JUST ORDER ENTERPRISES CORP. — TERMS OF SERVICE
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Effective: February 3, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE FANTUAN SERVICES. THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND JUST ORDER ENTERPRISES CORP. (“FANTUAN”,“WE”,“US”, OR “OUR”) THAT GOVERN YOUR ACCESS AND USE OF FANTUAN SITES, FANTUAN APP AND FANTUAN SERVICES. PLEASE DO NOT USE FANTUAN SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
Your access to and use of our platform for providing food delivery (Fantuan Delivery), reviews (Fantuan Reviews), errand services (Fantuan Rush), and e-commerce and marketing services (referred to collectively with the Fantuan Sites and the Fantuan App, as the “Fantuan Services”) are subject to these Terms and our Privacy Policy. Please make sure that you have carefully read and understand these Terms and our Privacy Policy before you use our Services. By using Fantuan Services, you accept the terms and conditions of these Terms, as well as our privacy practices described in our Privacy Policy. If you do not agree with any term of these Terms and our Privacy Policy, you must not use or access our Services. As used in these Terms, “you” means any visitor, user, or other person who accesses Fantuan Services, whether or not such person registered for a User Account.
We operate the following online services:
https://fantuan.ca/en/ - Fantuan’s Official Website; https://fantuan .ca/Delivery - Fantuan Delivery’s Official Website (both are collectively referred to as the “Fantuan Sites”), and https://wechat.fantuan.ca - Fantuan Delivery’s downloadable mobile application (the “Fantuan App”).
IMPORTANT: YOU ACKNOWLEDGE AND AGREE THAT YOU AND FANTUAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST FANTUAN. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
  • AMENDMENTS. Fantuan reserves the right to amend these Terms at any time, effective upon posting of an amended version of these Terms of Use through the Fantuan App Services. If you do not agree to the amended Terms, you must discontinue the use of our Services.
  • FANTUAN SERVICES.
    • Fantuan Services allows you to purchase food products offered by restaurants, and delivery services of such food products for such products by us.
    • The Restaurants provide the information about their food products on the Fantuan App, including information on menus and product prices. If you have allergies or other dietary restrictions, please let us know when completing on Order in a space dedicated for this. The sale and purchase of the Restaurant’s food products services may be subject to additional terms and conditions which will be indicated on the Order. When selecting the Restaurant’s products and services that you wish to purchase from the Restaurant, you make a binding order to purchase the products and services from the Restaurant on the terms and conditions presented to you on the Fantuan App before placing the order (the “Order”). After having received the Order, Fantuan will transmit the details of the Order to the Restaurant. When the Order is accepted by the Restaurant and Fantuan has provided you with an order confirmation on behalf of the Restaurant, you and the Restaurant enter into the sale and purchase agreement. Fantuan will provide you with a receipt on behalf of the Restaurant.
    • You understand and agree that Fantuan provides a technology platform connecting you with the Restaurant and you acknowledge that Fantuan does not itself prepare food and has no responsibility or liability for the acts or omissions of any Restaurant.
  • ADDITIONAL TERMS AND POLICIES. By using the Fantuan Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy which is incorporated in this Agreement by reference. Certain features of the Fantuan Services may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.
  • THIRD PARTIES.
    • THIRD-PARTY SERVICES. FANTUAN DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH FANTUAN SERVICES OR IN RESPECT TO ANY FANTUAN SITE THAT CAN BE REACHED FROM A LINK ON THE FANTUAN SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THEREIN, AND FANTUAN SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. FANTUAN WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ANY INFORMATION AVAILABLE ON THE FANTUAN SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON OUR SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ANY KIND OF ADVICE, INCLUDING, BUT NOT LIMITED TO LEGAL, INVESTMENT, TAX, ACCOUNTING OR FINANCIAL ADVICE.
    • You acknowledge and agree that the availability of the Fantuan App is dependent on the third party from which you received the application license, such as the Apple iPhone or Android app stores, or Wechat (“Third Party App Provider”). You acknowledge and agree that this Agreement is between you and Fantuan and not with the Third Party App Provider. Fantuan, not the Third Party App Provider, is solely responsible for the Fantuan Services, including the Fantuan App and the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the Fantuan App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the Third Party App Provider in connection with the Fantuan App or the Fantuan Services. You agree to comply with, and your license to use the Fantuan App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the Third-Party App Provider’s terms and policies) when using the Fantuan App.
  • USER ACCOUNTS.
    • In order to use the Fantuan Services you must create a user account pursuant to the registration process outlined (a “User Account“). You represent and warrant that all information supplied by you, including in connection with the User Account, is true, accurate, current, and complete.
    • You shall ensure that any User Account credentials, and equivalent information required to access the User Account are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account.
    • Fantuan reserves the right to deny, disable or terminate, at any time, and its sole discretion, your request for an or use and access of a User Account. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to you User Account, you shall immediately inform Fantuan at feedback@fantuan.ca. You shall be responsible for any use of the Fantuan Service and any activity under your user account.
    • In order to use the Fantuan Service, you must submit valid credit card or other payment method information to Fantuan. We do not store information of your payment instrument, as this is done by a third party payment service provider used by us. You agree to pay for all purchases arising from your use of the Fantuan Service. You must keep the credit card and other payment information that you have submitted to the User Account updated.
  • USER BEHAVIOUR. You agree to use the Fantuan Service in a courteous and co-operative manner, and so as to not abuse the Fantuan Service. You agree that You will not use the Fantuan Services, the Fantuan Sites, and the Fantuan App so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business, or reputation of others. Without limiting the generality of the foregoing, You also agree not to do any of the following: (a) Upload, post, email or otherwise transmit or use any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) Harm minors in any way; or (c) Harass or defame any person or entity, including, but not limited to, a Fantuan officer, director, employee, agents or you or falsely state or otherwise misrepresent Your affiliation with a person or entity.
  • TIME ESTIMATES. Any delivery time or pick-up time or other time estimate communicated to you by the Restaurant or Fantuan on the Fantuan Services are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by uncontrollable factors such as traffic jams, rush hours, weather conditions, and et cetera.
  • OWNERSHIP. Fantuan alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Fantuan Services, the Fantuan Sites and the Fantuan App. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Fantuan Services, the Fantuan Sites and the Fantuan App, or any intellectual property rights owned by Fantuan. The Fantuan name, the Fantuan logo, and names and logos associated with the Fantuan Services, the Fantuan Sites and the Fantuan App are trademarks of Fantuan, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Fantuan Services, the Fantuan Sites, and the Fantuan App.
  • RATINGS AND REVIEWS; FEEDBACK. You agree that any submission of any ideas, suggestions, or proposals to Fantuan through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Fantuan has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Fantuan a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
  • PAYMENTS.
    • You understand that: (a) the prices for menu items displayed through the Fantuan Services may differ from the prices offered or published by the Restaurant for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) Fantuan has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) Fantuan reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes, including goods and services/harmonized sales taxes, on the Fantuan Services provided under these Terms (other than taxes based on Fantuan’s income).
    • Charges paid by you for completed and delivered orders are final and non-refundable. Fantuan has no obligation to provide refunds or credits, but may grant them, in each case in Fantuan’s sole discretion. Your charges will be process by using the preferred payment method as per your designation in your User Account.
    • All charges are due immediately and payment will be facilitated by us using the preferred payment method designated in the User Account, after we will send you a receipt by email.
  • INDEMNIFICATION. You agree to indemnify and hold harmless Fantuan and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your use of the User Account; (b) your misuse of the Fantuan Services, the Fantuan Sites and the Fantuan App; (c) your breach of these Terms or any representation, warranty, condition or covenant in these Terms; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Fantuan Services, the Fantuan Sites and the Fantuan App. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and attorneys’ fees incurred by the Indemnified Party. Fantuan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fantuan in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Fantuan Services, the Fantuan Sites, and the Fantuan App. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Fantuan Services, the Fantuan Sites, and the Fantuan App.
  • RELEASE. Without limiting anything set in these Terms, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy, or any use by you of the Fantuan Services.
  • GOVERNING LAWS. These Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Fantuan Services and the Fantuan App, notwithstanding your domicile, residency, or physical location. The Fantuan Services are intended for use only in jurisdictions where they may lawfully be offered for uses restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Fantuan Services, the Fantuan Sites, and the Fantuan App. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights in any appropriate jurisdiction.
  • DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE FANTUAN SERVICES, FANTUAN SITES AND THE FANTUAN APP, IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES, FANTUAN SERVICES, FANTUAN SITES AND THE FANTUAN APP, AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. FANTUAN SERVICES, FANTUAN SITES AND THE FANTUAN APP ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. FANTUAN MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH FANTUAN SERVICES, FANTUAN SITES AND THE FANTUAN APP, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. FANTUAN DOES NOT WARRANT THAT THE FANTUAN SERVICES, FANTUAN SITES AND THE FANTUAN APP, WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE.
  • LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FANTUAN’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO FANTUAN IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FANTUAN SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE).
  • FORCE MAJEURE. FANTUAN WILL NOT BE ELIABLE TO YOU FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS FOR THE PERIOD THAT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND FANTUAN’S REASONABLE CONTROL, INCLUDING ACTS OF GOD, WAR, STRIKES OR LABOUR DISPUTES, EMBARFGOES, GOVERNMENT OREDRS OR ANY OTHER FORCE MAJEURE EVENT.
  • LANGAUGE. It is the express wish of the parties that these Terms and all related documents be drawn up in English.
  • MISCELLANEOUS. These Terms and our Privacy Policy, constitute the entire agreement between you and Fantuan relating to the Fantuan Services and all related activities. These Terms shall not be modified except by a new posting of these terms by Fantuan pursuant to Section 1 above. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Fantuan to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Fantuan must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights granted hereunder, whether voluntarily, by operation of law, or otherwise without Fantuan’s prior written consent. By using the Fantuan Services, you agree that Fantuan will send you emails to confirm transactions and otherwise administer the Fantuan Services. Fantuan may alter, suspend, or discontinue the Fantuan Services at any time and for any reason or no reason, without notice. The Fantuan Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Fantuan may periodically add or update the information and materials on the Fantuan Services without notice.
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