MIDNIGHT FEASTS TERMS AND CONDITIONS OF SERVICE
If you have any questions relating to these terms and conditions please contact firstname.lastname@example.org before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
1. INFORMATION ABOUT US
midnightfeast.ca is a website operated by Midnight Feast Limited (“we” or “us” or “Midnight Feast” . Midnight Feast is a business where the food is prepared by independent restaurants (our “Restaurants”) and delivered by sub-contracted couriers.
The purpose of our Service is to provide a simple and convenient service to you, linking you to a restaurant and menu of your choice and allowing you to order Meals from them. Midnight Feast markets the Meals of these restaurants, concludes their orders and delivers their Meals to you.
3. SERVICE AVAILABILITY
Midnight Feast offers an ordering and delivery service from our restaurants throughout Vancouver. Operating hours will vary depending on local trading conditions and the availability of the restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to us.
When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by us will be sent to you. The contract for the supply of any Meal you order through us will be between you and us and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address and phone number as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. Midnight Feast seeks to provide a quality service and will be the first contact in event in there is a problem with your Meal either in regards to food quality and/or temperature.
All Meals are subject to availability. We may offer an alternative for any Meal if it is unavailable. Restaurants may use nuts in the preparation of certain Meals. Please call the restaurant prior to ordering if you have an allergy. Midnight Feast cannot guarantee that any of the Meals sold by our restaurants are free of allergens.
6. AVAILABILITY AND DELIVERY
Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the restaurant at that time.
You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. Midnight Feast and the restaurant may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by us will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. Midnight Feast alone will determine whether an order is a Started Order or not.
8. PRICE AND PAYMENT
The price of any Meals will be listed on our Service. Prices exclude tax. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The relevant restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by credit card through our Service. Once your order has been confirmed your credit card will have been authorised and the amount marked for payment. Payment is made directly to Midnight Feast. When we make a delivery, we may at our sole discretion charge you a payment processing fee (“Processing Fee”) which will be notified to you before you complete your order.
9. OUR LIABILITY
To the extent permitted by law, Midnight Feast provides our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Midnight Feast nor any Partner Restaurant shall have have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Midnight Feast or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any wayMidnight Feast’s or any partner restaurant’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
10. EVENTS OUTSIDE OUR CONTROL
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 10 shall excuse the Customer from any payment obligations under this Agreement.
Neither you, Midnight Feast nor the restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
13. ENTIRE AGREEMENT
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15. LAW AND JURISDICTION
1. INFORMATION ABOUT US
midnightfeast.ca is a website operated by Midnight Feast Limited (“we” or “us” or “Midnight Feast”. Midnight Feast is a business where the food is prepared by independent restaurants (our “Restaurants”) and delivered by our sub-contractor bike messengers.
2. ACCESSING OUR SERVICE OR OUR SERVICES
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact email@example.com straight away to let us know. We can deactivate your account at any time.
3. ACCEPTABLE USE
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
4. INTERACTIVE FEATURES OF OUR SITE
5. CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Canada and in any country from which they are posted. Contributions must not:
contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trademark of any other person;
be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6. SUSPENSION AND TERMINATION
immediate, temporary or permanent withdrawal of your right to use our Service;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
7. INTELLECTUAL PROPERTY RIGHTS
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
8. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
9. OUR SITE AND OUR SERVICE CHANGE REGULARLY
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
10. OUR LIABILITY
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE
12. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
13. LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. JURISDICTION AND APPLICABLE LAW
16. YOUR CONCERNS
If you have any concerns about material which appears on our Service, please contact firstname.lastname@example.org
Voucher Terms & Conditions
All discounts, vouchers or codes only apply to first orders for new customers of Midnight Feast unless otherwise stated.
New customers are only permitted to use one discount voucher or code when placing their first order only. Subsequent orders will then not be eligible for any new customer discounts, vouchers or codes.
A new customer is defined as someone who registers, makes a meal selection and enters the discount or voucher code specified on the advert, coupon or leaflet, at checkout during their order procedure.
Sometimes a minimum spend is applicable in order to validate and use any discount, voucher or code.
Unless otherwise stated, all discounts, vouchers or codes must be redeemed within one calendar month.
Only one discount, voucher or code can be redeemed per order and each discount, voucher or code can only be used once per person.
All promotional validity dates are specified on the adverts, coupons or leaflets, please refer to the summary terms on these pieces of artwork for exact and further information specific to that promotion and its promotional period.
Any discounts, vouchers or codes cannot be used in conjunction with any other Midnight Feast offer.
Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.
Cancelled orders will invalidate the use of that code on an account. If this is a new customer discount or code, new customers will then not be eligible for any subsequent new customer discounts, vouchers or codes
All discounts, vouchers and codes can only be used on one order, any remaining credit from that discount, voucher or code cannot be carried forward to any additional or subsequent orders.
Discounts, vouchers or codes may be provided on a customer service basis and will be applied to the customer’s account in the form of credit which has to be used in one order.
Any attempt to manipulate the system and use of discounts, vouchers or codes by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and use of that discount, voucher or code invalid and may potentially lead to that account being closed down.
If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes beyond the control of the Midnight Feast, or a meal or restaurant becomes unavailable, Midnight Feast reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to affected customers.
Midnight Feast reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemption’s including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
By redeeming the discount, voucher or code, customers agree to release Midnight Feast from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the campaign or with the acceptance or possession of any order (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
All meals and restaurants are subject to availability.
Normal registration and Midnight Feast delivery terms and conditions apply – please see these on this page for more information.
All menu items and restaurants are subject to availability.
No responsibility is accepted for referrals that are lost, corrupted or delayed or as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
Unique codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via social media where you are the primary content owner. Public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed.
By taking part in any Midnight Feast promotion you will be deemed to have accepted and be bound by these terms and conditions.
This promotion will be governed by the laws of Canada and the exclusive jurisdiction of the Canadian courts.
The Promoter: Midnight Feast 30th Ave East. Vancouver B.C.