Terms of Use

These Terms of Use (“Terms“) govern your use of the website and mobile application provided by Now Open App Inc (or referred to as “us“) (collectively the “Platform“). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood, and accepted the Terms, including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree to or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g., companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. 

Users below the age of 18 must obtain consent from the parent(s) or legal guardian(s), who, by accepting these Terms, shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. 

Assent & Acceptance

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

  • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
  • LIMITATIONS OF OUR LIABILITY TO YOU; AND
  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND NOW OPEN APP INC.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and access to the Services and may subject you to civil and criminal penalties.

Now Open App

What we do

Through our Platforms, Now Open App links you to the vendors (“Vendors or Restaurant“) for you to order a variety of goods, including prepared meals, non-prepared food, and miscellaneous non-food items (hereinafter collectively referred to as “Goods“) to place an order through the app. When you place an order for Goods from our Vendors (“Order“), Now Open App acts as an agent on behalf of that Vendor to facilitate, process, and conclude the order.

How to contact us

For customer support, you may reach out to us via e-mail or through the website contact us page. 

  • Utilization of Platforms and the Now Open App Account
  • To access the Platform, you must first create a Now Open App account. When you create a Now Open App account, we will request personal information from you, including a valid e-mail address, a mobile phone number, and a unique password. To purchase an Order, you may be required to provide us with payment via the third-party app (Circle payments), depending on the payment method you choose. Your unique password should never be shared, and you agree to keep it always secret. You are solely responsible for maintaining the security of your password. Except in instances of fraud or abuse that are not your fault, you acknowledge that you are solely responsible for all Orders placed through your Now Open App account.
  • If you wish to delete your Now Open App account, please contact us via e-mail. We reserve the right to restrict, suspend, or terminate your Now Open App account and use of the Platforms if we have reasonable grounds to believe that: someone other than you is using your Now Open App account; or if you are suspected or discovered to have engaged in any activity or conduct that violates these Terms, our policies, and guidelines, or that constitutes an abuse of the Platforms in our sole discretion.

Restrictions

Activities Prohibited on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Now Open App reserves the right to investigate and take appropriate legal action against anyone who, in Now Open App’s sole discretion, engages in any of the prohibited activities. Prohibited activities include but are not limited to the following:

  • Using the Platforms in a manner that is inconsistent with applicable local, state, or federal laws or regulations.
  • Posting any content that violates a third party’s intellectual property, privacy, publicity, trade secret, or other rights.
  • Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or humiliating to any other person or entity, as determined solely by Now Open App or in accordance with local community standards.
  • Posting content that Now Open App determines to be cyber-bullying at its sole discretion.
  • Posting content that depicts any dangerous, life-threatening or otherwise risky behavior is strictly prohibited.
  • I am posting any person’s telephone number, street address, or last name.
  • URLs to external websites or any HTML or programming code are not permitted.
  • I was posting anything that may be considered “spam” as determined solely by the Now Open App.
  • When posting content, impersonating another person.
  • Without their consent, harvesting, or otherwise collecting information about others, including e-mail addresses.
  • You allow another person or entity to use your identity to post or view comments on your behalf.
  • On the Platforms, harassing, threatening, stalking, or abusing another user.
  • Engaging in any other conduct that restricts or inhibits another person from using or enjoying the Websites, or that, in Now Open App’s sole discretion, exposes Now Open App, its customers, suppliers, or any other third party to any liability or detriment of any kind; or encouraging other people to engage in any prohibited activities as described herein.
  • Now Open App reserves the right to do any or all the following but is not obligated to do so:
  • If an allegation is made that any content posted on the Platforms violates these Terms, we will investigate and, in our sole discretion, remove or request the removal of the content.
  • Takedown any content that is abusive, illegal, disruptive, or that otherwise violates these Terms.
  • Suspend or terminate a user’s access to the Platforms or their Now Open App Account upon any breach of these Terms.
  • Monitor, edit, or disclose any content on the Platforms: and
  • edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

Intellectual Property 

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Now Open App and third parties who have authorized us with the use (collectively the “Trademarks“). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Now Open App’s trademarks on any other website not approved by us is strictly prohibited. Now Open App will aggressively and fully enforce its intellectual property rights of the law, including criminal prosecution. Now Open app neither warrants nor represents that your use of materials displayed on the Platforms will not infringe the rights of third parties not owned by or affiliated with Now Open App. Use of any materials on the Platforms is at your own risk.

Restrictions on Goods 

Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods“), depending on the applicable laws of the state you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to process the order to you based on the relevant statutory requirements of the time being in force. 

Alcohol

If you order alcohol, you represent and warrant that you are of legal drinking age in the area in which the alcohol is served. You are not ordering alcohol for any person who is not of the legal drinking age in the applicable jurisdiction. You acknowledge and agree that Vendors may require valid government-issued photo identification(s) matching the order’s name and establishing your age, as well as that the recipient is not intoxicated. Suppose you cannot satisfy the Vendor with these conditions. In that case, alcohol products may be withheld, and any refund for such withholding is at the Vendor’s, Now Open App’s discretion.

Orders 

  • When you place an Order with Now Open App, Now Open App will confirm it by sending you a confirmation e-mail with the Order receipt attached. Orders will include applicable tax, if applicable (e.g., goods and services tax, value-added tax, etc.).
  • Special Instructions – Now, Open App and the Vendor (as applicable) will make a reasonable effort to comply with any special instructions you provide in connection with an Order. If this is not feasible, possible, or commercially reasonable, Now Open App and the Vendor reserve the right to proceed with the Order preparation following standard operating procedures. Neither Now Open App nor the Vendor shall be liable for replacing or refunding an Order that does not adhere to your special instructions.
  • Allergens – Now, Open App is not required to make ingredient or allergen information available on the Platforms. Additionally, Now Open App makes no guarantee that the Goods sold by Vendors are allergen-free. Please contact the Vendor before placing an Order on our Platforms if you have allergies, allergic reactions, or dietary restrictions and requirements.
  • Please keep in mind that the Vendor may impose additional terms and conditions on your order.
  • Before placing the order
    1. After selecting a Vendor, you will be directed to the Vendor’s menu page, where you can select and add Goods to your cart.
    2. Placement of the Order
    3. Please follow the on-screen instructions after clicking ‘Checkout’ to complete an Order. You may be required to provide additional information to us for us to process your order. Before clicking “PLACE ORDER,” you must review and confirm that all the information you provide, including the amounts, personal information, payment information, and voucher codes (if applicable), is true, accurate, and complete. When you receive an e-mail confirmation from us containing your Order receipt, your order has been successfully placed.
  • Canceling an Order 
  • If you wish to cancel your order after it has been placed, please contact us immediately via our in-app customer support chat feature. You have the right to cancel your order if it has not yet been accepted by a Vendor.

Prices and Payments

  • Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices, and you accept the offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 
  • The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may: 
  • include GST, VAT, or such other equivalent tax; or 
  • exclude GST, VAT, or such other equivalent tax. 

A breakdown of the prices and additional charges is displayed before Checkout. When you place an order, you agree to all amounts, additional charges, and the final ‘Total’ amount, which is displayed to you. 

  • you have a valid promotional or discount voucher and apply it at Checkout; or 
  • unless stated otherwise.
  • Prices are indicated on the Platforms areas at the time of each order and may be subject to change. 
  • You can choose to pay for an order using any of the different payment methods offered on the Platforms, including: 

Vouchers, Discounts, and Promotions

  • From time to time, Now Open App may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers“). Vouchers are subject to validity periods and redemption periods and, in some instances, may only be used once.
  • Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to Vouchers. 
  • Unless otherwise stated, Vouchers can only be used on our Platforms. 
  • Vouchers cannot be exchanged for cash.
  • Now Open App reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual restaurant’s terms & conditions apply
  • We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. 

Representations, Warranties, and Limitation of Liabilities

Representations and Warranties 

You acknowledge and agree that the content on the Platforms is provided on an “as is” and “as available” basis and that your use of or reliance upon the Platforms and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While Now Open App makes reasonable efforts to ensure the provision of the Platforms and the services we offer are always available, we do not warrant or represent that the Platforms shall be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects, or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications, or events of force majeure.

Limitation of Liability 

To the extent permitted by law, Now Open App (which shall include its employees, directors, agents, representatives, affiliates, and parent company) 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 Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of Platforms. The Now Open App entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Now Open App entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Now Open App, the Now Open App entities, its agents, representatives, and service providers’ liability shall be limited to the extent permitted by law.

Vendor’s representations

Now Open App shall neither be liable for actions or omissions of the Vendor nor you regarding the provision of the Goods. Now Open App does not assume any liability for the quantity, quality, condition, or other representations of the Goods and services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos, and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.

Vendor Liability 

Vendors are responsible for the preparation, condition, and quality of Goods. Now Open App shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. 

Personal Data (Personal Information) Protection 

You agree and consent to Now Open App and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms and shall form a part of these Terms. 

Indemnity 

You agree to indemnify, defend, and hold harmless Now Open App, its directors, officers, employees, representatives, agents, and affiliates, from all third-party claims, liability, damages, and costs (including but not limited to legal fees) arising from your use of the Platforms or your breach of these Terms. 

Third-Party Links and Websites

The Platforms may contain links to other third-party websites, and by clicking on these links, you agree to do so at your own risk. Now Open App does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Now Open App accepts no liability or responsibility for any loss or damage you may suffer in relation to your access and use of these third-party links and websites.

Termination

Now Open App has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Now Open App, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Now Open App may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

Amendments 

Now Open App may amend these Terms at any time at its sole discretion. The amended Terms shall be effective immediately upon posting, and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you disagree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

Severability 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Governing Law and Dispute Resolution

  1. Governing Law. These Terms of Service will be governed by the laws of the United States unless you access the Now Open App Platform or receive the Now Open App Services, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Now Open App Services, and the federal laws of United States applicable therein. These laws apply to your access to or use of the Now Open App Platform, the Now Open App Services, or the Content, notwithstanding your domicile, residency, or physical location. The Now Open App Platform, the Now Open App Services, and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
  2. Dispute Resolution Process.
  3. Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Now Open App or any members of the Now Open App Group, including any dispute or controversy arising out of or relating to these Terms of Service, the Now Open App Platform or Now Open App Services, any interactions or transactions between (1) you and (2) Now Open App or any members of the Now Open App Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a “Dispute”), the disputing person will serve notice on the other person and each you and us must use reasonable faith efforts to resolve the Dispute informally.
  4. Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and we agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of United States, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary, acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Now Open App will pay the reasonable arbitration costs.
  5. Except to the extent restricted by applicable law, you and we agree that you and we will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity, and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity or bring, join, or participate in a class-action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Now Open App Group.
  6. Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

GENERAL PROVISIONS:

  1. JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of the United States without giving effect to any principles of conflicts of law. The Courts of the United States shall have exclusive jurisdiction over any dispute arising from the use of the website.
  2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be given, sold, leased, or otherwise assigned by us, the rights and liabilities of Now Open App.com will bind and inure to any assignees, administrators, successors, and executors.
  3. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  4. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
  5. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
  6. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, actions of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
  1. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the website or e-mail us at info@nowopenapp.com.

This document was last updated on August 22, 2022