Terms & Conditions

Last Updated: May 13, 2020

Overview of Terms
This Terms and Conditions document (these “Terms”) shall govern your use of the Fresh Bite 2 Go Mobile Application (the “App”), the associated website (the “Site”), and your ordering of food as a “Consumer” or the provision of food as a “Chef” (collectively, the “Services”). You must read the provisions provided in these Terms and abide by them when using the Services. Additional agreements and policies established by Fresh Bite 2 Go will be incorporated in these Terms by reference.

The App, the Site, and the Services are provided under the company, 5025205 Ontario Inc. (referred herein as “Fresh Bite 2 Go”). Fresh Bite 2 Go, under these Terms, shall also refer to affiliated companies or groups, such as Fresh Bite 2 Go’s subsidiaries, parent company, and its directors and employees.

By using the App, you represent to Fresh Bite 2 Go that you have read the whole of these Terms and have agreed to be bound by all the terms and conditions described in it. If you do not agree or consent to these Terms, we do not approve of your use of the Services. Your consent shall be validated when you click/tick the “I agree” or “I accept” button/box during registration.

Some additional terms and conditions may be available on specific programs or Services, such as promotions, events, and programs. Such additional terms and conditions will be in relation to the Services and shall prevail over these Terms if they contain conflicting provisions.

The Services Provided through the App
The App is a marketplace where Consumers and Chefs transact on food services. A Consumer can use the App to locate Chefs around him/her and place a direct order on the foods provided by such a Chef. Once the Consumer identifies the food they will like to place an order for on the Chef’s food menu, the Consumer will be required to pay the equivalent cost of the food as listed on the Chef’s food menu. Once the Consumer’s payment method has been charged, they can go ahead to the Chef’s business place – with the help of the App location option – and pick up the food they have placed an order for.

Chefs are Independent
By using the Services as a Consumer, you acknowledge and agree that the App is provided as a marketplace where you may be able to order the services of Chefs in relation to food services. You acknowledge and agree that Fresh Bite 2 Go does not provide food-related services, neither is Fresh Bite 2 Go affiliated with any Chef or their business. You further agree that any dispute, claims, liabilities, damages, or losses that may arise from your use of a Chef’s services will not be in any way construed as our responsibility. Also, we have the right but not the obligation to monitor Chefs if they are in compliance with food safety laws such as the Canadian Institute of Food Safety (“CIFS”). Both the Chefs and Consumers hereby release Fresh Bite 2 Go from any claims or disputes that may exist from the use of Chefs’ services.

Service Eligibility
To use the App and the Services, either as a Consumer or Chef, you must be able to form a contract; you must have attained the age of majority (as defined by the law of your location); you must provide accurate information during registration; you must not be in violation of any applicable law; your food services must abide by the Laws and Requirements of the CIFS by location found here. By using the App and Services, you represent and warrant to Fresh Bite 2 Go that you are eligible to use the App in as provided for under this paragraph.

Account and Registration
Fresh Bite 2 Go grants you free access to download and use the App on both the Apple and Google Play stores. However, to use the Services as a Chef or a Consumer, you will be required to register a user account and submit specific account information, such as your name, business details and pictures, government-issued ID, email address and phone number, and other information described in our Privacy Policy. You must ensure the information you submit is accurate and up- to-date, and you must update such information when it changes. The collection and use of your information are governed by our Privacy Policy – attached herein as reference. By submitting information during registration, you represent and warrant to Fresh Bite 2 Go that such information is accurate, complete, and up-to-date.

Orders and Fees (Consumer)
To order for any food available on the menu of a particular Chef as a Consumer, you must place the order through our secured payment gateway on the App. Payment for such orders will be made after you have successfully added a valid payment method from any of the accepted payment methods. Once you placed your order for the preferred food, the equivalent amount will be charged from your payment method and retained on our database. Once you have picked up your food from the Chef’s location of business, we will release your payments to the Chef.

Payments and Commission (Chef)
If you operate the App as a Chef, you understand that the payments for any food ordered through the App will be released to you immediately the Consumer receives your services. You also under that Fresh Bite 2 Go is entitled to a 25% commission on all sales made through the App. Therefore, Fresh Bite 2Go shall only release to you, 75% of the cost of a particular order made by a Consumer through the App. Payment shall be made to your submitted payment method.

Fresh Bite 2 Go reserves the right to review and update the commission percentage at any time without liability. However, commission changes shall not apply to orders that have commenced before the review in the price of the commission.

Refunds Policy
Upon the delivery and completion of the services requested under these, you will not be entitled to a refund of the fees paid. Refunds may only be granted if the Chef’s service is not as described, in which case, we will conduct a thorough review of their services.

Intellectual Property Rights
Aside from the contents posted by users and third parties, all the contents available on the App and the Site (the “App Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and licensed to Fresh Bite 2 Go, and are subject to copyright and other intellectual property rights in Canada, the United States, and other locations. The App Content includes, without limitation, the source codes, databases, software, functionalities, web designs, audios, videos, texts, and images on the App and Site. All the App and the Site designs, logos, graphics, page headers, button icons, footer, scripts, and service names are registered trademarks, common law trademarks or trade dress of Fresh Bite 2 Go in Canada, the United States, and other countries. Fresh Bite 2 Go’s trademarks and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to confuse, and may not be copied, imitated, or used (in whole or part) without written approval from us.

The App Content on the App is provided to you “AS IS” for your information and personal use only, and may not be used, copied, reproduced, aggregated, distributed, transmitted, advertised, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our written approval.

If you are eligible to use the App, Fresh Bite 2 Go grants you a limited license to access and use the App and the App Content, and download or print a copy of any portion of the App Content to which you have gained access solely for your personal, non-commercial use. Fresh Bite 2 Go reserves all rights not expressly granted to you regarding the App, the Site, and the App Content.

License Grant
By complying with these Terms and other policies established by us, we grant you a limited license to use the App and the Site for the purpose Fresh Bite 2 Go makes them available. The license is limited – we reserve the right to withdraw our license at any time without being liable to you or any third party.

Prohibited Uses
By using the App, you agree to stay away from the below-prohibited uses:

Using the App in a manner that is inconsistent with these Terms and applicable law, including any laws relating to the content you share and your online activities;

Engaging in other commercial activities on the App other than the Services described in section 2 above;

Registering or accessing the App with a third party or pseudo account with fake details;

Attempting to bypass, remove, impair, deactivate, or descramble any measures designed to protect the App or the Site, or otherwise attempt to gain access to any restricted part thereof;

Using the App in a manner that is likely to damage, impair, or create an undue burden on the networks that makes up the App;

Attempting to learn sensitive information from the users of the Services in order to sell them any product or services, or send them unsolicited messages;

Engaging in any automated use of the App, such as obtaining information through spider, robot, web crawler, cheat utility, scraper, or other extraction tools, which are not approved in writing by Fresh Bite 2 Go;

Stylishly leaving a review on a Chef’s page for commercial purposes or otherwise leaving reviews that contain adverts that are not supported by the Services;

Leaving a review on a Chef’s page in order to intentionally disparage or sabotage the Chef’s business or credibility;

Annoying, intimidating, or threatening any Fresh Bite 2 Go employees, agents, or affiliates, that are engaged in making the App or the Services available to you;

Engaging in criminal or tortious activities, including, but not limited to, fraudulent practices, spamming the App, releasing viruses, bugs, worms, trojan horses, and other harmful software, on the App, or otherwise attempting to delete any copyright notice from any App Content;

Deciphering, decompiling, disassembling, or reverse engineering of any of the software, comprising or in any way making up a part of the App; and

Using the App in order to learn sensitive trade secrets that may be used to harm or compete with us.

User Content

User Generated Content
The App may contain certain areas where you may be able to upload or post contents such as ideas, suggestions, pictures, texts, files, feedback, ratings and reviews, and other materials (“User Content”). By uploading User Content on the App, you represent to us, that you have the copyright or intellectual property rights, to such User Content. You also hereby grant to Fresh Bite 2 Go and other users, an irrevocable, perpetual, transferable, fully-paid, non-exclusive, royalty-free, worldwide, fully-sublicensable license and right to copy, use, publicly display and perform, modify, remove, create derivative works, distribute, or otherwise use any of your User Content in connection to the Services and in any forms known now or to be developed later. This license granted by you hereunder shall survive the termination of these Terms.

Guidelines for Ratings and Review
The App may permit you, as a Consumer, to leave a review on a Chef’s page after receiving the Chef’s services. Ratings and Reviews are governed by these Terms and must be written in good faith. Furthermore, Ratings and Reviews are not the views of Fresh Bite 2 Go, but the views of the Consumers; therefore, Fresh Bite 2 Go will not be liable to any user for any claims arising from any Ratings and Reviews. We reserve the right but not the obligation to review or remove any Ratings and Reviews from the App.

Notwithstanding, Ratings and Reviews are parts of the Services, and we want users to use the system with integrity. Therefore, any Ratings and Reviews must meet the following criteria before they can be accepted:

A user may only leave a Rating and Review when they have used the Chef’s services;

You must not be an affiliate of the Chef or their business, including working as an employee, owning shares in their business, or indirectly affiliated to the Chef’s business. In like manner, you must not be affiliated to any competitors of the Chef’s business;

Ratings and Reviews posted must not contain offensive, profanity or abusive, racist, or hate language, or discriminatory references that are based on religion, race, gender, national origin, age, mental status, sexual orientation, or disability; and

Ratings and Reviews must comply with these Terms.
By writing a Rating and Review on the App, you hereby approve to Fresh Bite 2 Go, a non- exclusive, perpetual, worldwide, fully-paid, royalty-free, assignable, and sub-licensable license to reproduce, translate, modify, transmit through any means, perform, display or/and distribute content that relates to Rating and Review.

Electronic Communications
Your creation of an account on the App and your use of the Services constitutes your acceptance to communicate with Fresh Bite 2 Go and third party service providers electronically. Electronic communications may be done via email, text messages, phone calls, push notifications, and other means on the App. You hereby agree that Fresh Bite 2 Go may communicate with you electronically in relation to your orders and your use of the App. You may opt-out of certain electronic communication such as newsletters and push notifications. See our Privacy Policy to learn more about your opt-out options.

Third Party Content and Dealings
The App may contain content, such as links, materials, adverts, videos, and other files (“Third Party Content”) that link to third party websites. If you access Third Party Content through the App, you do so at your sole risk. Most importantly, if you engage in any dealings with any third party website through the App, you hereby release Fresh Bite 2 Go from any claims, issues, or liabilities you may suffer from such deals. Fresh Bite 2 Go does not warrant to you that the Third Party Content and third party websites are safe to access – neither do these Terms govern any deals you may have with them thereof.

Privacy Policy
Fresh Bite 2 Go cares about your privacy. The information we collect from you when you use the App and other parts of the Services is explained in our Privacy Policy. The Privacy Policy describes the type of information we collect, how we collect information, how we use information, how we may share information, how we safeguard information, and your choices and rights. Please, review the Privacy Policy along with these Terms and agree to them.

Term and Termination
These Terms shall commence on the Effective Date above and shall continue until your participation on the Services is terminated – either by you or us. You reserve the right to terminate your use of the App at any time without notice to us. In like manner, Fresh Bite 2 Go reserves the right to terminate your use of the Services at any time, with or without notice, for violations of these Terms, applicable law, or any of your warranties and representations hereunder.

Any provision or paragraph of these Terms that, in order to fulfill the purpose of such a provision or paragraph, need to survive the termination of these Terms shall be deemed to survive for as long as necessary to fulfill such purposes.

Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY AGREE THAT YOUR USE OF THE SERVICES, THE APP, AND THE SITE IS AT YOUR SOLE RISK. FRESH BITE 2 GO PROVIDES THE SERVICES, THE APP, AND THE SITE ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AND NON- INFRINGEMENT.

FRESH BITE 2 GO MAKES NO WARRANTY OR REPRESENT THAT: (i) THE SERVICES, THE APP, AND THE SITE WILL BE AVAILABLE AT ALL TIMES; (ii) THE APP WILL BE SECURE, SAFE, AND RELIABLETO ACCESS AND USED AT ALL TIMES; (iii) THE APP CONTENT IS ACCURATE AND COMPLETE; (iv) ANY LINK, MATERIAL, OR OTHER CONTENTS POSTED BY THIRD PARTIES ARE SAFE TO ACCESS OR VIEWED; (v) THE APP AND THE SITE WILL NOT CONTAIN VIRUSES, BUGS, WORMS, TROJAN HORSES, AND OTHER HARMFUL SOFTWARE; (vi) THE CHEFS’ SERVICES WILL OPERATE AS DESCRIBED AND THAT WE ENDORSE THEM; AND (vii) THE CONTENT POSTED BY OTHER USERS, INCLUDING THE REVIEWS AND RATINGS, CHEF SERVICE IMAGES, FOOD MENUS, FOOD DESCRIPTION, AND ANY USER CONTENT IS ACCURATE OR AS DESCRIBED.

Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FRESH BITE 2 GO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES OF LOST PROFIT, REVENUE, DATA, OR GOODWILL, THAT MAY ARISE FROM YOUR USE OF THE SERVICES, THE APP, OR THE SITE, EVEN IF FRESH BITE 2 GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, FRESH BITE 2 GO’S LIABILITY TO YOU, IF FOUND LIABLE, 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 YOU TO FRESH BITE 2 GO FOR THE SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF THE ACTION ARISING.

Indemnity
You now agree to defend, indemnify, and hold Fresh Bite 2 Go harmless from and against any claims, losses, demands, liabilities, expenses (including attorney’s fees and responses), fines, and penalties made by any third party due to: (i) your User Content; (ii) your breach of these Terms or any agreement and policy provided by Fresh Bite 2 Go; (iii) your breach of your warranties and representations; (iv) your breach of applicable law or any third party rights; or (v) your failure to perform your obligations or fulfil your orders.

Notwithstanding the above, Fresh Bite 2 Go reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Fresh Bite 2Go. And you agree to cooperate, at your expense, with Fresh Bite 2 Go’s defense of such claims.

Disputes

Between Users
You hereby understand that Fresh Bite 2 Go is under no obligation to interfere in any dispute between users of the App or between a user and a third party. Notwithstanding, any dispute between a Consumer and Chef, which is in relation to the Services shall be resolved by Fresh Bite 2 Go through a review of the contract between them.

With Fresh Bite 2 Go

Governing Law and Jurisdiction: These Terms and all policies referenced herein or established later shall be governed and construed by the laws of the Province of Ontario (unless you use the App from Quebec, in which case, the laws of the Province of Quebec shall apply to the extent of your use of the Services, and federal laws of Canada applicable therein).

Informal Resolution: Except as restricted by applicable law, you promise to try and resolve all disputes arising between you and Fresh Bite 2 Go in relation to the Services, the App, and the Site, informally. If the dispute is not resolved within 15 days, then, it shall be resolved by binding arbitration, as defined below.

Binding Arbitration: If any dispute is not resolved informally between you and Fresh Bite 2 Go, you hereby agree that such a dispute shall be resolved by binding arbitration before a single arbitrator and in accordance with the rules of the ADR Institute of Canada, Inc. The arbitration shall be conducted in the Province of Ontario or wherever agreed to by you and us. Unless required by law or agreed between you and Fresh Bite 2 Go, the arbitration language shall be the English language.

Unless restricted by applicable law, you hereby agree that disputes will be resolved on an individual capacity. This means that any claims you have must be brought individually, in your individual capacity and not as a representative plaintiff or class member. Furthermore, such claims shall not be joined with claims relating to another person, entity, or group.
Notwithstanding the foregoing, nothing in this paragraph shall prevent or prohibit you or Fresh Bite 2 Go from seeking injunctive relief for a breach of intellectual property rights from a court.

Copyright Infringement Claims
Fresh Bite 2Go respects the privacy of all users and third parties; therefore, we want all users to do the same. We respond to copyright infringement claims. If you believe any content on the App or Site infringes on your copyright or other intellectual property rights, you may direct us to take it down, and we may take additional action on subsequent infringement by the same user. To report a claim of copyright infringement, message [email protected] along with the below information:

Your electronic or physical signature (If someone else is acting in your behalf, such as your lawyer, their signature will be required instead);

The description of the infringed content and the location on the App;

Your contact information, including your email address and phone number (If someone is acting on your behalf, their contact details will be required instead);

A statement, in good faith that you did not authorize the infringer to use the infringed content;

A statement by you, made under perjury that the information provided above is accurate and complete.

Miscellaneous

Entire Agreement: These Terms (along with other agreements and policies referenced herein and posted through the Services) represents the entire agreement and understanding between you and Fresh Bite 2 Go on the subject matter hereof, and it supersedes all contemporaneous agreements and understanding between you and Fresh Bite 2 Go prior to it.

No Partnership: Your use of the App, the Site, the Services, and these Terms does not create any agency, partnership, employment, or joint venture status or relationship between you and Fresh Bite 2 Go.

Severability: If any provision of these Terms is found to be invalid or unenforceable, such a provision shall be severed or deleted from these Terms and shall not render the remaining provisions invalid or unenforceable.

Assignment: The rights granted to you under these Terms and your use of the App shall not be transferred or assigned to a third party without our express written approval. We, on the other hand, reserves the right to assign our rights and duties under these Terms to third party service providers.

Waiver: The failure of Fresh Bite 2 Go to enforce a breach of these Terms by you at any point does not waive our right to enforce such a right at a later time or on subsequent breaches.

Force Majeure: The failure or delay of Fresh Bite 2 Go to provide the Services at a time due to circumstances beyond our control such as Acts of God, internet breakdowns, pandemic, riots, storm, government intervention, and war, shall not incur any liability on our part.

Notice: Any notice required to be given under the Services will be sent to your submitted email address or phone number (where applicable). You are responsible for submitting an accurate email address and phone number. We will not be responsible for any information missed due to your submission of an invalid email address or other contact information required under the Services.

Modifications to these Terms
Fresh Bite 2 Go reserves the right to review and modify these Terms if necessary. This may be due to changes in applicable law or a feature of the Services or the App, such as pricing. Modifications to these Terms will be effective on the date listed by the Effective Date above. Modifications will be communicated to you via your email address at our discretion. By your continued use of the Services after any modifications to these Terms, you represent to Fresh Bite 2 Go that you agree to such modifications.

Additional Terms and Conditions for Apple and Android Devices
The following terms will apply when you access the App either from the Apple or the Google Play Store. You hereby agree that these Terms is established between you and Fresh Bite 2 Go only and not with Google Inc. or Apple Inc. (both an “App Store”), and Fresh Bite 2Go (not an App Store) is especially responsible for the App and the content thereof.

Scope of License: The license granted to you by Fresh Bite 2 Go to use the App is limited to a non-transferable permit to use the App on a device that uses the iOS or Android operating system as applicable and in line with the usage rules set forth in the applicable App Store terms and conditions.

Maintenance and Support: Fresh Bite 2 Go is solely responsible for providing any maintenance and support services with respect to the App.

Warranty: Fresh Bite 2 Go is 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 alert an App Store, and the App Store, in accordance with its policies and terms and conditions, may refund the purchase price (if any) paid for the App. To the maximum extent allowed by applicable law, an App Store will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be Fresh Bite 2 Go’s sole responsibility.

Product Claims: You permit that Fresh Bite 2 Go (not an App Store) is liable for addressing any of your claims or that of a third party relating to the App or your control and/or use of the App, including, but not limited to: (i) product liability claims: (ii) any claim that the App fails to obey any applicable or legal requirement: and (iii) claims arising from consumer protection or similar legislation.

Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the App Store will not be responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

Third Party Terms: You must comply with the third party terms and conditions applicable when using the App. E.g. if you have a VoIP application, you must not be in violation of their wireless data service agreement when using the App.

Third Party Beneficiary: You and Fresh Bite 2 Go hereby acknowledge that the App Stores and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each App Store will have the right to enforce these Terms against you as a third party beneficiary thereof.

Health & Safety

All parties (Users and chefs) agree to comply with the local health and safety requirements of their relevant jurisdictions.

Contact Us
If you have any questions, inquiries, complaints, ideas, feedback, review, or suggestion about these Terms or the Services, reach out to Fresh Bite 2 Go via our email address at [email protected].