Terms of Service

Terms of Service

FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES
TERMS OF SERVICE

Last Updated: September 16, 2019

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE FOOD ARMOUR  ENTITY (AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF FOOD ARMOUR ’S WEBSITE LOCATED AT WWW.FOODARMOUR.COM, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS FOOD ARMOUR  MOBILE APPLICATIONS (THE “FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES APPS”)(TOGETHER THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES APP AND THE WEBSITE CONSTITUTE THE “FOOD ARMOUR PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE FOOD ARMOUR PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS OR PROVIDERS OF COURIER SERVICES TO OTHER USERS OF THE FOOD ARMOUR PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE FOOD ARMOUR PLATFORM, USERS WHO DOWNLOAD THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES AS A CUSTOMER OR TO OPERATE AS A VENDOR OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART I). IF YOU ARE USING THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES OR THE FOOD ARMOUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES AND THE FOOD ARMOUR  SERVICES ARE MADE AVAILABLE TO SECURE AND PROVIDE A TAMPERPROOF/TAMPER-EVIDENT MEANS OF DELIVERY FOR FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY VENDORS THAT MAY BE DELIVERED BY COURIERS. YOU UNDERSTAND THAT FOOD ARMOUR ’S TECHNOLOGY AND SERVICES FACILITATE THE SECURE FOOD DELIVERY IN CERTAIN JURISDICTIONS ONLY AND THAT FOOD ARMOUR IS NOT A VENDOR OR COURIER NOR IS FOOD ARMOUR RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH VENDORS OR COURIERS. FOOD ARMOUT IS SIMPLY AN ADD ON TO THE DELIVERY OF FOOD BY VENDORS AND COURIERS TO THE CUSTOMER. FOOD ARMOUR IS NOT REPSONSIBLE FOR ANY FOOD TAMPERING OR FOOD MANIPULATION BEFORE AND AFTER THE FOOD ARMOUR TECHNOLOGY AND SECURITY DEVICES HAS BEEN APPLIED TO THE FOOD ORDER DELIVERY CONTAINER(S)

BY ACCESSING, BROWSING AND USING THE FOOD ARMOUR PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES OR FOOD ARMOUR SERVICES INC.OR ANY OF THEIR CONTENT OR SERVICES.

IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY FOOD ARMOUR IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, Food Armour will make a new copy of the Terms of Service available on the FOOD ARMOUR PLATFORM. We will also update the “Last Updated” date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account we may also send an e- mail to you at the last e-mail address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the FOOD ARMOUR PLATFORM. Food Armour may require you to provide consent to the updated Terms of Service in a specified manner before further use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and/or the Food Armour Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and/or the Food Armour Services. Otherwise, your continued use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES/FOOD ARMOUR SECURITY DEVICES and/or Food Armour Services Inc. constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES TO VIEW THE MOST CURRENT TERMS.

INDEX You should read these Terms of Service in their entirety, however, this index is provided for ease of reference to enable you to navigate to specific sections of the Terms.

GENERAL TERMS

Food Armour  Parties
Users and Applicable Legal Terms
Food Armour Accounts
Licensed Access to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and Permitted Use
No Unlawful or Prohibited Use
Intellectual Property Terms
Advertising and Third-Party Websites
Platform Updates and Availability
Disclaimers
No Implied Warranties; Limitations of Liability
Indemnification
Governing Law and Dispute Resolution
Miscellaneous

ORDERING TERMS

Access, Food Armour  Services and Products
Restaurant/Vendor Account
Restaurant/Vendor Admin and tools
3rd Party Driver Account
Restaurant/Vendor Employee account
Customer Care, Goods Contract, Third Party Couriers

GENERAL TERMS

Food Armour  Parties

If you are accessing or using the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES outside of the United States, these Terms of Service form an agreement between you and Food Armour Services Inc. (“Food Armour Canada”), a company incorporated under the laws of Canada. For non-U.S. Users, use of the terms “Food Armour”, “us”, “we” or “our” means Food Armour Canada. (Food Armour Services Inc.)
If you are accessing or using the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES within the United States, these Terms of Service form an agreement between you and Food Armour, Corp. (“Food Armour Us”), which is a wholly owned subsidiary of Food Armour Canada. For U.S. Users, use of the terms “Food Armour”, “us”, “we” refers to Food Armour U.S.
Food Armour Canada, Food Armour U.S., and their affiliates, officers, directors and employees, are referred to in these Terms of Service as the “Food Armour Group”. For the avoidance of doubt, the Food Armour Services Inc. does not include any third parties such as Vendors and Couriers (as such terms are defined in Section 2 of Part I offering goods or services through the FOOD ARMOUR PLATFORM.

Users and Applicable Legal Terms

Definition
of Users. The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES facilitates how Vendors and Couriers secure the food delivery containers to the customer/end user  by utilizing and using the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES to the customer/end user (“Customers”) of food, drinks and other products utilizing the Food Armour Technology and Security devices/labels(collectively “Goods”) offered by restaurants and store owners through the platform (“Vendors”) and the delivery of such Goods through independently contracted couriers who are users of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES (the “Couriers”). Collectively, Customers, Vendors and Couriers constitute “Users” of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and these Terms of Service apply to all Users.
Food Armour Privacy Policy. Please note that important information about Food Armour ’s practices on the collection, use and disclosure of Users’ personal information submitted via the Website or the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Service. Please see further: https://www.foodarmour.com//privacy-policy (“Privacy Policy”).
Additional Terms for Vendors and Couriers. In addition to these Terms of Service and the Privacy Policy, Vendors and Couriers are subject to additional terms agreed in separate agreements with Food Armour in respect of the goods/services offered by such Users. In the event of any conflict between these Terms of Services and the separate agreement you have with Food Armour, the terms of the separate Food Armour agreement will govern.
Additional Terms for Customers. Specific terms on ordering are set out in Part II of these Terms of Service. Vendors may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information when you order from them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to Food Armour that you have familiarized yourself and agree with those privacy policies or statements imposed by any Vendor with whom you elect to deal through the FOOD ARMOUR PLATFORM.
FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES User Code. The Food Armour Social Code applies equally to all Users. Food Armour may from time to time implement additional guidelines and codes of conduct for use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and Customer Services. Any such terms will be notified to Users and will be incorporated by reference into these Terms of Service.
Additional Terms and Conditions for FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App Users. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the use of Google Maps services and content, or to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App if downloaded from the Apple App Store or the Google Play Store.

The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES may use services and content from Google Maps or Google Earth. You acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

The following additional terms and conditions apply to you if you are using a FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App. You acknowledge and agree that:

These Terms of Service are entered into between you and Food Armour . Neither Apple, Inc. (“Apple”) nor Google, Inc. (“Google”) (collectively, the “download service providers”) are parties to this Terms of Service agreement nor will they have obligations with respect to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App. The applicable Food Armour party not Apple or Google, is solely responsible for the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. If Food Armour  fails to conform to any applicable warranty, you may notify the download service provider used to obtain the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App and they will refund the purchase price (if any) of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App and Food Armour , any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is Food Armour ’s responsibility. You and us both acknowledge that Food Armour, not the download service provider used to obtain the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App, is responsible for addressing any end-user or third-party claims related to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App, including, but not limited to: (a) product liability claims, (b) any claim that the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App or your possession or use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App infringes on that third party’s intellectual property rights, as between Food Armour  and the download service provider used to obtain the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App, the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Food Armour Accounts

Accurate Information. You represent and warrant that all information supplied by you on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES (including information provided by you to create an account for use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES (a “Food Armour Account”)) or in connection with your use of the Food Armour Services is true, accurate, current and complete.
Security of Food Armour Accounts. Any Food Armour Account must be kept secure and you agree that you will not share or disclose your Food Armour Account credentials with anyone. No members of the Food Armour Services Inc. will be liable for any loss or damage arising from your failure to safeguarding your Food Armour Account, use a strong password or limit its use to your Food Armour Account. You may browse some of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES without creating a Food Armour Account.
Discretionary Access to Food Armour Accounts. Food Armour reserves the right to deny your request for a Food Armour Account (including usernames) and to disable or terminate access to any Food Armour Account (including usernames) issued to you at any time in Food Armour’s sole discretion. If Food Armour disables access to a Food Armour Account issued to you, you will be prevented from accessing the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Food Armour Services, your Food Armour Account details, Orders or other information that is associated with your Food Armour Account.
Suspension, Term, Termination and Deletion of Food Armour Accounts. We may suspend or terminate your ability to access the FOOD ARMOUR PLATFORM, or cease providing you with all or part of the Food Armour Services Inc.at any time for any or no reason, including, if we believe: (i) you may have violated these Terms of Service,(ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Food Armour  Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Food Armour in its sole discretion and that no members of the Food Armour Group will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the FOOD ARMOUR PLATFORM. Any suspension or termination of this Agreement by Food Armour will be in addition to any and all other rights and remedies that Food Armour may have.
Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your Food Armour Account be deleted, ceasing use of the FOOD ARMOUR PLATFORM, the Food Armour  Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your Food Armour Customer Account, we may disable your Food Armour Customer Account but keep the disabled Food Armour Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these Terms of Service at any time by requesting by email (or any then-available interface on the FOOD ARMOUR PLATFORM) that your Food Armour Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the FOOD ARMOUR PLATFORM.

Licensed Access to The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and Permitted Use

Subject to your compliance with these Terms of Service, Food Armour  hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES in accordance with these Terms of Service in the following manner depending on the type of User that you are:

for Vendors, you may create an account and use the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES to manage the offer and fulfilment of Orders, monitor and track deliveries, and participate in the use of FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES used in deliveries,; and for Couriers, you may create an account and use the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES to manage and fulfill requests for deliveries of Orders and participate in the use of FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES used in deliveries,

(i)-(iii) constitute the “Permitted Use” as applicable for a specific type of User.

Reservation of Rights. Food Armour retains the right, at its sole discretion, to deny access to anyone to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Food Armour Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or Food Armour Services Inc. immediately upon request by Food Armour .
Geographic Application of the FOOD ARMOUR PLATFORM. The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.
Changes to the FOOD ARMOUR PLATFORM. Food Armour reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Goods, menus, Vendors, posting and rating/reviews of Vendors) contained on or provided through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES (the “Content”) at any time, and from time to time, without notice. For greater certainty, the Content include the User Content (as defined below).
No Unlawful or Prohibited Use

You may not, without Food Armour’s prior written permission, use the FOOD ARMOUR PLATFORM, the Food Armour Services or any Content (including other User’s User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and/or the Content to:

“frame”, “mirror” or otherwise incorporate the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, the Food Armour  Services or the Content or any part thereof on any commercial or non-commercial website;
access, monitor or copy any part of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, the Food Armour  Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Food Armour ’s express written permission;
violate any laws;
violate the restrictions in any robot exclusion headers on the Content or the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or bypass or circumvent other measures employed to prevent or limit access to the Food Armour  Services or the FOOD ARMOUR PLATFORM;
remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Content;
modify or attempt to modify (or permit anyone else to modify or attempt to modify) the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, or any Vendor menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or impersonate another person or organization or misrepresent their affiliation with a person or entity;
attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Food Armour  Services;
copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Content;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES;
create derivative works based on the FOOD ARMOUR PLATFORM, the Food Armour  Services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, the Food Armour  Services or the Content;
use of access the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
Upload to or transmit through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Food Armour in its sole discretion.
Intellectual Property Terms

Content and Intellectual Property

Food Armour Content and Intellectual Property Rights. The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by Food Armour  and protected by copyright, trade-mark and other intellectual property laws (“Food Armour  Content”). Food Armour expressly reserves all rights in the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and all materials provided by Food Armour in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, all materials provided by Food Armour  in connection with these Terms of Service (including the Food Armour  Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Food Armour  (or third party suppliers or licensors, if applicable), and that the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and all materials provided by Food Armour  hereunder are licensed and not “sold” to you.
User Content. All information, data, text, scans of barcodes and QR codes or similar, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not members of the Food Armour Services Inc, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES. Food Armour may monitor User Content from time to time but Food Armour does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of the Food Armour  Group be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the Food Armour Privacy Policy and all other User Content will be considered non-confidential.
User-Related Content. Food Armour  may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (“User-Related Content”). You grant to Food Armour Services Inc. a perpetual, transferrable, irrevocable, royalty-free, worldwide and sub licensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the Food Armour Privacy Policy. User-Related Content is not considered confidential or proprietary.
Third Party Accountability. Food Armour Services Inc. may retain all, but not limited to information and scans etc., which are processed through the Food Armour Platforms for reporting any crimes or illegal use of the Food Armour platforms or any and all security devices used to track and monitor any wrong doing or manipulation of Food Armour platforms or implemented security devices related to the secure delivery of Food Deliveries, Couriers, Vendors, Restaurants and stores.

User Content License to Food Armour. By submitting, posting or displaying User Content on or through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or otherwise to Food Armour, you grant Food Armour  Group, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sub licensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant Food Armour the right (although Food Armour does not have the obligation) to pursue at law any person or entity that violates your or Food Armour’s rights in the User Content by a breach of these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, Food Armour has no obligation to post or display any User Content on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.
Use of Food Armour Content and User Content by other Users. You may only use Food Armour Content and other Users Content (eg. menus provided by Vendors) for the applicable Permitted Use. If you print extracts from the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
Terms on Submissions/Feedback and Other User Content

Creating Submissions and Other User Content. Through the capabilities of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES you may be able to provide ratings/reviews, suggestions or other feedback (“Submissions”). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES any material or content which does or may:

Breach any applicable local, national or international law;
Be unlawful or fraudulent;
Amount to unauthorised advertising;
Contain any defamatory, obscene or offensive material;
Promote violence or discrimination;
Infringe the intellectual property rights of another person;
Breach any legal duty owed to a third party (such as a duty of confidence);
Promote illegal activity or invade another’s privacy;
Give the impression that they originate from us; or
Be used to impersonate another person or to misrepresent your affiliation with another person.

You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.

Status of Submissions on the FOOD ARMOUR PLATFORM. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES is for information purposes only and does not constitute advice from us or the opinions of anyone within the Food Armour Services Inc. User Content may reflect the opinions of Customers who have ordered through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the Food Armour Services Inc. assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
Public Display of Submissions. You acknowledge that Food Armour  may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at Food Armour ’s discretion, and that such User Content may be visible to other Users and visitors to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.
Note on Privacy. If you access any Person Information through or in connection with the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES you agree that you will treat such Personal Information in accordance with Food Armour ‘s current Privacy Policy and you will not collect or harvest any Personal Information, including Personal Information of other users, except as permitted by these Terms of Service.
Advertising and Third Party Websites

If you elect to have any business dealings with anyone whose products or services may be advertised on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the Food Armour Services Inc. will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES may provide links to third party websites and such links are provided solely for your convenience. Third party websites: Links to third party websites on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES are provided solely for your convenience. If you use these links, you leave the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, you do so entirely at your own risk.
Food Armour  reserves the right to prohibit or remove (or require you to remove) any link to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

Availability and Updates

Food Armour may alter, suspend, or discontinue the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or Service at any time and for any reason or no reason, without notice. The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Food Armour may periodically add or update the information and materials on this the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES without notice.
While we try to ensure the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and no members of the Food Armour Services Inc. will be liable to you if the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES is unavailable at any time or for any period.
Food Armour may upgrade or alter the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES at any time. Food Armour may remotely access the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES (including for greater certainty any FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES App) at any time for any lawful reason, in particular to update the software or to perform software maintenance.

DISCLAIMERS

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

Content: While we try to ensure that information on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES is correct, we do not promise it is accurate or complete. We may make changes to the material on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES including to Goods and prices described on it, at any time without notice. The material on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES may be out of date, and we make no commitment to update that material.
Food Tampering: While we try to ensure and rely on the Restaurant, Vendor and Courier etc.  to secure the food delivery container, delivery bag etc. with the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, we cannot guarantee that the Restaurant, Vendor, Courier have properly applied and secured the proper Food Armour security devices to the delivery Containers and used the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES properly in accordance to the terms and use of the Food Armour Platforms and Security Devices. Food Armour cannot be held accountable or responsible of any Food Tampering or Food Manipulation or Fraudulent duplication of its technology/Security devices. Any Company/Individual responsible for the tampering of the Food/Food delivery or misuse of the Food Armour Technology will be reported and punishable by the laws of that jurisdiction either in Canada or Internationally.
Food Armour Platforms and Security Devices: The following is a brief description but not limited to, of the Food Armour Platforms and Security devices used:

Mobile Applications and Administrator websites: these are devices and tools used to scan, track, monitor and record the delivery of food in Food delivery containers secured with Authentic Food Armour Security devices
Food Armour Security Devices: these are security devices produced/supplied by Food Armour to Vendors, Restaurants and where applicable (Courier Companies) to secure food delivery containers and similar from the Restaurant/Vendor to the Customer/End User. This may include but not limited to:
Secure Barcode/QR code labels
Secure Barcode/QR code tamperproof/tamper-evident seals
Tracking devices

Misuse and Tampering of the Food Armour Platforms and Security devices: Any unauthorized use including but not limited to misuse, altering, manipulation, tampering of the Food Armour technology including but not limited to; Food Armour Platforms, Food Armour Security devices will be reported and punishable by the laws of that jurisdiction either in Canada or outside of Canada. The includes the following but not limited to:

Duplication of Food Armour Intellectual Property and Methodology
Duplication/Tampering of Food Armour platforms
Duplication/Tampering of Food Armour security devices
Duplication/Tampering of Food Armour of any data collected and recorded by the Food Armour platforms and Security devices
Failure to record and track any lost, missing or damaged security devices using the Food Armour platforms and Security devices
Tampering/Contamination of Food being delivered
Any Restaurant, Vendor, Courier that has but not limited to; abused, misused, tampered with, or duplicated any Food Armour technology including Platforms, Security devices or Food Tampering will be reported to law enforcement and immediately blacklisted from Food Armour and made public by posting on the Food Armour Black List and/or other modes of Social Media indicating and describing the offence.

Vendor actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendor or Courier. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES:

We do not give any undertaking that the Goods ordered from any Vendor through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
Estimated times for deliveries and pick-ups are provided by the Vendors and are only estimates. Neither we nor the Vendors or Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
We encourage all Vendors accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendors will accept all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

The foregoing disclaimers do not affect Customer’s statutory rights against any Vendor or Courier.

Service Disclaimers

Viruses. The downloading and viewing of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Content is done at your own risk. Food Armour cannot and does not guarantee or warrant that the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Content are compatible with your computer system or that the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Content, or any links from the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.
Communications Not Confidential. Food Armour does not guarantee the confidentiality of any communications made by you through the FOOD ARMOUR PLATFORM. Although Food Armour generally adheres to the accepted industry practices in securing he transmission of data to, from and through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, you understand, agree and acknowledge that Food Armour cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.

NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.

NO IMPLIED WARRANTIES. THE FOOD ARMOUR SERVICES, THE FOOD ARMOUR PLATFORM, FOOD ARMOUR SECURITY DEVICES AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FOOD ARMOUR  DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FOOD ARMOUR  SERVICES, FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE FOOD ARMOUR  SERVICES, THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL FOOD ARMOUR  OR ANY MEMBER OF THE FOOD ARMOUR  GROUP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FOOD ARMOUR  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FOOD ARMOUR  SERVICES, THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES OR THE CONTENT.
NO RESPONSIBILITY FOR VENDORS AND COURIERS. VENDORS AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF FOOD ARMOUR. FOOD ARMOUR  IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY VENDORS OR COURIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY VENDORS OR COURIERS.
LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE FOOD ARMOUR SERVICES INC. (FOOD ARMOUR) IN CONNECTIONWITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE FOOD ARMOUR  SERVICES, THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES OR THE CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR (II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH FOOD ARMOUR WOULD NOT MAKE THE FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES AND/OR FOOD ARMOUR SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify and hold harmless Food Armour Services Inc., its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:

your breach of these Terms of Service or any documents referenced herein;
your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or

Food Armour reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Food Armour Services Inc..

Governing Law and Dispute Resolution

Governing Law. These Terms of Service will be governed by the laws of the Province of British Columbia, unless you access the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or receive the Food Armour Services in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Food Armour Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, the Food Armour Services or the Content, notwithstanding your domicile, residency or physical location. The FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, the Food Armour Services Inc. and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
Dispute Resolution Process.

Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Food Armour Services Inc. or any members of the Food Armour  Group, including any dispute or controversy arising out of or relating to these Terms of Service, the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or Food Armour  Services Inc. , any interactions or transactions between (1) you and (2) Food Armour  or any members of the Food Armour  Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a “Dispute”), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be British Columbia or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Food Armour will pay the reasonable arbitration costs.
Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Food Armour Group.
Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

Miscellaneous

Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.
Entire Agreement. If you are a Customer, these Terms of Service, the Privacy Policy and any documents incorporated by reference herein constitute the entire agreement between Food Armour Services Inc. and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Food Armour Services Inc. with respect to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notices. Food Armour Services Inc. may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES or by email at the then-current email address for you on file with Food Armour. Food Armour  may be contacted in writing at:

Food Armour Services Inc. 5954 – 200 St., Langley, B.C., Canada, V3A 1N3 or help@foodarmour.com

Food Armour Services Inc. may change its notice contact information from time to time by posting updated contact details on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.

No Waiver. Food Armour ‘s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
Force Majeure. Food Armour will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Food Armour ‘s reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Order of Precedence. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between you and us, then these Terms of Service will prevail; provided that, if you are also a Vendor registered on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, the terms applicable to the Vendor agreement will govern your relationship with Food Armour in connection with your use of the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES as a Vendor offering its services.
Language. These Terms of Services are made available in English and in French for French speaking Users. In the event of a conflict between this English language version of the Terms of the Food Armour Services and the French language version of the Terms of Service, this English language version shall prevail except for users in Quebec for whom the French language version will prevail. En cas d’incompatibilité entre la présente version anglaise des conditions du site et sa version française, cette version anglaise prévaudra.
Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

FOOD ARMOUR TECHNOLOGY USAGE TERMS

Access, Food Armour Services and Products

Through the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES, even though Food Armour provides Secure Food Delivery from the Restaurant, Vendor to you the customer,  you may place orders for Goods from Vendors, you may receive delivery of the Goods and Food Armour may provide customer care support between you, Couriers and Vendors (these services and associated services such as order management, payment processing for Orders and provision of access to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES provided by Food Armour  from time to time are the “Food Armour  Services”). For avoidance of doubt, Food Armour does not prepare or fulfil any orders for Goods or provide delivery services directly and no members of the Food Armour Group will be liable for any transactions between Customers, Couriers or Vendors. Food Armour may provide products or services to Couriers or Vendors through a separate agreement executed with such parties. Menus and other Vendor-related information if displayed on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES is content provided by the Vendor and not Food Armour.

Restaurant/Vendor Account

To use the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and most features of the Food Armour  Services, you are required to successfully create a user account (the “Food Armour Restaurant Account”) using the available interfaces at the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES. This also applies to any employees of the Restaurant/Vendor who are using the Food Armour Restaurant Account and the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.

Restaurant/Vendor Admin and Tools:

Once you have created your Food Armour Restaurant/Vendor Account you may begin FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES. And Food Armour Security devices and Food Armour Technology.
You agree that Food Armour or the Vendor will have no liability to you for Orders that are not confirmed, are cancelled or that the Vendor has been unable or unwilling to fulfill.

3rd party Driver Account

To use the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and most features of the Food Armour  Services, you are required to successfully create a user account (the Driver Account”) using the available interfaces at the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.

Once you have created your Food Armour 3rd party Driver Account you may begin using the Food Armour tools including the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.
You agree that Food Armour or the Vendor will have no liability to you for Orders that are not confirmed, are cancelled or that the Vendor has been unable or unwilling to fulfill.
Restaurant/Vendor Employee Account

To use the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES and most features of the Food Armour  Services, you are required to successfully create a user account (the “Restaurant/Vendor Employee Account”) using the available interfaces at the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.

Once you have created your Food Armour Restaurant/Vendor Employee Account you may begin using FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES including the Food Armour mobile app. And Food Armour Security devices and Food Armour Technology You may begin using the Food Armour tools including FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.
You agree that Food Armour or the Vendor will have no liability to you for Orders that are not confirmed, are cancelled or that the Vendor has been unable or unwilling to fulfill.

Signing up: Each user that signs up must use their email address, which is used as the unique identifier of the account associated with the user. No two (2) user accounts can use the same email address wit, for example: a Vendor employee cannot use the same email address to also sign up as a driver.

Customer Care, Goods Contract, Third Party Couriers

Food Armour may offer customer care in respect of issues relating to the Vendors and the Couriers. If you have any problems, questions or suggestions with respect to the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES please contact Food Armour’s customer care team (and not the Vendor or Courier) via chat (preferable), email or phone at the contact information provided on the FOOD ARMOUR PLATFORM/FOOD ARMOUR TECHNOLOGY/FOOD ARMOUR SECURITY DEVICES.
The legal contract for the purchase of Goods will in all cases be between the Customer and the Vendor. We may act as agent for the Customer and the Vendor for the legal contract for the purchase and sale of the Goods. YOU ACKNOWLEDGE AND AGREE THAT NO MEMBER OF THE FOOD ARMOUR  GROUP HAS ANY CONTROL OVER THE QUALITY OF THE GOODS OR SERVICES OFFERED BY VENDORS AND COURIERS AND THAT NO MEMBERS OF THE FOOD ARMOUR  GROUP WILL HAVE LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE VENDOR CONCERNING YOUR ORDERS, INCLUDING, WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED GOODS ITEMS, AND ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE GOODS DELIVERED INCLUDING IF GOODS CAUSE ILLNESS, ALLERGIC REACTIONS OR HAVE INCORRECT NUTRITIONAL VALUES.
For Delivery Orders that the Vendor arranges or for which third party couriers provide delivery services, we are not liable for any service or product provided by such couriers.