, you agree to be bound by these terms and conditions (“Terms”).
READ THESE TERMS CAREFULLY. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
The InstaEats Portal provides an online meeting platform that makes it easier for Consumers seeking deals from local restaurants (including at-the-moment and ongoing deals), and Restaurant Owners offering such deals to interact at their own discretion outside the Portal (as those terms are hereinafter defined). All of InstaEats’ portal, websites, blog and mobile applications are hereinafter collectively referred to as the “Portal”. By accessing or using the Portal, including by communicating with us or other InstaEats Users, you agree to comply with, and be legally bound by, the provisions of these Terms of Access (“Terms”), whether or not you become a registered User of the Portal. These Terms govern your access to, and use of, the Portal.
The Portal and your use of the Portal doesn’t change anything about your relationship with another User, your electronic payment service provider, your bank or your credit card company, which relationships remain at all times governed by the terms you have agreed separately with each of them. You remain at all times solely responsible for any sums, deals or offers you may owe to another User, your bank or your credit card company, even if in connection with or arising out of you meeting another User through the Portal. As a Consumer User you are ultimately responsible for the purchases you make from a Restaurant Owner. Also, the Restaurant Owner, not InstaEats, is the one responsible for providing you the services that you purchase from such Restaurant Owner.
InstaEats is not a Restaurant Owner or food service company. It does not employ food service staff, and is not, in the business of selling food to the public. InstaEats is in the business of providing an online platform where Restaurant Owners and those in need of related services can meet to possibly sell and purchase services amongst themselves if they so choose at their own risks and costs, subject to these Terms. No food, food preparation service, or food delivery service is transacted through the Portal.
InstaEats does not provide tax or legal advice. You represent and warrant that you have sought advice from independent counsel prior to entering into these terms or prior to any transaction between a Restaurant Owner and Consumer.
InstaEats does not act as your agent or on your behalf. InstaEats does not act as your electronic payment service provider’s agent or on their behalf. Your electronic payment service provider is the one with whom you have opened an account API, not InstaEats.
Agreement and Modification. All of the provisions in the Terms, together with InstaEats’ Privacy Policy, provided on the InstaEats Portal (the “Policies”) constitute the “Agreement” between you and InstaEats.
InstaEats reserves the right, at its entire discretion, to modify the Portal or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Portal. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Portal after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Portal and close your Account
If you have any questions for us concerning this Agreement or InstaEats generally, please contact us at: ahmed@retoll.com
Eligibility. By accessing the Portal you represent and warrant that you are at least 18 years of age and that you will not access or use the Portal for any fraudulent, unlawful or abusive purpose.
Account Registration. In order to access certain features of the Portal you must (as a Consumer may) sign up for an account with us (hereinafter a “InstaEats Account”) by either providing us your email address and creating a password or through a third-party social networking site account (such as for example Facebook).
Upon your initial request to access the Portal, we will issue you certain identifying information (such as an Account name or number and a password) based on the identifying information that you will provide us (such as your email address) (all together “InstaEats Credentials”). You understand and agree that all InstaEats Credentials are stored with our providers and that such providers may at their discretion and from time to time use affiliates and/or various third-party providers to store your InstaEats Credentials.
InstaEats will request that its providers use reasonable efforts to keep your InstaEats Credentials and Payment Credentials secure.
You must obtain your Payment Credentials directly through the API of your electronic payment service provider linked on the Portal, with whom you will open your own account and must abide by that service provider’s terms to obtain, use, secure or terminate your Payment Credentials. We do not store your Payment Credentials at InstaEats itself and have requested from our providers that they do not store them beyond what is reasonably necessary for you to input your Payment Credentials into the payment platform through the API on the Portal web page. We do not have the capacity to recall or retrieve your Payment Credentials and you understand that our providers may delete any Payment Credentials you input through the Portal web page at any time.
If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.
Your access to the Portal shall be subject to the policies for the Portal available at Privacy Policy. You agree to the use of your data (including without limitation your InstaEats Credentials and Payment Credentials) in accordance with InstaEats’ Privacy Policy.
As a Consumer (as defined herein), you hereby acknowledge and agree to the additional terms in Schedule 1.
As a Restaurant Owner (as defined herein), you hereby acknowledge and agree to the additional terms in Schedule 2.
Screenings. When you sign up to either list or purchase a service, you will (as a Consumer may) provide us with certain information about yourself to enable us to verify your identity in order to become a User. You promise to provide complete and accurate information to InstaEats about yourself and your listing(s), if any. Where permitted, InstaEats has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of Users and listings, but we do not endorse any listing, User, or his or her background. InstaEats may in its sole discretion use third party providers to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize InstaEats to request, receive, use, and store such information. InstaEats may accept or reject your application to become a User in its sole discretion.
Ongoing Information Updates. You promise to update the information you have provided to InstaEats in the event of any changes to your record, contact information, or background. Specifically, with respect to your contact information, InstaEats may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your InstaEats Account, whether or not you have authorized such activities or actions. You will immediately notify InstaEats of any actual or suspected unauthorized use of your InstaEats Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us.
Fees and Collection. The fees charged for using the Portal and other fees can be found here. You must have a valid payment method on file and pay all fees associated with our Portal by the payment due date. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees.
User Obligations. You agree that you will always use your Account and the Portal in compliance with the Terms, applicable law, and any other policies and standards provided to you by InstaEats. As a restaurant owner User providing listings (hereinafter “Restaurant Owner”) to consumer Users (hereinafter“Consumer”), you represent and warrant that you will provide non-misleading listings compliant with applicable consumer laws (hereinafter “Consumer”). As a Consumer, you represent and warrant that you’ll be legally authorized to use the services offered in the premises of Restaurant Owner, should you choose to do so at your own risks and costs.
In connection with your use of or access to the Portal you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, including: (i) infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to InstaEats, or that comes from the Portal and belongs to another InstaEats User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of InstaEats; and (ii) breach, violate, and/or circumvent any local, municipal, communal, regional, state, provincial, cantonal or federal law or other law or regulation, or any order of a court, including, without limitation, road, condominium or parking regulations, tax regulations, licensing or registration requirements, third party rights or our systems, policies, or determinations of your Account status.
Violations. InstaEats has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. InstaEats may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against InstaEats or to comply with legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of InstaEats, its employees, its Users, or members of the public.
InstaEats reserves the right, at any time and without prior notice, to remove, suspend or disable access to any content that InstaEats, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Portal or our community. If we believe you are abusing InstaEats, our Users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your User Account(s) and access to our Portal, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Portal. Additionally, we reserve the right to refuse or terminate our Portal to anyone for any reason at our discretion.
Electronic Communications and Communications with You. In order to contact you more efficiently, we may at times contact you using electronic, autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using electronic, autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these communications, but will not share your phone number(s) with third parties for their own purposes without your consent. Where InstaEats is required to obtain your consent for such communications, you may choose to revoke your consent.
PLEASE READ CAREFULLY. Subject to applicable law, you and InstaEats agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Access, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law and venue. These Terms of Access will be governed by the laws of the Province of Ontario, Canada and applicable federal laws, except for choice of law rules and treaties. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Toronto, Ontario
InstaEats Image Content. InstaEats may offer Restaurant Owners the option to upload images or photographs of their listings at their own risks and costs (“Images”). You alone are responsible for uploading and using the Images in connection with your InstaEats Account and you warrant that you will remove and cease using the Images if they no longer accurately represent your services. You agree that InstaEats is the sole and exclusive Restaurant Owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Account’s listing and you shall take no action to challenge or object to the validity of such rights or InstaEats’ ownership or registration thereof. You hereby acknowledge that InstaEats may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Account’s listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. At InstaEats’ request, you will execute documents and take such further acts as InstaEats may reasonably request to assist InstaEats to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
You understand that if InstaEats uses the term “Images” the term is intended only to indicate a photographic representation of the service at the time the photograph was taken. Images are therefore not an endorsement by InstaEats of any User, any listing or any service. Likewise, InstaEats does not commit to undertake efforts to ensure the safety, availability or adequacy (including without limitation as pertains to allergies) of services purchased through the Portal. We do not make any representations about, confirm, or endorse the safety, availability or adequacy of any listing, beyond requiring that Restaurant Owners satisfy our Eligibility Requirements
InstaEats Content and User Content License. Subject to your compliance with the provisions of these Terms, InstaEats grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any InstaEats content solely for your personal purposes and access and view any User content to which you are permitted access, solely for your own commercial purposes in the case of a Restaurant Owner or your own personal purposes in the case of a Consumer. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by InstaEats or its licensors, except for the licenses and rights expressly granted in these Terms. All other rights are reserved.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Portal such as photographs of you and your services(s), reviews, feedback, and descriptions of your services or experience with the Restaurant Owner services. By making available anycontent on or through the Portal, or through InstaEats promotional campaigns, you hereby grant to InstaEats a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, translate, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Portal. InstaEats does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright. If you think a User is violating your US copyright(s) and want to notify us, you can find information about submitting notices on the official sites such as the US Digital Millennium Copyright Act online site. We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the Digital Millennium Copyright Act and similar laws.
Suspension and Termination. You may discontinue your use of the Portal at any time and you are responsible to negotiate terms of termination on services between you and other Users.
InstaEats may terminate or suspend your access to the Portal for any reason or no reason. Termination of access to the Portal will not release either party from any obligations incurred prior to the termination and InstaEats may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
No Transfer or Assignment. Except as otherwise provided herein, Restaurant Owners and Consumers agree that nothing in these Terms constitutes a sale, or an actual or purported transfer or assignment of any right or interest in any food, material, equipment or premise used by Restaurant Owners.
Disclaimers. INSTAEATS PROVIDES A PORTAL MEETING PLACE THAT FACILITATES LISTING OF AT-THE-MOMENT DEALS BETWEEN RESTAURANT OWNERS AND THEIR CONSUMERS. INSTAEATS DOES NOT ITSELF PROVIDE FOOD, FOOD PREPARATION OR FOOD DELIVERY AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS PORTAL, EQUIPMENT MANUFACTURERS, OR ANY OF YOUR THIRD-PARTY PROVIDERS. THE PORTAL INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PORTAL, IS PROVIDED “AS IS”, ON A TEMPORARY OR EVEN EPHEMERAL BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, INSTAEATS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. InstaEats makes no warranty that the Portal, including, but not limited to, any listing and/or any service, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. InstaEats makes no warranty regarding the quality of any listings, service, Restaurant Owners, Consumers, the Portal, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Portal. No advice or information, whether oral or written, obtained from InstaEats or its service providers or through the Portal or content, will create any warranty not expressly made herein
Limitation of Liability and Waiver. NEITHER INSTAEATS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PORTAL, FROM THE USE OF OR INABILITY TO USE THE PORTAL, OR FROM YOUR LISTING VIA THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS UNDER OUR REFUND POLICY, IN NO EVENT WILL INSTAEATS OR ITS INSURER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PORTAL, EXCEED FOR A RESTAURANT OWNER THE LESSER OF THE AMOUNTS YOU HAVE PAID OR OWE FOR LISTINGS VIA THE PORTAL AS A RESTAURANT OWNER, OR FOR CONSUMERS CDN $10. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST INSTAEATS AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “INSTAEATS PARTIES”) AND ANY INSTAEATS USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PORTAL INCLUDING, WITHOUT LIMITATION, A LISTING NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY BREACH OR DEFECT IN A SERVICE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR CO-USERS AND, IN THE CASE OF THE INSTAEATS PARTIES, ANY ACTIONS OR INACTION OF THE RESTAURANT OWNER.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSTAEATS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold InstaEats and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Portal or your violation of these Terms; your User content; Images; your interaction with any User, any listing, or creation of a listing; or the use, sale, purchase or rental of a service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, purchase, sale or use of a service.
Liquidated damages. You acknowledge that actual damages likely to result from engaging in grey market transactions (i.e., any scheme, conduct or behavior aimed directly or indirectly at circumventing the obligation to pay any InstaEats Fees) are difficult to quantify and would be difficult for InstaEats to prove. You will pay InstaEats CDN $1,000 in Liquidated Damages to compensate InstaEats for any such conduct. This amount does not constitute punitive damages and is a reasonable estimate of damages that would otherwise be difficult to quantify were it not for this section of the Terms.
No Agency. InstaEats does not appoint you or any other User as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments onbehalf of InstaEats and InstaEats will not make commitments on your behalf, except as contemplated by the Portal or as expressly stated in this Agreement
App Stores. You acknowledge and agree that the availability of the mobile applications (which are part and parcel of the Portal) is dependent on the third party from which you received the mobile applications, e.g., the Apple iTunes App Store, Google Play, and/or other app stores ("App Stores"). You acknowledge that this Agreement is between you and InstaEats and not with the App Stores. InstaEats, not the App Stores, is solely responsible for the Portal, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Stores in connection with the mobile applications. You agree to comply with, and your license to use the mobile applications is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.
General.
InstaEats’ failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including InstaEats’ policies referenced herein, constitute the entire agreement between you and InstaEats with respect to the use of your InstaEats Account and the Portal. Save as expressly provided herein, this Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and InstaEats and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms of Access.
You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of InstaEats. You will remain responsible for your obligations hereunder in any event. An InstaEats Director or Officer must agree to any modification or waiver of any term of this Agreement in writing.
Notifications. InstaEats can be contacted at 53 Village Center Pl., Suite 201, Mississauga, Ontario, L4Z 1V9 Canada. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Portal of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
The following Sections also apply if you search or consult listings uploaded by Restaurant Owners on the the InstaEats Portal:
Benefit of a listing. When you consult listings from a Restaurant Owner through InstaEats, you must consult them for your personal use and not for any commercial purposes. You must exercise reasonable care when selecting listings with due regard to your own needs and health condition, including those of co-users in your party. You are required at all times to comply with all applicable laws. In the event InstaEats has any concern about your compliance, InstaEats may terminate your Account in its discretion at any time and require the return of any listing content on behalf of the Restaurant Owner. If you have any concerns about a listing, please contact the Restaurant Owner immediately. You will be fully financially responsible for any claims, loss, or damage related to your misuse of any listing or its contents.
Fraud. If any part of a listing constitutes a fraud or is otherwise non-compliant with applicable law, you, as the Consumer, must immediately contact the relevant governmental authority in your location to make a report, but in no event more than 24 hours after discovering the fraud, illegality or non-compliance; and cooperate fully with the Restaurant Owner, law enforcement, any other involved party and any other authorities in all matters related to the investigation.
The following Sections also apply if you post listings as a Restaurant Owner on the InstaEats Portal:
Fees. As a Restaurant Owner, by entering Payment Credentials on the API of your electronic payment service provider linked on the Portal, you authorize API payment activity and/or charge on any payment methods on file in your Account for all amounts you agreed to be due including Fees, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines incurred during the listing period.
InstaEats does not guarantee that your electronic payment service provider or its API will perform as you intend. You remain at all times responsible for payments owed to the Restaurant Owner pursuant to the services.
Information Given at Registration. When you sign up on the InstaEats Portal, you will identify services that you want to list through the Portal. You represent and warrant that each service complies with the Eligibility Requirements. You may only use the Portal in connection with services that you render or otherwise have all the necessary rights and permissions to provide.
Service Availability. Once a service is listed, you must make the service available or deliver the service as expected by the Client. If you offer the Client the option to receive the service at a persistent specified location, you must supply the service location accurately to InstaEats and ensure that the service is available at that location at the beginning of the service period or the delivery time.
Listings. You remain at all times responsible to collect payments from your clients. You will have the ability to set and revise your listing’s duration and expiry date as you choose. To the extent you owe InstaEats money for any reason, InstaEats also reserves the right to suspend, deactivate or terminate your Account.
Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Portal. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.
Maintenance. You are required to regularly check your listings and services for any defect in compliance and safety. You promise that, at all times, your service will be in a safe and ready-to-use condition, and in full compliance with all applicable inspection and registration requirements (as applicable). You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your services to be hired. In addition, if InstaEats believes that your services do not conform to reasonable standards, InstaEats will notify you and reserves the right to remove or decline listing your services until its concerns have been resolved. InstaEats may, but does not commit to, undertake efforts to ensure the safety of services sold through the Portal.
Damage Exclusions. InstaEats and its insurers are not responsible for any personal property or real estate that is involved in your services or damaged during the service period. In addition, you should expect normal wear and tear on your premises and equipment as a normal consequence of your operations.
Insurance. Other Legal Matters. You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements (if any) for your services and equipment, including without limitation worker’s compensation insurance, WSIP and any other similar insurance as applicable at the location of the premiseparticipation in the Portal, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You also promise to maintain registration information and proof of insurance in your equipment and services during every service period. You agree to provide InstaEats with information regarding your policy’s coverage as may be requested. You must inform InstaEats promptly in the event information previously provided changes.
Last revised November 6th, 2017.
Retoll Inc. uses or links you to service providers, notably Stripe (all together with Retoll Inc. “InstaEats” or the “Company”) committed to protecting the privacy of individuals who visit the Company’s Web sites (“Visitors”) and individuals who register to use the Portal as defined below (“Users”). This Privacy Statement describes InstaEats’s Web site privacy practices in relation to the use of the Company’s platform and the related applications and Portal offered by InstaEats (the “Portal”).
InstaEats also enables its Users to use third-party services (referred to as “add-ons”) as part of running Web applications on the Company’s platform. When you share information with these third-party add-on services through the Portal, the privacy statement of the third party applies. InstaEats’s Web sites may contain links to other Web sites. The information practices or content of such other Web sites is governed by the privacy statements of such other Web sites.
InstaEats reserves the right to change this Privacy Statement. InstaEats will provide notification of the material changes to this Privacy Statement through the Company’s Web sites at least thirty (30) business days prior to the change taking effect.
When registering, or expressing an interest in obtaining additional information about the Portal, InstaEats may require you to provide the Company with geolocation data and personal contact information, such as name, company name, address, phone number, and email address (“Contact Data”). When using the Portal, InstaEats requires you to provide the Company with financial qualification and billing information, such as billing name, billing address, and credit card number (“Billing Information”). Contact Data and Billing Information are referred to collectively as “Data About Users.”
The Company uses Data About Users to enable the requested Portal functionalities. For example, if you fill out a Web form so that Company may contact you, the Company will use the information provided to contact you about your interest in the Portal.
The Company may also use Data About Users for promotional or marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Portal and to send you information regarding the Company and its partners, such as information about promotions or events.
InstaEats uses credit card information solely to collect payment for your use of the Portal and to check the financial qualifications of prospective Users.
InstaEats may share Data About Users with the Company’s contracted service providers so that these service providers can provide services on our behalf. Unless described in this Privacy Statement, InstaEats does not share, sell, rent, or trade any information provided with third parties for their promotional purposes.
The Company may share Data About Users with other companies in order to work with them, including affiliates. For example, the Company may need to share Data About Users for customer relationship management purposes.
From time to time, InstaEats may partner with other companies to jointly offer products or enable functionalities. If you purchase or specifically express interest in a jointly-offered product or service from InstaEats, the Company may share Data About Users collected in connection with your purchase or expression of interest with our joint promotion partner(s). InstaEats does not control our business partners’ use of the Data About Users we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.
InstaEats uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.
InstaEats reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.
The Company’s service providers may store, transfer and access Data About Users around the world, including the United States and other countries in which the Company has operations. This Privacy Statement shall apply even if InstaEats transfers Data About Users to other countries.
InstaEats offers Users and Visitors who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you may send a request specifying your communications preferences to the email address indicated in Company’s term of use. Users cannot opt out of receiving transactional emails related to their account with InstaEats or the Portal.
Users may update or change their registration information by editing their user or organization record. You can update your information on the accounts page. For additional information not accessible from the accounts page, you can make a request to the email address in Company’s terms of use. Requests to access, change, or delete this information will be handled within 30 days.
InstaEats retains the information we receive as described in this Privacy Statement above for reasonable duration, for example, as the case may be, for as long as needed to provide the Portal, comply with our legal obligations, resolve disputes, establish legal defenses, to conduct audits, pursue legitimate business purposes, and enforce our agreements.
Questions regarding this Privacy Statement or the information practices of the Company’s Web sites should be directed to the email address in Company’s terms of access.
