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Terms & Conditions

Last Updated February 1, 2013

These are the terms and conditions (the "Terms of Use") that govern the supply of services by Inc. ("SoHungry", "us", "we", "ours" and words of like import) to our restaurant patron customers ("Customer", "you", "yours" and words of like import). These Terms of Use become a binding legal agreement when you create an account with us or order through us. The SoHungry service (the "Services") allows our customers to order food and other goods and services from restaurants through our online ordering system.

1. These Terms of Use

1.1 These Terms of Use constitute a legally binding agreement, and govern our delivery and your receipt and use of the Services. They apply to all of our Services provided to you (this includes your use of our website and placing an order through us). If you do not agree with these Terms of Use, you should not use our Services.

2. Your Account

2.1 In using our Services you may be required to create an account with us. We will send you any notices under these Terms of Use to the email address you provide to us with your account. Goods and services that you order from restaurants ("Goods and Services") using the Services may be delivered to the address you provide to us with your account. You must keep your account information current, and you must keep your account login credentials secure. If you do not, we have no responsibility for any loss or damage that you may suffer as a result.

2.2 In using our Services you consent to your use of your personal information that you provide to us in using the Services, in the manner set forth in our Privacy Policy (the "Privacy Policy").

3. Your Use of Our Services

3.1 We hereby grant you a limited, non-sublicensable, non-transferable, non-exclusive royalty-free license to use the Services solely for the purpose of ordering goods and services in the manner permitted by our website. This license is effective during your use of the Services in accordance with these Terms of Use. We may cancel this license at any time, for any reason, or for no reason. Such license is subject to these Terms of Use, and specifically conditioned upon the following:

(i) you may only view, copy and print such portions of the text, images or other content available through the Services (the "Content") for your own use;

(ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms of Use;

(iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;

(iv) you may not use any data mining, robots or similar data gathering or extraction methods;

(v) you may not use the Services or the Content other than for their intended purpose.

3.2 Our Services consist principally of the information provided on our website, and the capabilities provided by our website, in particular with respect to the ordering of Goods and Services. It is your responsibility to pay for those Good and Services in the manner described on our website. We have no responsibility or liability to you for any Good and Services, or for any act or omission of any other person, including the providers of the Goods and Services or their suppliers. Any monies that we collect from you in payment for Goods and Services are collected by us on behalf of the applicable provider, subject to our agreement with them. You have no recourse against us with respect to those monies. Except as may be expressly and specifically described on our website, we do not provide any refunds, rebates, credits or other reductions of amounts paid for Goods and Services, and we provide no warranty for or replacement of any Goods and Services, or any support in relation to them. Any remedy you may have regarding the Goods and Services is to be obtained by you solely from the provider of those Goods and Services.

3.3 Support in the use of the Services is available by telephone and / or email in the manner described on our website.

3.5 Our Services and any fees we may from time to time charge for them are subject to change without notice at any time. Please see our website for the most current description of our Services and any fees.

4. Our Content; Intellectual Property

4.1 The Content is provided by us and our licensors for your use with the Services. References to Goods and Services, or to any other goods or services, do not imply our endorsement of those goods and services, and we have no responsibility for them.

4.2 All Services and any software, technology or other intellectual property that we use to provide the Services or that we create in the provision of the Services, and all Content, is our property or the property of our licensors, and except for the limited rights of use to the Services expressly granted to you in these Terms of Use, no rights to any of them are granted to you under these Terms of Use.

5. Your Content; The Use of Your Content

5.1 The Services may allow you to post text, images and other content (such content posted to the Services, "Your Content") on our website for the use of the users of our website under the license granted to that content in these Terms of Use. Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage Your Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice Your Content, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing Your Content.

5.2 We do not claim any ownership interest in Your Content, but we do need the right to use Your Content to the extent necessary to operate the Services, now and in the future. For example, if you leave comments on our website, we need your license to display that content on the Services, and we need the right to sublicense that content to our other users so that they can view that content.

5.3 Therefore, by posting or distributing Your Content to or through the Services, you (a) grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from Your Content, in the manner in and for the purposes for which the Services from time to time use such content; (b) represent and warrant that (i) you own and control all of the rights to Your Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute Your Content, to or through the Services; and (ii) the use and posting or other transmission of Your Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. If Your Content is intended for the use of other users of our Services (for example, a comment in a public area of our website), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such content to such users for their use in connection with their use of the Services, as described in these Terms of Use.

5.4 These licenses from you are non-exclusive because you have the right to use Your Content elsewhere. They are royalty-free because we are not required to pay you for the use of Your Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Services does this to Your Content when it processes it for use in the Services, and our rights to do that to Your Content are limited to use for that purpose.

5.5 The Services may include public comment areas, discussion forums, bulletin boards, reviews or other forums in which you or third parties may post reviews or other Content on the Services ("Interactive Areas"). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following: Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use; Viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose us or our affiliates or customers or users to any harm or liability of any type. Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your account and/or license to use the Interactive Areas and/or the Services.

6. Default And Termination

6.1 You may terminate your account with us at any time through our website. We may terminate your account with us at any time, for any reason or for no reason, by sending your notice of cancellation to the email address you provide in your account. Notwithstanding any cancellation or termination, these Terms of Use will apply to any Goods and Services you order through the Services. This agreement otherwise remains in effect until it is terminated by either party in accordance with these Terms of Use. Upon termination of this agreement, we may retain a copy of the information you provided to us during the term of the agreement, solely for the purposes of enforcing our rights under these Terms of Use.

7. Disclaimers, Warranties, Limitation of Liability and Indemnity

7.1 Except as specifically set forth in these Terms of Use, SoHungry makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services. SoHungry does not represent or warrant (a) that the use of the Services will be uninterrupted or error-free or operate in combination with any other hardware, software, system or data, or (b) that all errors or defects will be corrected. SoHungry does not represent or warrant as to any minimum results from the use of the Services. Except as specifically set forth in these Terms of Use, all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party intellectual property rights, are disclaimed by SoHungry to the maximum extent permitted by applicable law.

7.2 See also the disclaimers and limitations of responsibility in Section 3.2 of these Terms of Use.

7.3 SoHungry shall not be liable to you for any indirect damages, loss of profits or other economic loss, or any exemplary, punitive, incidental, special or consequential damages, in relation to this agreement, the Services or the Goods and Services, even if we have been advised of the possibility of such damages. In no event shall SoHungry's liability under these Terms of Use for any loss, damage, liability or claim exceed $10. The exclusions and limitations in this Section shall apply regardless of whether any action is brought in contract or in tort, including breach of warranty, negligence and strict liability, or fundamental breach and/or failure of essential purpose of the agreement or of any remedy contained herein, and shall survive the expiration, termination or repudiation of this agreement.

7.4 You shall indemnify us and defend us harmless, together with our shareholders, directors, officers, agents, employees and other representatives, from any damage, loss, liability, or claim that we may suffer as a result of your non-payment for any Goods and Services you order through the Services, or otherwise as a result of your use of the Services.

8. General

8.1 Subject to the Privacy Policy, if you send to us or post through the Services in any public area any information, ideas, inventions, concepts, techniques or know-how ("User Submissions"), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that we can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Services or send them to us.

8.2 No system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of internet services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular,

8.3 If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted - they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account.

8.4 You may not assign your rights or obligations under these Terms of Use without our prior written consent.

8.5 We shall be entitled to use your name on our website and general sales collateral for the sole purpose of identifying you as a customer of ours.

8.6 Nothing contained in these Terms of Use shall create or imply any agency relationship between the parties, nor shall these Terms of Use be deemed to constitute a joint venture or partnership between the parties.

8.7 These Terms of Use constitute the entire agreement between the parties relating to the Services. You may not amend these Terms of Use without our prior written consent. We may amend these Terms of Use on not less than 30 days prior written notice to you, and if you do not terminate your account and cease your use of the Services on or before the effective date of such amendment you shall be deemed to have agreed to the amendment. Sections 4.2, 6.2, 7 and 8 shall survive any termination or expiry of these Terms of Use.

8.8 These Terms of Use shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts situate in the City of Toronto shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and each irrevocably attorns to the jurisdiction of such courts.

8.9 The parties have requested that these Terms of Use and all documents contemplated thereby or relating thereto be drawn up in the English language. Les parties ont requis que cette Convention ainsi que tous les documents qui y sont envisagés ou qui s'y rapportent soient rédigés en langue anglaise.

8.10 If you have any questions regarding these Terms of Use or your use of the Services, please Contact Us.