Term of Use
Updated: June 10, 2016
In summary , we are committed to protecting your privacy. We use the information we collect on the site to make shopping at Nomme.ca possible and to enhance your overall shopping experience. We do not sell, trade, or rent your personal information to others.
What information do we collect? How do we use it?
When you order, we need to know your name, e-mail address, street address, and phone number. Credit card information is optional. This allows us to process and fulfill your order and to notify you of your order status. We may also use the information we collect to occasionally notify you about important functionality changes to the web site, new Nomme.ca services, and special offers we think you'll find valuable.
If you use the Nomme.ca Web site or Nomme Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Nomme Web site or Applications sells products to adults, who can purchase with a credit card. If you are under 18. Nomme and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
NOMME'S WEBSITE OR APPLICATIONS
WEBSITE ACCESS OR APPLICATION ACCESS
- In order to access some features of the Website or Applications, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nomme's immediately of any breach of security or unauthorized use of your account. Although Nomme's will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Nomme's or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website or Applications in a manner that sends more request messages to the Nomme's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Nomme's grants the operators of public search engines permission to use spiders to copy materials from the site or applications for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Nomme's reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website or Applications, nor to use the communication systems provided by the Website or Applications for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website or Applications with respect to their User Submissions.
INTELLECTUAL PROPERTY RIGHTS
The content on the Nomme's Website or Applications, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Nomme's, subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. Content on the Website or Applications is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nomme's reserves all rights not expressly granted in and to the Website or Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website or Applications for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Applications or the Content therein.
- Nomme's Website or Applications may now or in the future permit the submission of photos, audio files, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Nomme's does not guarantee any confidentiality with respect to any submissions. You agree that Nomme's may publish your name and User Submission on the Nomme.ca website or applications or in other press releases or media items.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Nomme's designated Copyright Agent to receive notifications of claimed infringement is: Alastair Ross Technology Centre 3553 31 St NW Calgary, AB T2L 2K7 , email: firstname.lastname@example.org. For clarity, only notices of alleged breach or infringement of copyright should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Nomme's customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 6(D), your notice may not be valid.
- You understand that when using the Website or Applications, you may be exposed to User Submissions from a variety of sources, and that Nomme's is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nomme 's with respect thereto, and agree to indemnify and hold Nomme 's, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site or applications.
Nomme's service allows users to place orders for food delivery and take out from restaurants in select cities as identified on the Website. You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, Nomme 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 courier contractors or restaurants that provide services through the Service including without limitation for any issues related to food quality or timely delivery.
- 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 restaurant you ordered from. Once you have submitted your Order 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 of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate.
- Delivery of Orders. When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and Nomme offers no guarantee by this time. Nomme is not responsible for any delays in receiving your Order for any reason.
- Price and Payment. Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. 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 online and/or 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.
- Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App. Nomme is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Nomme's sole responsibility;
- Nomme, not Apple and Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
- 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 Nomme with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("Feedback"), Nomme may use such Feedback in the Website, App, Service and/or in any other Nomme's products or services (collectively, "Nomme Offerings"). Accordingly, You agree that: (a) Nomme 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 Nomme, (c) Nomme (including all of its successors and assigns and any successors and assigns of any of the Nomme Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Nomme Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
- Availability & Updates. Nomme may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Nomme may periodically add or update the information and materials on this Website without notice.
"Customer Refund Request" shall mean a request made by a Customer for the refund, in whole or in part, of the amount paid for a Customer Order. The customer agrees that:
- A Customer may make their request through either the Restaurant, the Nomme Services, or Nomme, provided that the request is made within the first twenty-four (24) hours of the Customer Order being received by the Customer;
- With respect to any Customer Refund Request made through the Nomme Services or Nomme, the Restaurant shall comply with any decision made by Nomme as to the Customer Refund Request, whether the decision is to accept or reject the Customer Refund Request.
- The customer agrees that all amounts disbursed by Nomme and restaurant in respect of all accepted Customer Refund Requests in a given calendar month shall repay to the customer on or no later than the last day of such calendar month.
TO THE FULLEST EXTENT PERMITTED BY LAW, NOMME AND ITS AFFILITES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND THE NOMME SERVICES AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOMME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S OR THE NOMME SERVICES' CONTENT OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE RESTAURANT'S ACCESS TO AND USE OF THE WEBSITE AND THE NOMME SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF NOMME' SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OTHERWISE WITH RESPECT TO THE NOMME SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE NOMME SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE NOMME SERVICES.
ALL IMAGES WITH NOMME WATERMARK ARE PHOTOGRAPHED BY NOMME PHOTOGRAPHERS AND ARE COPYRIGHTED, ALL OTHERIMAGES USED ON THE SITE ARE A COMBINATION OF RESTAURANT PROVIDED IMAGES AND IMAGES FROM OTHER SOURCES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NOMME OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO RESTAURANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE WEBSITE OR THE NOMME SERVICES, EVEN IF NOMME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, NOMME'S LIABILITY TO RESTAURANT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE RESTAURANT TO NOMME FOR THE NOMME SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION FIRST ARISING.