These are the Terms and Conditions (“Terms”) of this website, currently located at wingsup.com (the “Website”), which is brought to you by WingsUp! Restaurants (“WingsUp!” or “us” or “we” or “our”).
By registering as a user of this Website (“User” or “you” or “your”) or by placing an Order through this Website, you agree to be bound by these Terms.
There are three types of users of the Website: Restaurants and other businesses (each, a “Restaurant”), and individuals who order from Restaurants (“Customer”), and individuals who are interested in purchasing a franchise (“Franchise Prospect”). These Terms will use the words “User” or “Customer” or “you” or “your” to mean a Customer. This Website provides Customers with information about Restaurants, and permits each Customer to place an order (each, an “Order”) for food or other items (the “Goods”) with any Restaurant, which fills the Order to the Customer (the “Service”).
REGISTERING AN ONLINE ACCOUNT WITH US
Each Customer must provide the following information to register with us or to place an Order:
- Full Name (no handles, aliases or fake names).
- Email Address
- Phone Number
- Delivery Address (only for Customers placing Orders for Delivery)
Each Customer may choose to provide a Canadian credit card or WingsUp! issued Gift card when they choose to pay for their online order, or they may choose to pay upon pickup or delivery.
Each Customer will be given a User ID (based on user’s email address) and password (“Password” created by the user) to access your account (“Account”). We will assume that any person using your Account is authorized to do so on your behalf, as it is the registered users sole responsibility to keep their login information secure, and to change their password from time to time.
Each Customer must be 18 years of age or older.
We may, at our discretion verify the information you provide to us and may restrict any use of the Website until we verify your information.
All Orders are placed through the Website wingsup.com, via order.wingsup.com are done so via secure internet connection. If there is any interruption in internet connection at the time the Order is placed, there may be delays in receiving and preparing your Order.
After your Order has been sent to a Restaurant location, the Restaurant may contact you regarding your Order at the email address or phone number you provided. If you do not respond to the Restaurant, the Restaurant may cancel the Order, and the purchase price will be refunded to your credit or gift card used to place the Order (only if paid online).
An Order confirmation will be sent to your provided email address, with details about your order, including the price, and the estimated time it will be ready, along with contact details for the Restaurant.
In the event an Order has been prepared and is ready for pick up, and the Order does not get picked up within the 20 minute time frame since ordering, the restaurant will attempt to contact the Customer to notify the Order is ready. If the Customer does not respond, or shows up to pick up the Order, the order will be wasted. In this scenario, no refund will be issued (if previously paid online).
In the event an Order has been prepared and was attempted to be delivered, and the Customer does not answer the door/buzzer, a courtesy call will be made by the Delivery Driver. If the Customer does not respond, the Delivery Driver will attempt to try the door/buzzer at least two to three times. If the Customer still does not respond at the door, buzzer or by phone, the Delivery Driver will return to the restaurant and waste the Order. In this scenario, no refund will be issued (if previously paid online).
You agree to use the Website in a manner that is compliant with these Terms and in compliance with all applicable laws and regulations.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, except as expressly permitted by these Terms.
You agree to comply with all local, provincial, country and/or regional laws that may be applicable to your use of the Website and your use of the Internet.
By becoming a registered User, you consent to the inclusion of your data in our Customer database. Your data includes records of all Orders requested through the Website.
We may refuse Service, or restrict, suspend or terminate your Account at any time, for any reason or no reason, in our sole discretion. We may also use technical means to block Users or others from visiting or using the Website.
You acknowledge that the Website (including but not limited to text, sound, photographs, graphics, pictures or other material contained in any communication, advertisements, or messages, whether by us or our advertisers or partners, including the Restaurants and software) are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use the Website as expressly authorized by us, our advertisers and partners, as the case may be.
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or Service, either in whole or in part.
WingsUp! Restaurants reserves the right to cooperate fully with government authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity on the Website or otherwise. Furthermore, WingsUp! Restaurants may disclose your contact and other information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or any other legal action, and WingsUp! Restaurants shall not be liable for damages or results thereof and you agree not to bring any action or claim against WingsUp! Restaurants for such disclosure.
REPRESENTATIONS & WARRANTIES
You hereby represent, pledge and promise to us, that you shall:
- Provide true, accurate, current and complete information.
- Maintain and promptly amend all information to keep it true, accurate, current and complete.
You hereby represent, pledge and promise to us that information submitted by you for display on the Website (including any material submitted as feedback or a review of a Restaurant) shall not:
- contain fraudulent information or make fraudulent offers of items.
- violate any applicable law, statute, ordinance or regulation.
- infringe or misappropriate any copyrights, trademarks, service marks or other intellectual property or other rights of any third party.
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE GOODS AND SERVICES, INCLUDING ALL ORDERS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WINGSUP! RESTAURANTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND THE RESTAURANTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WINGSUP! RESTAURANTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND THE RESTAURANTS MAKE NO WARRANTY (I) THAT THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THAT THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH SERVICES, ORDERS OR THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THAT THE QUALITY OF ANY ORDERS, OR ANY GOODS, SERVICES, INFORMATION OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE, OR THROUGH ANY ADVERTISERS OR PARTNERS, INCLUDING ANY FOOD, WILL MEET YOUR EXPECTATIONS; (V) THAT THE PRICES DISPLAYED ON THE WEBSITE AND DISCOUNTS PROVIDED THROUGH THE WEBSITE WILL BE HONORED BY ANY RESTAURANTS, OR (VI) REGARDING ANY RESTAURANTS OR CUSTOMERS.
ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE GOODS OR THE WEBSITE IS ACCESSED BY YOU AT YOUR SOLE OWN DISCRETION AND RISK, AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER OUTCOME THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ORDERS, DATA, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED OR RECEIVED BY YOU FROM WINGSUP! RESTAURANTS, THE WEBSITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
WINGSUP! RESTAURANTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THE RESTAURANTS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE.
WINGSUP! RESTAURANTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THE RESTAURANTS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM USING THE SERVICES, ORDERS OR GOODS PROVIDED BY OR THROUGH THE WEBSITE, OR RELIANCE ON OR USE OF INFORMATION, SERVICES, ORDERS, GOODS OR SERVICES, WHETHER OR NOT PROVIDED ON OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT WINGSUP! RESTAURANTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THE RESTAURANTS NEITHER ENDORSE THE CONTENT OF ADVERTISEMENTS OR THIRD PARTIES’ WEB CONTENT, NOR ASSUME RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER LIABILITY FACILITATED THEREBY.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WINGSUP! RESTAURANTS NOR ANY OF ITS USERS, SERVICE PROVIDERS, LICENSORS, OFFICERS OR EMPLOYEES, NOR ANY RESTAURANTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, RESULTING FROM THE USE OR THE INABILITY TO PLACE THE ORDERS OR USE THE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL WINGSUP! RESTAURANTS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, OR THE RESTAURANTS BE HELD LIABLE FOR ANY DELAY OR FAILURE OR DISRUPTION OF THE ORDERS OR SERVICES DELIVERED THROUGH THE WEBSITE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER, TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
WINGSUP! RESTAURANTS ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THE RESTAURANTS SHALL NOT BE HELD RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, WHICH HINDER YOUR ACCESS TO THE WEBSITE OR THE SERVICES.
By registering with or providing Content to the Website, you grant to us a non-exclusive, royalty-free, transferable, irrevocable and perpetual right to use and reproduce the information, data and content that you provide to us from time to time, such as dining feedback or reviews of Restaurants, other text, photographs, or graphics (collectively, “Content”) for use on the Website. We reserve the right, in our sole discretion, to refrain from displaying any Content on the Website. We may delete or dispose of any Content at any time for any reason.
COPYRIGHT INFRINGEMENT CLAIMS
We are committed to complying with copyright and related laws, and we expect you and all other Users of the Website to comply with such laws as well. Using our Website to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party violates these legal provisions. You represent and warrant to us (a) that you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through our Website, and (b) that any use of the files, data, text, or other information supplied by you does not violate these legal notices and will not cause injury to any person or entity.
If you believe that your work has been copied on our Website, or any of our other systems or networks in a way that constitutes infringement under the Copyright Act, please provide the following information to us for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. ÃŸ 512(c)(3)):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may forward your copyright claim to:
By Mail: WingsUp! Restaurants, Attn: Administrator
5035 North Service Road, Unit B4
By Phone: 905-336-1100
By Email: email@example.com
You hereby agree to indemnify, defend and hold harmless WingsUp! Restaurants, its affiliates, partners, officers and employees, and the Restaurants, from any and all allegations, losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any use of the Website by you or any other person using your Account, including but not limited to any display of your information on the Website, the placing of any Orders, or from any breach of these Terms. You hereby further agree to defend, indemnify and hold WingsUp! Restaurants, its affiliates, officers and employees, and the Restaurants, harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any breach of any representations and warranties made by you to WingsUp! Restaurants.
WingsUp! Restaurants and You are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
WingsUp! Restaurants shall have the right to assign its obligations and duties under these Terms and/or in any agreement relating to the Services, Orders or Goods to any person or entity at any time.
WingsUp! Restaurants reserves the right to modify or replace these Terms, and such changes are effective upon posting on the Website. Your continued use of the Website after any changes to these Terms constitutes an affirmative acknowledgement that you agree to the current version of the Terms.
WingsUp! Restaurants reserves the right to modify some or all of its functional features or to discontinue the Service, the Website and other services with or without any notice to you. WingsUp! Restaurants shall not be liable to You or any third party should it exercise its right to modify or discontinue the Website or the Service.
All prices listed are in CAD and the User will be charged in CAD.
All Delivery Orders will be delivered as per the time confirmed on the Order, within reasonable traffic conditions. If for any reason the Restaurant is not able to deliver the food within the expected time frame, the Restaurant will provide a courtesy call and notify You within 60 minutes from the time the Order was received, to provide an updated time of arrival. If You do not receive a courtesy call within 60 minutes of placing your Order, and do not receive your Order within 60 minutes, the Restaurant may offer a discount at their sole discretion.
These Terms shall be governed by the law of Ontario, and the federal laws of Canada, without reference to any conflicts of law provisions.