THIS TERMS OF SERVICE AGREEMENT (the "Agreement") is a legal agreement between Quor Mobile Payments Ltd., a Canadian company, ("QUOR") and you (the "User") outlining the terms and conditions for the use of QUOR's mobile application called Quor (the "App") . Please carefully read this Agreement before deciding whether to use the App. By clicking "I AGREE" during registration, the User agrees to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE APP AND DO NOT CLICK "I AGREE."
1.1 QUOR provides a way for the User to send food and beverage orders to participating restaurants and stores (the "Participating Restaurants") through the App (the "Services").
1.2 Once the User registers an account with QUOR (described in more detail in Article 2) the User will have the ability to browse the menus provided by each of the Participating Restaurants on the App (the "Menu").
1.3 To use the Services, the User will choose from the Participating Restaurants a specific restaurant from which the User wishes to order (the "Specific Restaurant"), select the desired Menu items (the "Items") and select any options concerning the User's order ("Item Specifics"), for instance, whether the User wishes to have milk, cream and/or sugar in a beverage. After such event, the App will present the User with a review screen containing the details of their proposed order, including the total purchase price comprised of the Items' subtotal, a service fee and appropriate sales tax, as well as the Item Specifics (the "Review Screen"). If the User wishes to proceed with the order, the User will click the "Submit" button on the App's Review Screen where the User will be prompted by the App to enter their four to eight (4 to 8) digit PIN (the "PIN") (described in more detail in Article 2). Upon successfully inputting the User's PIN and clicking the "Agree & Pay" button, the App will process the order. If the order is successfully processed, Quor will charge the User's credit card, and, after the payment clears, will transmit the payment to the Specific Restaurant's bank account.
1.4 Once the order has been successfully processed, the User will be presented with a digital receipt from the App confirming the User's order number, the Specific Restaurant, the Specific Restaurant's address, the total price paid and the Items and Item Specifics. To retrieve the purchased Items, the User must go to the specially designated pick up line of the Specific Restaurant and provide the cashier with the User's full name and/or the order number provided to the User in the digital receipt. An email containing the receipt will also been sent to the user at the time the order is processed. THE USER MUST RETRIEVE THE PURCHASED ITEM FROM THE SPECIFIC RESTAURANT WITHIN THIRTY (30) MINUTES OF SUBMITTING THE ORDER OR ELSE THE SPECIFIC RESTAURANT HAS THE RIGHT TO DISPOSE OF THE ITEMS. IF THE SPECIFIC RESTAURANT DISPOSES OF THE PURCHASED ITEM AFTER THIRTY MINUTES FROM THE TIME THE USER SUBMITTED THE ORDER, THE USER SHALL NOT BE ENTITLED TO A REFUND AND THE USER'S ORDER WILL BE CONSIDERED VOLUNTARILY FORFEITED. THE USER AGREES THAT QUOR IS NOT RESPONSIBLE FOR ANY FORFEITED ORDERS OR ITEMS WHICH ARE DISPOSED OF BY THE SPECIFIC RESTAURANT AND THE USER SHALL NOT BE PAID OR ENTITLED TO RECEIVE OR DEMAND A REFUND FROM QUOR REGARDLESS AS TO WHEN THE ITEM IS DISPOSED OF.
1.5 The App allows the User to place orders during the Specific Restaurant's hours of operation; however, the App will not allow the User to submit an order less than one hour before the Specific Restaurant's closing time. The App will not permit the User to submit an Order for pick up at the Specific Restaurant on a subsequent business day.
1.6 If the order cannot be processed for any reason, the User will receive a notification indicating the order was unsuccessful. In such event, the User's credit card will not be charged and the Services will not be provided.
2.1 Before accessing and using the Services the User must register an account with QUOR by first downloading the App, entering the User's email address, a security answer and a PIN which will act as the User's account password.
2.3 Subject to the completion of the account registration contemplated by Article 2.1, Article 2.2 and the continued compliance with all the terms and conditions set forth in this Agreement, QUOR will provide the User with a personal, non-transferable and non-exclusive, revocable license to use the Services. The license shall be in the form of an account enabling the User to access and use the Services. This license may be revoked by either party in accordance with the terms of this Agreement.
2.4 By registering an account with QUOR, the User represents and warrants that s/he:
2.4.1 Is at least eighteen (18) years old;
2.4.2 Is the valid holder of the credit card and any other information provided to QUOR; and,
2.4.3 Is capable of entering into legally binding contracts.
3.1 There is no fee charged to the User upon clicking "I AGREE"; registration for the Services is free of charge. However, the User is required to provide their credit card information upon registration for the purposes of submitting orders through the App.
3.2 Prices for Menu Items will be as quoted in the App. There may be an additional service fee added to the subtotal of the Menu Items. This fee will be presented on the "Review Order" screen and may be based on the number of items, subtotal of the order and/or time of day. At other times, this fee may be $0.00. The total purchase price for the order, including the Items subtotal, the additional service fee and all applicable taxes, will be presented to the User at the Review Screen. QUOR is not responsible for any additional charges or fees the Specific Restaurant may apply after the order is successfully processed through the Services.
3.3 The User acknowledges that QUOR is not responsible for and cannot transfer, or refund, the payment from the credit card to the Specific Restaurant once the order has been processed. As such, QUOR shall have no liability to the User relating in any way to any disputes arising out of the transfer of money from the User's credit card to the Specific Restaurant.
4.1 If at any time prior to submitting the User's PIN, the User decides they do not wish to proceed with an order, the User should cancel the order or close the App. It is the User's responsibility to ensure that any order the User submits through the App correctly corresponds with the User's desires; the User is responsible for confirming that the Review Screen accurately reflects their desires, including any additional services fees.
4.2 The User acknowledges and agrees that once the User's order has been processed, the User will not be able to cancel the order nor will the User be entitled to a refund. In such event, QUOR is not responsible for any loss or damages suffered by the User and the User shall not pursue any claim against QUOR for any such loss or damages.
4.3 It is also the User's responsibility to ensure that the User will be able to retrieve the User's Items from the Specific Restaurant during the Specific Restaurant's hours of operation and not later than thirty (30) minutes from the time the User submitted the order.
4.4 Pursuant to Article 1.5, the User shall not place an order to a Specific Restaurant less than one (1) hour before the Specific Restaurant's closing time.
4.5 The User shall be solely responsible for any authorized or unauthorized access to the user's account. The User agrees to bear all responsibility for the confidentiality of the User's account security answer and PIN and for all use or charges from the use of the Services with the User's account. THE USER AGREES TO INDEMNIFY AND HOLD HARMLESS QUOR, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, DAMAGE, DEBT, DEMAND OR LIABILITY, INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF THE USER'S USE OF THE APP.
4.6 The User acknowledges and consents that QUOR bears no responsibility, legal or otherwise, for any harm that may arise from any use of the Services, including, but not limited to, any unauthorized use of the User's account, any Item disposed of by the Specific Restaurant and any disputes between the User and the Specific Restaurant arising directly or indirectly from the Services. THE USER WAIVES THE RIGHT TO PURSUE A CLAIM AGAINST QUOR, ITS DIRECTORS OR OFFICERS, OR ANY SUBSIDIARY OF QUOR, FOR ANY LOSS OR DAMAGE CAUSED BY ANY DIRECT OR INDIRECT USE OF THE SERVICES OR THE APP.
4.7 The User is prohibited from posting, uploading or transmitting to or from the App, the Website or to the Specific Restaurants that:
4.7.1 Breaches any applicable local, national or international law;
4.7.2 Are unlawful or fraudulent;
4.7.3 Amount to unauthorised advertising;
4.7.4 Contain viruses or any other harmful programs;
4.7.5 Contain any defamatory, obscene or offensive material;
4.7.6 Promote violence or discrimination;
4.7.7 Infringe on the intellectual property rights of another person;
4.7.8 Promote illegal activity or invade another's privacy;
4.7.9 Could be used to impersonate another person or to misrepresent the User's self or the User's affiliation with another person.
5.1 Unless otherwise stated, the copyright and other intellectual property rights in the App and in any and all material published on it including, without limitation, photographs and graphical images ("App Materials") are owned by QUOR, the Participating Restaurants or other licensors. For the purposes of this Agreement, any use of the App Materials other than in accordance with the Services or as specifically permitted by this Agreement is prohibited.
5.2 The User is only permitted to print and download extracts from the App or the Website for the User's own personal use in association with the Services, and on the following basis:
5.2.1 The User shall not modify the digital or paper copies of the App Materials or the Website that the User prints off and/or downloads in accordance with Article 5.2 and shall not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
5.2.2 The User shall ensure that the status of QUOR and/or Participating Restaurants as the authors of the App Materials is always acknowledged.
5.2.3 Except as stated in Article 5.2, the User shall not copy, reproduce, modify, republish, redistribute, reverse engineer, transmit, display, frame, download or sell the App Materials in any form or by any means, in whole or in part, without QUOR's prior written consent.
5.3 Any rights not expressly granted in this Agreement, in the App or on the Website are reserved.
6.1 QUOR does not warrant that the Specific Restaurant will have the Item ready for retrieval at the time the User arrives at the Specific Restaurant; the User may have to wait at the Specific Restaurant before their Items are ready for retrieval. QUOR is not responsible for any delays resulting from the operations or busyness of the Specific Restaurant.
6.2 QUOR does not warrant that the Specific Restaurant or the Participating Restaurants will be available or open at the time the User wishes to use the Services; it is the User's responsibility to confirm that the Specific Restaurant will be open for business at the time the User wishes to use the Services.
6.3 The prices of the Items and the Menus of the Participating Restaurants are subject to change at the Participating Restaurant's discretion and are beyond QUOR's control.
6.4 QUOR does not warrant that the Specific Restaurant will not dispose of the Items less than thirty (30) minutes from the time the User submitted the order.
6.5 THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICES IS AT USER'S SOLE RISK. QUOR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES QUOR MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. QUOR MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES THAT THE PARTICIPATING RESTAURANTS ARE AWARE OF OR WILL ABIDE BY THE SPECIFIC TERMS AND CONDITIONS OF THIS AGREEMEMNT.
7.1 The User has the right to terminate this Agreement for any reason at any time. The User accepts that QUOR has the right to modify or limit the Services at any time. The User accepts that QUOR may also terminate the Services or this Agreement at any time upon providing one (1) days notice of the termination. THE USER ACCEPTS THAT QUOR MAY TERMINATE THE SERVICES AND BLOCK THE USER'S ACCOUNT IMMEDIATELY WITHOUT NOTICE, SHOULD THE USER BE FOUND TO VIOLATE ANY TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE SET OUT IN ARTICLE 4 AND 5 OR ABUSE THE SERVICES INCLUDING, BUT NOT LIMITED TO, DISPUTING CHARGES FOR THE USER'S FAILURE TO PICK UP A PURCHASED ITEM WITHIN THE THIRTY (30) MINUTE TIME-FRAME. USER ACCEPTS THAT TERMINATION OF THIS AGREEMENT, WHETHER BY THE USER OR QUOR, DOES NOT ABSOLVE THE USER OF ANY FEES OR CHARGES THEN OWING UNDER THIS AGREEMENT OR THROUGH THE SERVICES.
7.2 If the User's account is blocked by QUOR or this Agreement is terminated by QUOR because of the User's violation of the Agreement or abuse of the Services, the User shall be prohibited from re-registering his/her account, registering another account with QUOR and using the Services.
8.1. The User agrees to indemnify, hold harmless and defend QUOR, its shareholders, directors, officers, employees and agent from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to this Agreement and any unacceptable use of the Services, including, but not limited to, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Article 4 and 5.
9.1. Unless prohibited by local law, the User agrees that Ontario law will govern this Agreement, the App and the Services. The User also agrees that any dispute arising out of or relating to this Agreement, the App or the Services will be subject to the exclusive jurisdiction and venue of the Courts of Ontario.
9.2. The User accepts that this Agreement comprises of the entire agreement between the User and QUOR.
9.3. Nothing in this Agreement should be interpreted so as to construe that the Parties are partners or have entered into a partnership.
9.4. 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.
9.5. QUOR shall have the right to add to or modify the terms of this Agreement at any time, provided that QUOR posts the modified agreement at www.quor.ca/terms or such URL as QUOR may provide. The User is responsible for regularly reviewing any updates to this Agreement. Any changes or modifications to this Agreement will becoming binding either (i) by the User's online acceptance of updated terms, or (ii) after the User's continued use of the Services or the App after such terms have been updated by QUOR. QUOR MAY ADD TO OR MODIFY THE TERMS OF THIS AGREEMENT IMMEDIATELY AND WITHOUT PRIOR NOTICE IF IT HAS GOOD FAITH BELIEF THE AMENDMENT IS NECESSARY FOR THE SAFE AND REASONABLY ENJOYMENT OF THE SERVICES OR THE APP.
9.6. This Agreement is binding upon, and inures to the benefit of, the parties and their respective permitted successors and assigns.
9.7. QUOR may assign its rights, obligations and entitlements of this Agreement to any affiliate, subsidiary or other, upon providing the User seven (7) days advance notice of assignment to the User's email. The User shall not assign his or her license to use the Services, any debts, fees or charges owed through the Services or the App, or any other obligations owed to QUOR or the Specific Restaurants through the use of the Services, under any circumstance.