Mobile Order and Payment Terms
Last Revised: 22 September, 2022
These Mobile Order and Payment Terms (the “Mobile Order and Payment Terms”) govern your access to and use of certain functionalities of the Services (as defined in the general Terms of Service available at www.ooeuf.ca/terms-of-use (the “Terms of Service”)) which allow you to use a device to either: i) order and pay for certain products at or prior to arrival at participating restaurant locations (“Mobile Ordering”), or ii) pay for certain items you order either in participating restaurant locations or via its drive-through (“Mobile Payment”).
Mobile Ordering and Mobile Payment are accepted at select participating restaurants, some of which may offer one and not the other, and are subject to these Mobile Order and Payment Terms, the Terms of Service, and any applicable additional terms incorporated by reference within the Terms of Service. All capitalized terms used in these Mobile Order and Payment Terms and not defined herein shall have the respective meanings assigned to them in the Terms of Service.
These Mobile Order and Payment Terms and the Terms of Service are a binding legal contract between you and The TDL Group Corp., including without limitation the OOEUF® restaurant brand (collectively, “TDL”). Please read these Mobile Order and Payment Terms and the Terms of Service carefully before using Mobile Ordering or Mobile Payment. Your use of Mobile Ordering or Mobile Payment means that you agree to be bound by these Mobile Order and Payment Terms, the Terms of Service and any applicable additional terms incorporated by reference within the Terms of Service. Do not use Mobile Ordering or Mobile Payment if you do not accept these Mobile Order and Payment Terms or the Terms of Service.
By using Mobile Ordering or Mobile Payment, you acknowledge that you have reviewed and understand our Privacy Policy (www.ooeuf.ca/privacy-policy-en), and consent to the practices described in that policy.
Mobile Ordering and Mobile Payment may not be available for all restaurant locations. Some restaurants may not sell all menu items, and certain menu items may be subject to limited availability, or availability that is limited to certain times of the day. Images of menu items on the Services may not be identical to what you receive.
When you use the Services for Mobile Ordering, you must select the participating restaurant at which your order is placed, and the approximate time of pick-up or delivery. Please select your location and pick-up/delivery time carefully, as once you have confirmed your order, it may not be canceled. You must also select whether you would like to place a pick-up order, or delivery. Not all restaurant locations offer both pick-up and delivery, and the availability of in restaurant dining may vary.
If your order is not picked up at the selected time, or if we attempt but are unable, through no fault of our own, to deliver your order at the selected time, your order will be discarded, and no refund will be issued.
Deliveries will only be made to a valid address (as determined by TDL in its sole and absolute discretion). However, please note that delivery may not be available to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. In the event we are not able to deliver to the address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your order.
You have a legal obligation to pay for any orders that you make through the Services by means of a payment option we make available through the Services at the time of ordering. You also have a legal obligation to pay for any orders you place in restaurant or at a drive-through and seek to pay for using Mobile Payment. If you use Mobile Ordering, before you submit an order, you must provide a valid form of accepted payment to use with your order.
If you choose to set up Mobile Payment, the credit card information or Ooeuf gift card (“Ooeuf Gift Card”, which for certainty is governed by additional terms applicable to Ooeuf Gift Cards) information you provide will be remembered for future purchases. You may save more than one credit card if you choose, and you may delete payment methods you have previously saved. If you turn on this feature in the mobile or tablet application, you can select one of your saved payment methods (either a saved credit card, or a Ooeuf Gift Card with stored value) to associate with your Ooeuf rewards program (“Ooeuf Rewards”, which for certainty is governed by additional terms applicable to Ooeuf Rewards) card. Then, when you wish to use Mobile Payment to pay for an order you place in person or at the drive-through of a participating restaurant, you must present them with the QR code we will send to your mobile device. When our transaction system scans and verifies this QR code, both your payment, and information for your participation in the Ooeuf Rewards program, is captured. If you do not associate a payment method with your Ooeuf Reward card, this QR code will serve only to provide information for your participation in the Ooeuf Rewards program. You must have a compatible mobile device, and must have it with you, to use Mobile Payment. You may change or correct the credit card information associated with your Ooeuf Rewards card by using the features provided in the Account settings of the mobile or tablet application.
For both Mobile Ordering and Mobile Payment, TDL will charge, and you authorize us to charge, the payment method you specify at the time you place your order. You will be responsible for all applicable taxes related to your order. Applicable taxes will be charged at the time you are billed. By completing an order, you are agreeing to pay, in full, the prices and all applicable taxes in relation to your order, either by credit card or other permitted payment method. The total amount due to us may be charged in one (1) or more transactions (as determined by TDL in its sole and absolute discretion) (i.e. such that the sum of the amounts due to us pursuant to these transactions will equal the total amount due to us). We will only charge you the invoiced amount, but your financial institution may charge you a service charge or other bank fees. All prices on the Services are in Canadian dollars.
Minimum order amounts may apply for orders placed through the Services, including both Mobile Ordering and Mobile Payment.
Pricing and other terms and conditions relating to a purchase may be changed by TDL at any time without notice. Prices for Mobile Ordering may differ from those for purchases made through other channels. We reserve the right to change the prices offered through the Services at anytime. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.
Charges paid for completed orders may not be cancelled, returned or refunded. TDL has no obligation to provide refunds or credits.
Without limiting the generality of any other section of these Mobile Order and Payment Terms, we reserve the right to limit or refuse any order, or any item or items within an order, you place through the Services. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of these Mobile Order and Payment Terms. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household, per period of time, or per order. These restrictions may include orders placed by or under the same account, or using same payment method, credit card, and/or billing information. In the event that we are unable to or choose not to accept an order or item, you will be notified accordingly and the amount for that order or item will be refunded accordingly.
All orders are subject to verification at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order, delivery, pick-up, and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of these Mobile Order and Payment Terms.
TDL reserves the right to discontinue Mobile Ordering and/or Mobile Payment, or to change the location of restaurants or markets offering or participating in Mobile Ordering or accepting Mobile Payment at any time and without notice or liability in accordance with these Mobile Order and Payment Terms and the Terms of Service.
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services (including without limitation Mobile Ordering and/or Mobile Payment), in whole or in part, with or without prior notice. We may also suspend, or terminate the Services (including without limitation Mobile Ordering and/or Mobile Payment), in whole or in part, with or without prior notice.
TDL and all other Released Parties (defined below) are not responsible for any error in copy or images relating to the Services (including without limitation Mobile Ordering and/or Mobile Payment) or any other products offered via the Services. Errors will be corrected when discovered and TDL reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
Any provision of these Mobile Order and Payment Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Mobile Order and Payment Terms, will survive expiration or termination of these Mobile Order and Payment Terms for any reason. TDL also reserves the right to seek all remedies available at law and in equity for violations of the Terms of Services and/or these Mobile Order and Payment Terms. Upon termination or expiration, you must cease all use of Mobile Ordering and Mobile Payment.
THIS SECTION DOES NOT APPLY TO RESIDENTS OF THE PROVINCE OF QUEBEC.The following terms apply to all legal disputes between you and TDL. These Mobile Order and Payment Terms are governed by the laws of Canada and the Province of Ontario, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, by using Mobile Ordering and/or Mobile Payment, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.
Except where prohibited by applicable law, by using Mobile Ordering and/or Mobile Payment (and any other Services connected therewith), you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with Mobile Ordering and Mobile Payment shall be resolved individually, without resort to any form of class or representative action and exclusively by arbitration, as set out below; (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event legal fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive any and all rights to claim or seek recovery of punitive, incidental and/or consequential damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.
Except where prohibited by applicable law, by using Mobile Ordering and/or Mobile Payment (and any other Services connected therewith), you agree that any and all disputes, claims, and causes of action arising out of or connected with Mobile Ordering and Mobile Payment shall be referred to and finally resolved by binding arbitration. The arbitration shall be commenced and conducted before the Canadian Arbitration Association, pursuant to the general Canadian Arbitration Association Rules for Arbitration. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF MOBILE ORDERING AND/OR MOBILE PAYMENT (AND ANY OTHER SERVICES CONNECTED THEREWITH) IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT MOBILE ORDERING AND MOBILE PAYMENT (NOR ANY OTHER SERVICES CONNECTED THEREWITH), INCLUDING, WITHOUT LIMITATION, THE OPERATION OF MOBILE ORDERING AND MOBILE PAYMENT (AND ANY OTHER SERVICES CONNECTED THEREWITH), THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. MOBILE ORDERING AND MOBILE PAYMENT (AND ANY OTHER SERVICES CONNECTED THEREWITH) ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON MOBILE ORDERING AND MOBILE PAYMENT, THE SERVICES OR OTHERWISE BY TDL. FURTHER, THERE IS NO WARRANTY THAT MOBILE ORDERING AND MOBILE PAYMENT WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT MOBILE ORDERING AND MOBILE PAYMENT (AND ANY OTHER SERVICES CONNECTED THEREWITH), INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN MOBILE ORDERING AND MOBILE PAYMENT WILL BE TIMELY, SECURE, ACCURATE, ERRORFREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. TDL EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR TDL CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF TDL SHALL CREATE ANY WARRANTY OR CONDITION.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THAT THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL ANY OF THE RELEASED PARTIES (DEFINED BELOW) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THESE MOBILE ORDER AND PAYMENT TERMS, THE TERMS OF SERVICE, ANY ADDITIONAL TERMS INCORPORATED BY REFERENCE WITHIN THE TERMS OF SERVICE, OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE MOBILE ORDERING AND/OR MOBILE PAYMENT (AND ANY OTHER SERVICES CONNECTED THEREWITH), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF MOBILE ORDERING AND/OR MOBILE PAYMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASE PARTIES’ LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF MOBILE ORDERING AND/OR MOBILE PAYMENT.
You agree to indemnify, hold harmless, and defend TDL, Restaurant Brands International, Inc., their respective parent companies, subsidiaries, affiliates and licensors, any party involved in operating, creating, producing, or delivering Mobile Ordering and/or Mobile Payment (including without limitation third party advertisers), and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns (collectively, the “Released Parties”) from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of Mobile Ordering and/or Mobile Payment (and any other Services connected therewith), (ii) your online conduct in connection with Mobile Ordering and/or Mobile Payment (and any other Services connected therewith), (iii) your (or anyone acting under your password or username) violation or breach of these Mobile Order and Payment Terms, the Terms of Service and/or any applicable additional terms incorporated by reference within the Terms of Service, (iv) your failure to comply with any applicable laws or regulations in connection with Mobile Ordering and/or Mobile Payment (and any other Services connected therewith), (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with Mobile Ordering and/or Mobile Payment (including without limitation third party advertisers) (and any other Services connected therewith), or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of Mobile Ordering and/or Mobile Payment (and any other Services connected therewith). You shall not settle any such claim without the prior written consent of TDL. These obligations will survive any termination of these Mobile Order and Payment Terms, the Terms of Service and/or any applicable additional terms incorporated by reference within the Terms of Service.
These Mobile Order and Payment Terms, the Terms of Service, any applicable additional terms incorporated by reference within the Terms of Service and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between TDL and you. In the event any provision of these Mobile Order and Payment Terms, the Terms of Service and/or any applicable additional terms incorporated by reference within the Terms of Service is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of these Mobile Order and Payment Terms, the Terms of Service, any applicable additional terms incorporated by reference within the Terms of Service or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these Mobile Order and Payment Terms, the Terms of Service, any applicable additional terms incorporated by reference within the Terms of Service or to act with respect to similar breaches.
Only if required by applicable law (a “Prescribed Notice of Amendment”) or at TDL’s sole discretion, TDL will provide written notice of a proposed change to these Mobile Order and Payment Terms. A Prescribed Notice of Amendment will be provided at least thirty (30) days (or such other period as may be required by applicable law) before the change comes into effect, by posting a notice on the Services, sending a message to the email address (or other contact information we have for you at our discretion) and/or via any other means and/or any other contact information we have for you, in our sole discretion. Pursuant to a Prescribed Notice of Amendment, if you do not agree with the applicable change, you may refuse the change and cancel your agreement with us rather than accept the change at any time in the thirty (30) day period (or such other period as may be required by applicable law) prior to such change coming into effect, or, if required by applicable law and such amendment increases your obligations or decreases TDL’s obligations under these Mobile Order and Payment Terms, you refuse the change and cancel your agreement with us at no cost or penalty, no later than thirty (30) days after the change comes into effect by sending us a notice to that effect.
Please direct any questions, complaints, or comments related to Mobile Ordering or Mobile Payment to:
6241 Bd Léger
Montréal-Nord
QC H1G 6K8
Canada
