Welcome to Tastygo!

PLEASE NOTE that Tastygo Online Inc. (“Tastygo”) provides this website (tastygo.com, tastygo.ca and other related websites, collectively the “Tastygo Website”) and the services offered through it (the “Tastygo Services”) to you subject to the following terms and conditions, which may be changed or updated by Tastygo from time-to-time, without notice to you. Any changes to this Website Terms of Use Agreement (the “Agreement”) will be effective immediately upon posting. You should periodically review this Agreement to ensure that you are aware of the most current terms and conditions. Your use of the Tastygo Website or the Tastygo Services signifies your acceptance of the Agreement in effect at the time of such use.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT (INCLUDING ANY AGREEMENTS AND POLICIES INCORPORATED BY REFERENCE), YOU ARE NOT AUTHORIZED TO USE THE TASTYGO WEBSITE OR THE TASTYGO SERVICES.

1. User Representations and Warranties

 

You represent and warrant that:

 

(a) you are of the age of majority in the province/state from which you access the Tastygo Website;

 

(b) you are able to form legally binding contracts;

 

(c) all information you submit to the Tastygo Website and/or to Tastygo is truthful and accurate;

 

(d) you will keep your contact information, and all information you post to the Tastygo Website, up-to-date;

 

(e) your use of the Tastygo Website will not violate any provincial, state or federal laws or regulations;

 

(f) you will not post or link to content which is false, inaccurate, misleading, defamatory, libellous, pornographic, sexually-explicit, lewd, profane, obscene, violent or otherwise objectionable (as determined by Tastygo in its sole and absolute discretion);

 

(g) you will not distribute or post spam, viruses or other deleterious or malicious code or messages, engage in any unauthorized automated use of the system, interfere with, disrupt or create an undue burden on the Tastygo Website or the networks or servers connected to the Tastygo Website, or otherwise use the Tastygo Website for malicious purposes (as determined by Tastygo in its sole and absolute discretion);

 

(h) you will not post pictures, data, audio or visual files, or any other content that is excessive in size (as determined by Tastygo in its sole and absolute discretion);

 

(i) you will not accept compensation from a third party in relation to your use of the Tastygo Website or the Tastygo Services, including in exchange for referring or being referred, or for posting to the Tastygo Website on behalf of a third party;

 

(j) you will not circumvent or manipulate Tastygo’s fee, billing, commission, referral or reward structure, or any third party’s information or prices;

 

(k) you will not provide your Tastygo password or account information to any third party, allow any third party to access your Tastygo account, or sell or otherwise transfer your Tastygo account to any third party;

 

(l) you will not use the Tastygo password or account information of any third party, access any third party’s Tastygo account or impersonate a third party on the Tastygo Website;

 

(m) you will not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in or relating to the Tastygo Website, or copy, sell or commercially exploit any aspect of the Tastygo Website or the Tastygo Services; and

 

(n) you will abide by the terms and conditions set out in this Agreement, as updated by Tastygo from time-to-time.

 

2. Contributions

You are solely responsible for the content of your postings to the Tastygo Website (“Contributions”). By posting Contributions to the Tastygo Website, you represent and warrant that you own all the rights necessary to properly do so, and that the Contributions do not infringe the intellectual property rights (including copyright, trade-mark, patent or trade secrets) of any third party. You acknowledge and agree that you are solely responsible and liable for complying with all applicable laws with respect to your Contributions (including intellectual property and advertising laws).

If you post Contributions to the Tastygo Website, you hereby agree that you are granting Tastygo a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sub-licensable license to use, modify, reproduce, create derivative works of, publicly display, sell and/or distribute the Contributions in any form or media whatsoever, and you hereby waive any moral rights you may have with respect to such Contributions.

You understand and agree that Tastygo is not responsible for the content of contributions made by other users of the Tastygo Website, and that by using the Tastygo Website, you may be exposed to contributions which are offensive, inaccurate or otherwise objectionable.

3. Website Management

 

Tastygo reserves the right but does not have the obligation to: (a) monitor the Tastygo Website for violations of this Agreement; (b) take appropriate legal action against anyone who, in Tastygo's sole discretion, violates this Agreement, including without limitation, reporting them to law enforcement authorities; (c) in Tastygo’s sole discretion and without limitation, refuse, restrict access to or availability of, remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement or any Tastygo policy; (d) in Tastygo’s sole discretion and without limitation, notice or liability, remove from the Tastygo Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Tastygo Website; (e) suspend or terminate the accounts of users who violate this Agreement; and (f) to otherwise manage the Tastygo Website in a manner designed to protect the rights and property of Tastygo and others and to facilitate the proper functioning of the Tastygo Website and the Tastygo Services.

 

4. Cash orders

Customers who order by Tastygo and choose to pay cash must pay cash to the restaurant upon pick up or delivery. If the customer decides to change to credit card or cash at the restaurant, the restaurant has the right to refuse the transaction. This will constitute a breach of use on the customers end. Abuse of the cash order system, such as abundance of a cash order, without prior notice, may result in collection of the funds, and termination of accounts. Cancellation of an order must be reiceved 4 hours before actually pickup/delivery time.

 

5. Passwords

 

When you create an account with Tastygo on the Tastygo Website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.

 

6. Referral System

 

The Tastygo Website uses a unique referral marketing system. A user who refers a new user is called a Referrer and the new user who was referred is called a Referral. When a Referrer/Referral relationship is created, that relationship is permanent and will not be altered or transferred. Any fraudulent behaviour such as manipulating Referrer/Referral relationships may result in termination of your account. 

 

7. Gift Cards

 

If a new account is created through the use of a gift card, the person who purchased the gift card will be the Referrer, and the new account user will be the Referral. 

 

8. Tastygo Responsible for Restaurant’s Food.

 

The Tastygo Website is an intermediary which provides a platform for restaurants to advertise and sell food and beverages, and a platform for customers to buy food and beverages. Tastygo is NOT responsible for and will not be liable in any way for the products and services of restaurants or other third parties available through the Tastygo Website, including quality, food safety, promised delivery time, prices or customer satisfaction. The content on the Tastygo Website should not be interpreted as a recommendation by Tastygo for any specific restaurant, business, product or service, use or course of action. Nothing on the Tastygo Website should be construed as an offer to sell food or beverages by Tastygo.

 

9. Disputes Between Users and Restaurants

Tastygo reserves the right, but has no obligation, to monitor disputes between individual users and restaurants. Individual users and restaurants are each solely responsible for their own respective conduct.   In case of dispute contact Tastygo directly. Tastygo will conduct an investigation concerning the dispute. Tastygo reserves the right to withhold money from the restaurants pending the resolution of the dispute

10. Termination of Account/Agreement

 

This Agreement (as modified by Tastygo from time-to-time in accordance with this Agreement) will remain in effect until terminated. You may terminate your account at any time by following the instructions on the Tastygo Website, or by providing Tastygo with at least 14 days written notice to support@tastygo.com, 1255 Seymour St, Vancouver, BC V6B 0H1. Tastygo may terminate your account and/or this Agreement immediately if you breach this Agreement or for convenience upon 14 days notice to you. Notice of any termination will be sent to the email address you provide in the contact information you submit (it is your responsibility to keep such information current).   Termination of this Agreement will not relieve the parties of obligations that by their nature survive such termination including: limitations on liability, disclaimers and indemnities. Upon termination the monies owed to the customer will be sent to them via check less the service charges. If it is found the account was fraudulent the account will be terminated without account dispersement.

 

11. Intellectual Property

 

The Tastygo Website is protected by Canadian and international copyrights for design of the Tastygo Website and its content, including layout, typography and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise. Trade-marks, copyright works and other intellectual property appearing on the Tastygo Website are the property of their respective owners and may not be used without the express written consent of the owner. 

 

12. Permitted Use

 

Subject to your compliance with Section 10 (Intellectual Property), you are permitted to print and download information from the Tastygo Website for your personal, non-commercial use provided that you do not modify any of the Tastygo Website pages or other content, or remove or alter any proprietary notices. All other use is prohibited.  

 

13. Links

 

The Tastygo Website may contain hypertext links to other websites, and you are encouraged to use discretion when using such links. The suitability and content of information accessed by any such links are the sole responsibility of the persons that maintain that information, and are not within the control of Tastygo. 

 

14. Privacy

 

Tastygo recognizes and respects your personal privacy. If you specifically provide Tastygo with your personal information in order to set up an account on the Tastygo Website, such information will be used for the purpose of setting up and managing your account, managing your referrals and rewards, and processing your orders and payments. The personal information in your account may also be provided to the restaurants you choose to order from, as required in order to process your orders and payments. The Tastygo Website uses cookies, and Tastygo may gather information about users of this website for the purpose of better understanding user demographics and improving and tailoring the content of this website for users in general. Tastygo will not sell your personal information, or otherwise make available identifiable personal information to third parties except as required to fulfil the purposes set out above.

 

15. Disclaimer

 

YOU AGREE THAT YOUR USE OF THE TASTYGO WEBSITE AND THE TASTYGO SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TASTYGO (INCLUDING FOR THE PURPOSES OF THIS SECTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TASTYGO WEBSITE (INCLUDING ALL THIRD PARTY GOODS AND SERVICES PURCHASED, RECEIVED OR ADVERTISED THROUGH THE TASTYGO WEBSITE), THE TASTYGO SERVICES AND YOUR USE THEREOF. THE TASTYGO WEBSITE AND ITS CONTENT AND THE TASTYGO SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND TASTYGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE TASTYGO WEBSITE’S CONTENT (INCLUDING THIRD PARTY CONTRIBUTIONS) OR THE CONTENT OF ANY WEBSITES LINKED TO THE TASTYGO WEBSITE, OR THE FITNESS FOR ANY PARTICULAR PURPOSE OF THE TASTYGO WEBSITE OR THE TASTYGO SERVICES.

 

16. Limitation of Liability

 

Tastygo (including for the purposes of this section, its officers, directors, employees, and agents) expressly disclaims liability for any and all damages and losses (whether direct or indirect, incidental, consequential, punitive or otherwise) arising from or in any way related to any: (a) use of or inability to use the Tastygo Services, the Tastygo Website or the content, information or hypertext links the Tastygo Website contains; (b) breach of copyright or other intellectual property right, or contravention of any local, national or international restriction on publication or transmission of information; (c) errors, mistakes, omissions or inaccuracies of content and materials; (d) death, personal injury or property damage, of any nature whatsoever, resulting from your access to, use of or inability to use the Tastygo Services, the Tastygo Website or the content, information or hypertext links the Tastygo Website contains; (e) unauthorized access to or use of TASTYGO’S WEBSITE OR servers AND any and all personal information and/or financial information stored therein; (f) interruption or cessation of transmission to or from the Tastygo Website; (g) bugs, viruses, Trojan horses, or other deleterious code which may be transmitted to or through the Tastygo Website or the content, information or hypertext links the Tastygo Website contains; or (h) any product or service advertised or offered by a third party through the Tastygo Website. Notwithstanding anything to the contrary in this Agreement, as the Tastygo Website is free for you to use, Tastygo will not be liable to you for any amount for any cause whatsoever, regardless of the form of the action.

17. Indemnity

 

You agree to indemnify and hold Tastygo (including, for the purposes of this section, its officers, directors, employees and agents) harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party relating to: (a) your Contributions, (b) your use of the Tastygo Website and/or Tastygo Services in violation of this Agreement, and/or (c) your breach of this Agreement.

 

18. Independent Contractors

 

Nothing in this Agreement will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between you and Tastygo.

 

19. No Third Party Beneficiaries

 

This Agreement is between you and Tastygo. There are no third party beneficiaries to this Agreement.

 

20. General

 

These terms and conditions of this Agreement will be governed and interpreted in accordance with the laws of the Province of British Columbia, without regard to its conflict of laws rules and you irrevocably submit to the exclusive jurisdiction of the courts of British Columbia with respect to any dispute. In the event that any provision of these terms and conditions is not enforceable, such provision will be severed and the remaining terms and conditions will remain in full force and effect. The failure of Tastygo to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. These terms and conditions (including any agreements incorporated by reference) constitute the entire understanding and agreement between you and Tastygo with respect to your use of the Tastygo Website and the Tastygo Services. You may not assign your rights under this Agreement to any third party. Tastygo may assign its rights under this Agreement without condition.