Online Ordering Terms and Conditions
LAST UPDATED: 1 November 2014
This website or mobile device from which you are accessing these Terms of Service (“Site”) is created and maintained by Hal Smith Restaurants (a service offered by Tacit Innovations Corp), referred to below as (“TI”, “we” or “us”), an Ontario Corporation. TI is a company registered in Ontario, Canada. TI provides Hal Smith Restaurants(“App”) – a way for you to discover restaurants, browse menus, and order and pay from your smartphone (“Services”).
- ACCEPTANCE OF TERMS OF SERVICE
This document tells you the terms and conditions that apply to the provision of our services (“App Terms”) through Hal Smith Restaurants – our mobile App. By accessing or viewing the App or Site, you agree to these Terms of Services and to any additional rules that we may post from to time to time on the App or Site. These Terms of Service represent an ongoing contract between you and Hal Smith Restaurants and apply to your use of the Hal Smith Restaurants App and website for the duration of its use. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
- CHANGES TO TERMS OF SERVICE
We may make changes to these Terms of Service (and to any such additional rules) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Service on the Site. You can determine when we last changed these Terms of Service by referring to the “LAST UPDATED” legend above. Any such modification will be effective upon our posting of new Terms. Your access to or use of the App or Site following changes to these Terms of Services will constitute your acceptance of those changes. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
- CONTENT RIGHTS
Hal Smith Restaurants may make available via the Site content, including (but not limited to) information, comments unless otherwise stated, the copyright and other intellectual property rights in the App (including without limitation photographs and graphical images) (collectively, the “Services Materials”) are owned by TI or Restaurants or other licensors. The Services Materials are protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada and world-wide, and all rights therein are reserved. For the purposes of these Terms, any use of the Services Materials other than in accordance with this Section is prohibited. You are only permitted to print and download extracts from this Website for your own personal use in association with the Services, and on the following basis:
- You shall not modify the digital or paper copies of the Services Materials that you print off and/or download and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- You shall ensure that the status of TI and/or the applicable Restaurants as the authors of the Services Materials is always acknowledged.
Except as stated above, you shall not copy, reproduce, modify, republish, distribute, transmit, display, frame, download or sell the Services or the Services Materials in any form or by any means, in whole or in part, without TI’s prior written consent. You shall not use the Services or the Services Materials for commercial purposes without obtaining a specific license from TI to do so. Except as stated above, no part of this Services may be reproduced or stored in or on any other website or included in any publicor private electronic retrieval system or service without TI’s prior written permission. Any rights not expressly granted in these Services Terms are reserved.
- YOUR ACCOUNT
If you use the Hal Smith Restaurants app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Hal Smith Restaurants App sells products that people can purchase with a credit card. Hal Smith Restaurants and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Hal Smith Restaurants App. In creating it, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with TI. Please read our Privacy Policy for more information.
- SERVICE ACCESS
While TI tries to ensure the App and its Services are available twenty four (24) hours a day, TI shall not be liable if the App or Services are unavailable at any time or for any period. Access to the Services may be suspended temporarily and without notice. As the transmission of information via the Internet is not completely secure, TI will take steps to protect your personal information and other information you transmit to us, however, cannot guarantee the security of the data transmitted to the Services and any and all transmission of information is at your own risk. You may stop using the Services at any time without prior notice to us.
- VISITORS MATERIAL AND CONDUCT
We may include features on the Site that allow you to share your Content with us and other users of the Site. Please note that by sharing Content through the Site, your Content may become publicly accessible. Other than personally identifiable information, which is governed by the TI Privacy Policy, any materials, comments, feedback or other content you transmit or post to the Services (the “Submissions”) will be considered non-confidential and non-proprietary. TI will have no obligations with respect to the Submissions. By posting Submissions to the Services, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to the Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions to the Services. Furthermore, you hereby grant to TI a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Submissions, in whole or in part, worldwide in all manner and media whether now known or later developed. If requested, you shall provide waivers in favor of TI with respect to any and all moral rights in the Submissions held by any individuals who may be authors of such Submissions. TI and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes. You may not misuse the Services (including by hacking). TI will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of these Website Terms.
- DISCLAIMER
While TI tries to ensure that information on the App is correct and current, we do not promise it is always accurate, current or complete. TI may make changes to the material on the App, at any time without notice. The material on the App may be out of date, and TI makes no commitment to update that material. In particular, we do not guarantee that the information provided by the Restaurants and displayed through the App such as the menus, pricing and estimated times and collections is correct or up to date. TI provides you with access to the App on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Terms might apply in relation to the App). TI does not warrant that the App or any content will be uninterrupted or error-free, that defects will be corrected or that the App or the servers hosting the App Services will be free of viruses or other harmful components. You are responsible for the security of your password that you used to register with the App. Unless TI negligently discloses your password to a third party, TI will not be liable for any unauthorized transaction entered into using your name and password. PLEASE NOTE: Whilst TI goes to great effort to provide accurate information, item names, descriptions, prices, heat and allergenic warnings on this website, the menus are ultimately provided by the Restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering.
- TERMINATION
These Terms of Service are effective until terminated. You agree that TI may terminate or suspend (at our absolute discretion) your access to or use of the App and services or any portion thereof, at any time, if you breach these Terms of Services, or we reasonably believe that you have breached these Terms of Services, subject to any restrictions placed on our exercise of such rights under applicable law by notifying you in writing (including by email). Upon any such termination or suspension, your right to use the App and its Services will immediately cease. You agree that any termination of your access to or use of the App and its Services may be effected without prior notice to you. You further agree that neither we, nor our affiliated entities will be liable to you or any third party for termination of your access to or use of the App.
- LIABILITY
While we endeavor to maintain the information on this Site accurate and up-to-date, you acknowledge that this Site and all Content, information and materials made available through this Site are provided to you “as is” without any express warranties or representations of any kind. Hal Smith Restaurants, its affiliated companies and the officers, directors, employees, shareholders or agents of any of them, shall not be liable or responsible for any amount or kind of loss or damage that may result to you or a third party (including but not limited to any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable or if TI is expressly advised of the possibility of such damage) in connection with the App and its Services or in connection with the use, inability to use or the results of use of the App and its Services. TI, and any of our affiliated companies and the officers, TI takes full responsibility for the content of the App and its Services and for the communication of orders to the Restaurants as set out in these App Terms. TI’s customer care team will, subject to your compliance with these App Terms and cooperation, use all reasonable efforts to resolve any problems or concerns arising from the submission of your orders to Restaurants via the App and its Services including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Restaurants that you place your order with and not with TI. Any warranties or undertakings with respect to food and beverage quality or delivery times shall be provided to you directly by the applicable Restaurants. TI cannot give any undertaking that the food and beverages ordered from Restaurants through the App and its Services will be of satisfactory quality and TI disclaims any such warranties. Neither can TI give an undertaking that the estimated delivery and collection times stated on the Services are accurate. These disclaimers do not affect your statutory rights against the Restaurants. Nothing in these Terms excludes or limits our liability for death or personal injury arising from TI’s negligence, nor TI’s liability for fraudulent misrepresentation, nor any other liability, which cannot be excluded or limited under applicable law. Nothing in the Terms affects your statutory rights.
- INDEMNITY
With the exception of any liability referred to above, TI’s total liability to you in relation to your use of the App and its Services that we provide including (but not limited) to liability for breach of these App Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or CDN $100.00, whichever is the lower. If your use of material on the App and its Services results in the need for servicing, repair or correction of equipment, software or data, you shall assume all associated costs. You agree to defend, indemnify and hold harmless TI, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms or your violation of any law or the rights of any third party with respect to the App and its Services. TI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by TI.
- GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Disputes arising in connection with these Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Ontario.
- ADDITIONAL TERMS
We are committed to protecting your privacy and security. All personal information that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is hereby incorporated into these Terms and is available on the maegan website. If any provision or part of a provision of these App Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these App Terms and the remainder of these App Terms will continue to apply. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies. You may not transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to. The headings in these App Terms are included for convenience only and shall not affect their interpretation.
- INTENDED USE OF SERVICES
This App, its features and content are for personal and non-commercial use only. You may not use or otherwise exploit the App and/or any Features or Content in connection with any business or commercial undertaking (whether or not for profit). Your use of the App and/or Features must at all times comply with all applicable laws, rules and regulations. We welcome visitors of all ages to use this App. Certain aspects of the App, its features or its Content may, however have age restrictions based on what is appropriate ordering for certain ages or what is legally permitted by law according to the restaurants. Where age restrictions apply, you may be asked by the restaurant to verify your age before being served. By accessing and/or using the App, you affirm that you are of legal age to enter into these Terms of Service or, if you are not, that you have obtained parental or guardian consent.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
- SEVERABILITY
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
Privacy Policy
Hal Smith Restaurants is a service offered by Tacit Innovations Corp (“TI”, “we” or “us”), an Ontario Corporation. This “Privacy Policy describes how Hal Smith Restaurants collects, processes and protects your personal information in connection with your use of Hal Smith Restaurants – our mobile applications “App”.
- Why, how and what Personal Information we collect
You can generally use parts of our Services or our website without giving us any personal information about you. However, most of our Services are only accessible if your register a user account with Hal Smith Restaurants and complete and submit the “Personal Information” required for the registration process. When you register a user account with Hal Smith Restaurants we may request you to provide us with Personal Information about you which may comprise your name, address, phone number, email address, credit or debit card information and details of your usage of our Services or other information specifically required to offer our services to you. Some of the Personal Information that we collect about you will be “Personal Information” – This means information and data related to you and which may be used to identify you.
- How we use the Personal Information we collect
We use your Personal Information where this is required to provide relevant information and services or parts thereof (including our website) to you and generally to fulfill our contractual obligations towards you. We will also use and analyse the Personal Information we collect so that we can administer, support, and develop our business and for any other statistical or analytical purposes. In particular, we may use your Personal Information for any of the following purposes, provided that there is permissible under applicable law:
- To register you and to enable you to use our App or Services;
- To better serve you by providing relevant information (i.e. restaurants that cater to your preferences and profile, location information to determine restaurants closest to you);
- For assessment and analysis of our market, customers, products and services, including asking you for your opinions on our products and services and carrying out customer surveys;
- To enable us to monitor, review and improve the products and services which we offer;
- For internal record keeping
- To review the third party services you have used and to recommend similar services to you.
To the extent permissible pursuant to applicable law, (a) we may combine the Personal Information together in a combined database or in separate databases. We will not return your Personal Information for longer than is necessary for the purposes for which it was intended or initially collected, or as required under any contract with you or by applicable law. We will delete your Personal Information once you inform us that you will no longer be using our Services unless and to the extend we are required to retain your Personal Information for legitimate reasons (e.g. due to legal requirements or if we still need your Personal Information to process the contractual relationship with you, such as billing or account) or if a deletion of your Personal Information would only be possible with unreasonable efforts, in which case we will lock your personal information instead of a deletion. We will not collect an excessive amount of personal Data about you or any information that is not relevant to the purposes it was collected for.
- Disclose of your Personal Information
The App processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live. Your personal information is subject to the laws of the country in which it is held, and may be subject to disclosure to the government’s courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. We will always take steps to ensure that your information is treated in accordance with this policy. Some third parties process information on our behalf, such as processing credit card payments and providing support services for us. In addition, we may need to provide your Personal Information to any delivery restaurants (“Delivery Restaurants”) that you have placed your order with. By submitting your Personal Information, you agree to this transfer, storing or processing. TI will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about other services that may be of interest to you. They may contact you by telephone, SMS as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out below and/or by amending your profile accordingly. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your Personal Information may be disclosed or transferred to the target company, our new business partners or owners or their advisors. We may use the Personal Information that you provide to us if we are under a duty to disclose or share your Personal Information in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce our Service Terms and any other agreement we have with you. This includes exchanging Personal Information with other companies and other organizations for the purposes of fraud protection and prevention. We will always take steps to ensure that your Personal Information is used by third parties in accordance with this Privacy Policy, including ensuring that third parties are contractually required to comply with this Privacy Policy.
- Security
We are committed to ensure that your Personal Information is kept and stored securely and we maintain reasonable physical, technical and organisational measures and procedures to safeguard and secure the information we collect through our App. This has been done with a view to preventing unauthorised or unlawful processing of your Personal Information and accidental, unauthorised or unlawful access, use, processing, copying, alteration, transfer, loss or destruction of, or damage to your Personal Information. We protect the security of your Personal Information by doing the following:
- Encryption of our services where appropriate using SSL;
- Reviewing information collection, storage and processing practices (this includes physical security measures to guard against unauthorized access to systems)
- Limit access to Personal Information (for example, only our staff or employees who need access to it for the purposes described in this Privacy Policy will have access to it).
- Application
Our Privacy Policy applies to all of the services offered by TI and its affiliates, including services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.
- Accessing and updating your Personal Information
You can access, review and edit your Personal Information at any time by logging into your user account and visiting your user profile. Once you have access to your user profile you can review and edit any Personal Data you provided to us when you registered to our Services. Whenever you use our services, we aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or delete it. We reserve the right to reject requests that are unreasonably repetitive, require disproportionate technical effort, rick the privacy of others, or would be extremely impractical.
- Enforcement
We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.
- Changes to this Privacy Policy
Hal Smith Restaurants may change and update this Privacy Policy from time to time. Hal Smith Restaurants will notify you of any material changes or additions to this privacy Policy and will provide you with a copy of the amended Privacy Policy, either on our website, by use of your email address provided to Hal Smith Restaurants or by any other suitable means which ensure that you will be able to take notice of the changes to this Privacy Policy.
- Contact
You can contact us to learn more about our commitment to privacy and this Privacy Policy. Under certain jurisdictions and data protection laws you may have the right to request details of Personal Information, which we hold about you or to request the correction or deletion of your Personal Information. Please help us to ensure that the information that we hold about you is accurate and up to date. If you think that any information we have stored about you is incorrect, or have any other comments, queries or requests please contact us
Online Ordering Refund & Return Policy
To ensure the best possible customer experience, we offer the following options for returns and refunds:
Should you have any questions regarding our policy, please do not hesitate to contact the store in which you ordered from via email or phone. Please note that cancellations cannot be accommodated once order preparation has begun.
Food Order Errors
If the items you receive differ from your order receipt, please contact us or your third-party delivery service as soon as you notice the discrepancy. You may pick up the correct items at your convenience and the incorrect item will be refunded.
Incomplete Orders
In the event that your order is incomplete, we are committed to making it right. Please notify us or your third-party delivery service immediately.
Please Note: We offer complimentary items such as disposable silverware and condiments upon request. If a courtesy item is inadvertently omitted, we encourage you to inform us so we can address the matter. However, we cannot offer refunds, discounts, or store credit for missing courtesy items.
Food Dissatisfaction
We take pride in preparing our dishes with the finest, freshest ingredients. In the event that your order is incorrect, incomplete, or dissatisfactory, please contact the store in which you ordered.
Order Cancellations
Once an order has been prepared, we are unable to cancel, refund, or provide credit for any changes or errors in ordering. This policy also applies to non-food items and beverages.
Canceled Deliveries by Partner
In some cases, your delivery partner may cancel the delivery if they are unable to locate or reach you. They will attempt to contact you upon arrival, so please keep your phone accessible when expecting your delivery. If reasonable efforts have been made to contact you and delivery cannot be completed, a refund may not be available.
Complimentary Food
We do not offer refunds or cash value for any complimentary food items.
As a private business, we reserve the right to refuse service to any customer for any reason. Customers who abuse our Return & Refund Policy may be prohibited from future transactions.
Important Note: We strive to package our take-out items to maintain the highest quality. However, please be aware that the temperature and consistency of some items may change slightly after packaging.
If more than 25% of the food has been consumed or removed, we cannot provide a discount, refund, or credit. Additionally, if the food has been discarded, repackaged, or tampered with, and we are unable to verify the issue, no discount, refund, or credit will be issued. In all cases, only one replacement order will be prepared.