Jetson Terms & Conditions
Last Updated: October 2, 2023
Terms and Conditions
Please read these Terms of Service (the “Terms of Service”) fully and carefully before accessing and using the mobile device software, including the mobile application titled Jetson App (the “App”)made available to you by Jetson Technologies Inc. (“Jetson”, “we”, “us” or “our”) to place orders for food, beverages, groceries, meal kits, and services available for purchase through the App (“Orders”), and the services, functionality, and features offered by Jetson through the App (the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the App and the Services. References in these Terms of Service to the App include any information, data, text, photographs, videos, audio clips, graphics, interactive features, and other content generated by, contained in, or otherwise made available through, the App (the “Jetson Content”).
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE.
1. Acceptance of Terms of Service
By accessing the App or using the Services in any manner, including downloading and browsing the App, you agree to these Terms of Service. Some Services made available through the App may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference and which may be updated from time to time by us without notice to you.
WE MAY UNILATERALLY AMEND THESE TERMS OF SERVICE, IN WHOLE OR IN PART (EACH, AN“AMENDMENT”), BY: (I) GIVING YOU NOTICE OF SUCH AMENDMENT; OR (II) POSTING NOTICE OF SUCH AMENDMENT ON THE APP. UNLESS OTHERWISE INDICATED BY JETSON, ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS PROVIDED TO YOU OR IS POSTED ON THE APP (WHICHEVER IS THE EARLIER). YOUR CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH AMENDMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENT.
2. Eligibility
You represent and warrant that you are at least the age of majority or older in your jurisdiction of residence. If you are under such age, you may not, under any circumstances or for any reason, access or use the App orServices. We may, in our sole discretion, refuse to offer the App or Services to any person or entity and change this eligibility criteria at any time.
3. Registration; Corporate and Personal Accounts
In order to use the Services, you must register for an account through the Site or the Products (an “Account”). You must provide accurate and complete information and keep your Account information updated. You must also at all times keep a valid credit card on file with your Account which you are authorized to use to make purchases through your Account.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorisation ; or (iii) use, as a username, a name that is otherwise misleading, offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Services or any breach of security or unauthorized use of your Account.
In order to access certain Services you may be required to be a member of one of our corporate membership plans. In order to access Services available through a corporate membership plan, you will be required to set up an Account and may be required to take additional steps and provide additional information beyond what is required to set up an Account, including providing your work email or entering a verification code provided by the administrator of the corporate membership plan.
4. License Grant
Subject to your compliance with these Terms of Service, we grant you a worldwide, non- exclusive, non-sub licensable and non-transferable license to access and use the App and Services for which you have created an Account solely for purposes of using the Services provided with the App, as applicable.
5. User Content; License to User Content
All content added, created, uploaded, submitted, distributed, or posted to or in the Site or the Products by you or on your behalf (“User Content”) is your sole responsibility.
By submitting User Content through use of the Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, aggregate, distribute, prepare derivative works of, display, and otherwise exploit the User Content in connection with theApp and Services, and our (affiliates’, successors’ and assigns’) businesses. By submitting User Content, you represent and warrant that you have all rights required to grant such licenses to us in respect of such UserContent.
For clarity, the foregoing license grant to us does not affect your ownership of, or license rights in, your UserContent.
6. Jetson Property
Jetson or its licensors retain all rights, title and interest including all Intellectual Property Rights in and to: (a)the App, Jetson Content, and Services; (b) anything used, developed or delivered by or on behalf of Jetson to provide any Service; and (c) any modifications, changes, enhancements or updates to the foregoing (a) or (b).
As used in these Terms of Service, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
7. Availability of Content.
We do not guarantee that any particular Jetson Content or Services will be made available on the App. We reserve the right to: (i) remove, edit or modify any Jetson Content or Services in our sole discretion, at any time, without notice to you and for any reason; and (ii) to remove, or block you from accessing, any Jetson Content orServices.
8. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the App, Jetson Content, or Services.Your mobile network’s data and messaging rates and fees may apply if you access or use the App, Jetson Content, or Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App, Jetson Content, or Services and any updates thereto. The App may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the App.
9. Rules of Conduct
You are responsible for all of your activity in connection with your use of the App, Jetson Content, andServices. Without limiting the generality of the foregoing, you shall not (and shall not permit any third party to):
(a) sub-license, sell, rent, lend, lease or distribute the App, Jetson Content, or Services, or any IntellectualProperty Rights therein, or otherwise make the App, Jetson Content, and Services available to anyone else;
(b) use or access the App, Jetson Content, or Services: (i) in violation of any applicable laws or IntellectualProperty Right; or (ii) in a manner that threatens the security or functionality of the App, Jetson Content, or Services;
(c) generate, upload, store, or provide any User Content: (i) that you do not have the lawful right to generate, upload, store, or provide; (ii) that violates any applicable laws, or infringes, violates or otherwise misappropriates the Intellectual Property Rights or other rights of any third party (including any moral right, privacy right or right of publicity); (iii) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (iv) that is false, misleading, offensive, vulgar or obscene;
(d) use the App to send or post unauthorized or unsolicited advertising, junk or bulk messages;
(e) harvest, bulk download, or scrape any Jetson Content from the App;
(f) modify the App, Jetson Content, or Services;
(g) attempt to reverse engineer, de-compile or disassemble the App, Jetson Content, or Services;
(h) access or use the App, Jetson Content, or Services for the purpose of building a similar or competitive product or service;
(i) perform any benchmarking, vulnerability, penetration or similar testing of the App Jetson Content, or services;
(j) remove any copyright notices, information, and restrictions contained in the App, or Jetson Content; or
(k) otherwise use the App, Jetson Content, or Services not expressly permitted by Jetson.
10. Electronic Service Messages
In connection with your use of the App, you authorize us to send you electronic service messages. These electronic messages may be sent for various reasons, including to provide a receipt for your Order, for security purposes, and for issues related to an order you placed.
11. Payments and Billing
To the extent that your use of the App, Jetson Content, or Services is subject to additional payments (as set out on the Apps), you agree to make all such payments. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for such payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor. We are not responsible for any error by the Payment Processor. You agree to pay us, through the Payment Processor, all such payments and you authorize us, through the PaymentProcessor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
12. Payment Method
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
You must keep information in your Billing Account up to date, complete, and accurate and you must promptly notify us if your Payment Method is cancelled or if you become aware of a potential breach of security related to your Billing Account or Payment Method.
13. Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you pre authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your PaymentMethod. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
14. Promotions or Rewards
Jetson may, in Jetson’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Jetson establishes on a per promotional code basis (“Promotion Codes”). You agree that Promotion 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 Jetson; (iii) may be disabled by Jetson at any time for any reason without liability to Jetson; (iv)may only be used pursuant to the specific terms that Jetson establishes for such Promotion Code; (v) are not valid for cash; and (vi) may expire prior to your use. Jetson reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotion Codes by you or any other user in the event that Jetson determines or believes that the use or redemption of the Promotion Code was in error, fraudulent, illegal, or in violation of the applicable Promotion Code terms or these Terms of Service.
15. Availability
We reserve the right to reject all or part of orders you submit through the App, including if the applicable order is not available.
16. Termination
We may terminate your access to all or any part of the App, Jetson Content, or Services at any time, with or without cause, and with or without notice. If you wish to terminate your Account, you may do so by following the instructions on the App. Any fees paid here under are non-refundable. Cancelling your Account will cancel any content associated with that Account.
If your access to all or any part of the App, Jetson Content, or Services is terminated or cancelled, you will immediately cease using and, as applicable, uninstall and delete any local copies of, the applicableApp, Jetson Content, or Services.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. Privacy
You understand that User Content, and any other information inputted into the App or otherwise collected through your use of the App that is identifiable to you or is otherwise subject to applicable privacy or data protection laws (“Personal Information”) will be treated in accordance with our privacy policy located at[URL to Privacy Policy] (the “Privacy Policy”), which is incorporated into these Terms of Service by reference.
18. Warranty Disclaimer
THE APP, JETSON CONTENT, AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
19. Allergies and Dietary Restrictions
YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR DIETARY NEEDS OR RESTRICTIONS YOU MAY HAVE AND VERIFYING ANY FOOD PROVIDED THROUGH THE APP MEETS THOSE NEEDS OR RESTRICTIONS AND DOES NOT CONTAIN ANY SUCH ALLERGENS. YOU UNDERSTAND THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL MAJOR CANADIAN ALLERGENS (INCLUDING SHELLFISH, EGG, FISH, MILK,MUSTARD, PEANUT, SESAME, SOY, TREE NUTS, WHEAT AND TRITICALE SULPHITES) OR MAJORU.S. ALLERGENS (INCLUDING MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREE NUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
20. Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, officers, suppliers and representatives from and against all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the App, Jetson Content, or Services, or otherwise from your User Content, violation of these Terms ofService, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE APP, JETSON CONTENT, OR SERVICES: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) CAD $500.00.
22. Dispute Resolution
To the fullest extent permitted by applicable law, you irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim
(a “Dispute”) arising out of or in connection with your use of the App, Jetson Content, or Services. The United
Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service
and is hereby expressly excluded. If you are a resident of the Province of Quebec, Canada, the laws in that
province will apply and the courts in that province will have jurisdiction over any Dispute.
23. Miscellaneous
(a) Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the App, Jetson Content, and Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the App, Jetson Content, and Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
(b) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
(c) Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
(d) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of theseTerms of Service and neither party has any authority of any kind to bind the other in any respect.
(e) Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Servicewill be in writing and will be deemed to have been duly given when received, if personally delivered orsent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, iftransmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognizedovernight delivery service. Electronic notices should be sent to support@jetsontech.ca.
(f) No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. In order for any waiver by us to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
(g) Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
(h) Contact. You may contact us at the following address: 401 Bay Street, Floor 9, Toronto, ON, M5H 2Y4.
24. Apple App Store Additional License Terms
If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) AppStore, the following terms and conditions apply to you in addition to all the other terms and conditions of theseTerms of Service:
(a) The parties acknowledge these Terms of Service are concluded between the parties, and not with Apple.The responsibility for the App and content thereof is governed by these Terms of Service.
(b) Notwithstanding anything to the contrary hereunder, you may use the App only on an iPhone or iPodtouch that you own or control.
(c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support serviceswith respect to the App.
(d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, andApple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to theApp, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Service.
(e) Any claim in connection with the App related to product liability, a failure to conform to applicable legalor regulatory requirements, or claims under consumer protection or similar legislation is governed by theseTerms of Service, and Apple is not responsible for such claim.
(f) Any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights will be governed by these Terms of Service, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.(g) You represent and warrant that you are not:
(i) located in any 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(h) Apple is a third party beneficiary to these Terms of Service and may enforce these Terms of Serviceagainst you.
(i) If any of the terms and conditions in these Terms of Service are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Service was last updated is located at:http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service(the current version as of the date these Terms of Service was last updated is located at:http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
25. Google Play
If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”)Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Service:
(a) You acknowledge that Google is not responsible for providing support services for the App.
If any of the terms and conditions in these Terms of Service are inconsistent or in conflict with the Google PlayDeveloper Distribution Agreement (the current version as of the date these Terms of Service was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions ofGoogle’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Effective Date of Terms of Service: October 2, 2023
Terms and Conditions
Please read these Terms of Service (the “Terms of Service”) fully and carefully before accessing and using the mobile device software, including the mobile application titled Jetson App (the “App”)made available to you by Jetson Technologies Inc. (“Jetson”, “we”, “us” or “our”) to place orders for food, beverages, groceries, meal kits, and services available for purchase through the App (“Orders”), and the services, functionality, and features offered by Jetson through the App (the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the App and the Services. References in these Terms of Service to the App include any information, data, text, photographs, videos, audio clips, graphics, interactive features, and other content generated by, contained in, or otherwise made available through, the App (the “Jetson Content”).
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE.
1. Acceptance of Terms of Service
By accessing the App or using the Services in any manner, including downloading and browsing the App, you agree to these Terms of Service. Some Services made available through the App may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference and which may be updated from time to time by us without notice to you.
WE MAY UNILATERALLY AMEND THESE TERMS OF SERVICE, IN WHOLE OR IN PART (EACH, AN“AMENDMENT”), BY: (I) GIVING YOU NOTICE OF SUCH AMENDMENT; OR (II) POSTING NOTICE OF SUCH AMENDMENT ON THE APP. UNLESS OTHERWISE INDICATED BY JETSON, ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS PROVIDED TO YOU OR IS POSTED ON THE APP (WHICHEVER IS THE EARLIER). YOUR CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH AMENDMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENT.
2. Eligibility
You represent and warrant that you are at least the age of majority or older in your jurisdiction of residence. If you are under such age, you may not, under any circumstances or for any reason, access or use the App orServices. We may, in our sole discretion, refuse to offer the App or Services to any person or entity and change this eligibility criteria at any time.
3. Registration; Corporate and Personal Accounts
In order to use the Services, you must register for an account through the Site or the Products (an “Account”). You must provide accurate and complete information and keep your Account information updated. You must also at all times keep a valid credit card on file with your Account which you are authorized to use to make purchases through your Account.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorisation ; or (iii) use, as a username, a name that is otherwise misleading, offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Services or any breach of security or unauthorized use of your Account.
In order to access certain Services you may be required to be a member of one of our corporate membership plans. In order to access Services available through a corporate membership plan, you will be required to set up an Account and may be required to take additional steps and provide additional information beyond what is required to set up an Account, including providing your work email or entering a verification code provided by the administrator of the corporate membership plan.
4. License Grant
Subject to your compliance with these Terms of Service, we grant you a worldwide, non- exclusive, non-sub licensable and non-transferable license to access and use the App and Services for which you have created an Account solely for purposes of using the Services provided with the App, as applicable.
5. User Content; License to User Content
All content added, created, uploaded, submitted, distributed, or posted to or in the Site or the Products by you or on your behalf (“User Content”) is your sole responsibility.
By submitting User Content through use of the Services, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, aggregate, distribute, prepare derivative works of, display, and otherwise exploit the User Content in connection with theApp and Services, and our (affiliates’, successors’ and assigns’) businesses. By submitting User Content, you represent and warrant that you have all rights required to grant such licenses to us in respect of such UserContent.
For clarity, the foregoing license grant to us does not affect your ownership of, or license rights in, your UserContent.
6. Jetson Property
Jetson or its licensors retain all rights, title and interest including all Intellectual Property Rights in and to: (a)the App, Jetson Content, and Services; (b) anything used, developed or delivered by or on behalf of Jetson to provide any Service; and (c) any modifications, changes, enhancements or updates to the foregoing (a) or (b).
As used in these Terms of Service, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
7. Availability of Content.
We do not guarantee that any particular Jetson Content or Services will be made available on the App. We reserve the right to: (i) remove, edit or modify any Jetson Content or Services in our sole discretion, at any time, without notice to you and for any reason; and (ii) to remove, or block you from accessing, any Jetson Content orServices.
8. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the App, Jetson Content, or Services.Your mobile network’s data and messaging rates and fees may apply if you access or use the App, Jetson Content, or Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App, Jetson Content, or Services and any updates thereto. The App may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the App.
9. Rules of Conduct
You are responsible for all of your activity in connection with your use of the App, Jetson Content, andServices. Without limiting the generality of the foregoing, you shall not (and shall not permit any third party to):
(a) sub-license, sell, rent, lend, lease or distribute the App, Jetson Content, or Services, or any IntellectualProperty Rights therein, or otherwise make the App, Jetson Content, and Services available to anyone else;
(b) use or access the App, Jetson Content, or Services: (i) in violation of any applicable laws or IntellectualProperty Right; or (ii) in a manner that threatens the security or functionality of the App, Jetson Content, or Services;
(c) generate, upload, store, or provide any User Content: (i) that you do not have the lawful right to generate, upload, store, or provide; (ii) that violates any applicable laws, or infringes, violates or otherwise misappropriates the Intellectual Property Rights or other rights of any third party (including any moral right, privacy right or right of publicity); (iii) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (iv) that is false, misleading, offensive, vulgar or obscene;
(d) use the App to send or post unauthorized or unsolicited advertising, junk or bulk messages;
(e) harvest, bulk download, or scrape any Jetson Content from the App;
(f) modify the App, Jetson Content, or Services;
(g) attempt to reverse engineer, de-compile or disassemble the App, Jetson Content, or Services;
(h) access or use the App, Jetson Content, or Services for the purpose of building a similar or competitive product or service;
(i) perform any benchmarking, vulnerability, penetration or similar testing of the App Jetson Content, or services;
(j) remove any copyright notices, information, and restrictions contained in the App, or Jetson Content; or
(k) otherwise use the App, Jetson Content, or Services not expressly permitted by Jetson.
10. Electronic Service Messages
In connection with your use of the App, you authorize us to send you electronic service messages. These electronic messages may be sent for various reasons, including to provide a receipt for your Order, for security purposes, and for issues related to an order you placed.
11. Payments and Billing
To the extent that your use of the App, Jetson Content, or Services is subject to additional payments (as set out on the Apps), you agree to make all such payments. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for such payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor. We are not responsible for any error by the Payment Processor. You agree to pay us, through the Payment Processor, all such payments and you authorize us, through the PaymentProcessor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
12. Payment Method
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
You must keep information in your Billing Account up to date, complete, and accurate and you must promptly notify us if your Payment Method is cancelled or if you become aware of a potential breach of security related to your Billing Account or Payment Method.
13. Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you pre authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your PaymentMethod. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
14. Promotions or Rewards
Jetson may, in Jetson’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Jetson establishes on a per promotional code basis (“Promotion Codes”). You agree that Promotion 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 Jetson; (iii) may be disabled by Jetson at any time for any reason without liability to Jetson; (iv)may only be used pursuant to the specific terms that Jetson establishes for such Promotion Code; (v) are not valid for cash; and (vi) may expire prior to your use. Jetson reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotion Codes by you or any other user in the event that Jetson determines or believes that the use or redemption of the Promotion Code was in error, fraudulent, illegal, or in violation of the applicable Promotion Code terms or these Terms of Service.
15. Availability
We reserve the right to reject all or part of orders you submit through the App, including if the applicable order is not available.
16. Termination
We may terminate your access to all or any part of the App, Jetson Content, or Services at any time, with or without cause, and with or without notice. If you wish to terminate your Account, you may do so by following the instructions on the App. Any fees paid here under are non-refundable. Cancelling your Account will cancel any content associated with that Account.
If your access to all or any part of the App, Jetson Content, or Services is terminated or cancelled, you will immediately cease using and, as applicable, uninstall and delete any local copies of, the applicableApp, Jetson Content, or Services.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. Privacy
You understand that User Content, and any other information inputted into the App or otherwise collected through your use of the App that is identifiable to you or is otherwise subject to applicable privacy or data protection laws (“Personal Information”) will be treated in accordance with our privacy policy located at[URL to Privacy Policy] (the “Privacy Policy”), which is incorporated into these Terms of Service by reference.
18. Warranty Disclaimer
THE APP, JETSON CONTENT, AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
19. Allergies and Dietary Restrictions
YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR DIETARY NEEDS OR RESTRICTIONS YOU MAY HAVE AND VERIFYING ANY FOOD PROVIDED THROUGH THE APP MEETS THOSE NEEDS OR RESTRICTIONS AND DOES NOT CONTAIN ANY SUCH ALLERGENS. YOU UNDERSTAND THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL MAJOR CANADIAN ALLERGENS (INCLUDING SHELLFISH, EGG, FISH, MILK,MUSTARD, PEANUT, SESAME, SOY, TREE NUTS, WHEAT AND TRITICALE SULPHITES) OR MAJORU.S. ALLERGENS (INCLUDING MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREE NUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
20. Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, officers, suppliers and representatives from and against all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the App, Jetson Content, or Services, or otherwise from your User Content, violation of these Terms ofService, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE APP, JETSON CONTENT, OR SERVICES: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) CAD $500.00.
22. Dispute Resolution
To the fullest extent permitted by applicable law, you irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim
(a “Dispute”) arising out of or in connection with your use of the App, Jetson Content, or Services. The United
Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service
and is hereby expressly excluded. If you are a resident of the Province of Quebec, Canada, the laws in that
province will apply and the courts in that province will have jurisdiction over any Dispute.
23. Miscellaneous
(a) Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the App, Jetson Content, and Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the App, Jetson Content, and Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
(b) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
(c) Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
(d) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of theseTerms of Service and neither party has any authority of any kind to bind the other in any respect.
(e) Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Servicewill be in writing and will be deemed to have been duly given when received, if personally delivered orsent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, iftransmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognizedovernight delivery service. Electronic notices should be sent to support@jetsontech.ca.
(f) No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. In order for any waiver by us to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
(g) Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
(h) Contact. You may contact us at the following address: 401 Bay Street, Floor 9, Toronto, ON, M5H 2Y4.
24. Apple App Store Additional License Terms
If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) AppStore, the following terms and conditions apply to you in addition to all the other terms and conditions of theseTerms of Service:
(a) The parties acknowledge these Terms of Service are concluded between the parties, and not with Apple.The responsibility for the App and content thereof is governed by these Terms of Service.
(b) Notwithstanding anything to the contrary hereunder, you may use the App only on an iPhone or iPodtouch that you own or control.
(c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support serviceswith respect to the App.
(d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, andApple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to theApp, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Service.
(e) Any claim in connection with the App related to product liability, a failure to conform to applicable legalor regulatory requirements, or claims under consumer protection or similar legislation is governed by theseTerms of Service, and Apple is not responsible for such claim.
(f) Any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights will be governed by these Terms of Service, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.(g) You represent and warrant that you are not:
(i) located in any 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(h) Apple is a third party beneficiary to these Terms of Service and may enforce these Terms of Serviceagainst you.
(i) If any of the terms and conditions in these Terms of Service are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Service was last updated is located at:http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service(the current version as of the date these Terms of Service was last updated is located at:http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
25. Google Play
If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”)Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Service:
(a) You acknowledge that Google is not responsible for providing support services for the App.
If any of the terms and conditions in these Terms of Service are inconsistent or in conflict with the Google PlayDeveloper Distribution Agreement (the current version as of the date these Terms of Service was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions ofGoogle’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Effective Date of Terms of Service: October 2, 2023
Reach more customers with less work
A dedicated ordering system created just for your office building means more orders, less lines.
“Amenities are a huge differentiator among commercial buildings… [and] count significantly toward higher occupancy and lease rates.”
Tim Lee
Principle, Olive Hill Group
“Time is one of the most expensive components of single-point delivery, with the physical handoff to the customer typically taking one to five minutes.”
McKinsey
Position, Company name
Frequently asked questions
Want to know more? Dig into some common questions, or get in touch to hear how you can revolutionize lunch.
What’s the onboarding process like?
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
How can I let tenants know what restaurants and meal plans they’ll have access to?
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
How many restaurants will be included?
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Can I allocate funds to my employees on a recurring basis?
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
What discounts and promos are planned for now?
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.