Terms of Service

Arinka Services Inc.

ARINKA SERVICES INC. (“ARINKA”/“WE”/”US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.ARINKA.CA (“WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY ARINKA FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.

The Service

The ARINKA service allows users to place orders for food delivery from caterers in select cities as identified on the Website (the “Service”). You can use the Service from a computer or a personal mobile device. ARINKA does not prepare the food or provide delivery services directly and it will not be liable for the actions or omissions of any third-party independent contractors or caterers that provide services through the Service including without limitation for any issues related to food quality or timely delivery.

To place orders through the Service (each an “Order”), you must enter your delivery and payment information, where you will agree that ARINKA will store your delivery information in order to provide the Service to you. You must be the credit card holder in order to place Orders through the Service. Personal information provided by you is handled by us in accordance with the terms of our Privacy Policy.

Processing Orders

Once you submit an Order and your payment has been authorized (cash, credit card, or debit card), your Order will be transmitted to the caterer(s) you ordered from. Once you have submitted your Order, and your order has been confirmed, and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all your caterer order details, billing, delivery address, and other relevant personal information is current, complete, and accurate.

Order Delivery

When you place an order for delivery, you must choose the time you would like your Order to be delivered to you. This time is only an estimate and ARINKA offers no guarantee by this time. ARINKA is not responsible for any delays in receiving your Order for any reason.

Promotional Codes

ARINKA may, in Arinka’s sole discretion, create promotional codes that may be redeemed for features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Arinka establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Arinka; (iii) may be disabled by Arinka at any time for any reason without liability to Arinka; (iv) may only be used pursuant to the specific terms that Arinka establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Arinka reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Arinka determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Payment and Prices

Prices will be as quoted on the Website and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged when the order is confirmed by email. Payment for Orders will be transacted through our applicable third party payment processor. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.

Restrictions on Use of the Service

In using the Website and/or Service You shall not:

copy any content unless expressly permitted to do so herein;

post, email, transmit or otherwise make available any material that:

is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or

contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

impersonate any person or entity or misrepresent their affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

collect or store personal data about other users or viewers;

license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or

modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

License of Content to ARINKA and other Users

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. ARINKA will not be responsible or liable for any use of User Content in accordance with these Terms of Use. 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.

End User License

Except for User Content, this Website, and the information and materials contained therein, are the property of ARINKA and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Use, ARINKA grants you a non-transferable, non-exclusive, license to use the Website for your use (the “License”). Nothing in the Terms of Use gives you a right to use the ARINKA names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms of Use.

You represent and warrant that (i) you are not located in a country that is subject to a Canada or U.S. Government embargo, or that has been designated by the Canada or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Canada or U.S. Government list of prohibited or restricted parties.

Feedback

If You provide ARINKA with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback”), ARINKA may use such Feedback in the Website, Service and/or in any other ARINKA products or services (collectively, “ARINKA Offerings”). Accordingly, You agree that: (a) ARINKA is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to ARINKA, (c) ARINKA (including all of its successors and assigns and any successors and assigns of any of the ARINKA Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any ARINKA Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.

Advertising

You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that ARINKA shall not have any responsibility or liability for any losses or damages that You may incur because of any such dealings.

Links & Third-Party Websites

The Website (including User Content) may contain links to other websites that are not owned or controlled by ARINKA. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by ARINKA of that third party, third party product or service. ARINKA is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that ARINKA endorses or accepts any responsibility for the content or use of such websites, and You hereby release ARINKA from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

While ARINKA does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. ARINKA reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” ARINKA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. ARINKA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND ARINKA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. ARINKA WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. ARINKA WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ARINKA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, OR VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF ARINKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARINKA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS ($100) OR (B) AMOUNTS YOU HAVE PAID ARINKA IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD ARINKA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE, ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY CATERER OR INDEPENDENT COURIER CONTRACTORS THAT PROVIDES SERVICES THROUGH THE ARINKA SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION.

Termination

ARINKA may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with ARINKA (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to ARINKA), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all the materials uploaded by You. You acknowledge and agree that all terminations may be made by ARINKA in its sole discretion and that ARINKA shall not be liable to You or any third-party for any termination of Your access to the Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Use by ARINKA shall be in addition to any and all other rights and remedies that ARINKA may have.

Availability & Updates

ARINKA may alter, suspend, or discontinue the Website and/or Service at any time and for any reason or no reason, without notice. The Website and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. ARINKA may periodically add or update the information and materials on this Website without notice.

Security

Information sent or received over the Internet is generally unsecure and ARINKA cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. ARINKA will not be liable for any loss or damage arising from your failure to comply with these requirements.

General

These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by ARINKA. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of ARINKA to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by ARINKA must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without ARINKA’s prior written consent. We may assign these Terms of Use without restriction. The Terms of Use shall be governed by the laws of the Province of Alberta without regard to choice of law principles.

If you have any questions about these Terms and Conditions, or if you would like to make any complaint or claim with respect to the Website or Service, please contact us at: corporate@arinka.ca

Effective Date: January 1, 2017