Last Updated: November 1, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Papa's
Mocharia To Go mobile application operated by our company.
1. AGREEMENT TO TERMS
By accessing or using our mobile application, you agree to be bound by these Terms. If you disagree
with any part of the terms, then you may not access or use our application.
2. INTELLECTUAL PROPERTY
The application and its original content, features, and functionality are and will remain the
exclusive property of our company and its licensors. The application is protected by copyright,
trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may
not be used in connection with any product or service without the prior written consent of our
company.
3. USER ACCOUNTS
When you create an account with us, you must provide information that is accurate, complete, and
current at all times. Failure to do so constitutes a breach of the Terms, which may result in
immediate termination of your account on our application.
You are responsible for safeguarding the password that you use to access the application and for any
activities or actions under your password, whether your password is with our application or a
third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of your account.
4. USER CONTENT
Our application may allow you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material. You are responsible for the content that you
post to the application, including its legality, reliability, and appropriateness.
By posting content to the application, you grant us the right to use, modify, publicly perform,
publicly display, reproduce, and distribute such content on and through the application. You retain
any and all of your rights to any content you submit, post or display on or through the application
and you are responsible for protecting those rights.
5. PROHIBITED USES
You may use our application only for lawful purposes and in accordance with these Terms. You agree
not to use the application:
- In any way that violates any applicable federal, provincial, local, or international law or
regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material, including any
"junk mail", "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the company, a company employee, another user, or any
other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
application, or which, as determined by us, may harm the company or users of the application or
expose them to liability.
6. IN-APP PURCHASES
The application may include the opportunity to purchase virtual, in-app items. You understand that
while you may "earn," "buy," or "purchase" in-app virtual items, you do not legally "own" the
virtual items and their values are limited to the extent of your limited license. The purchase of
virtual items is final and is not refundable, exchangeable, transferable, or redeemable for any sum
of money or monetary value from us at any time.
7. MODIFICATIONS TO THE APPLICATION
We reserve the right to modify or discontinue, temporarily or permanently, the application or any
service to which it connects, with or without notice and without liability to you.
8. UPDATES TO THE APPLICATION
We may from time to time provide enhancements or improvements to the features/functionality of the
application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the application. You agree
that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any
particular features and/or functionalities of the application to you.
9. THIRD-PARTY SERVICES
The application may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to third-party websites or
services.
You acknowledge and agree that we shall not be responsible for any Third-Party Services, including
their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality
or any other aspect thereof. We do not assume and shall not have any liability or responsibility to
you or any other person or entity for any Third-Party Services.
10. TERMINATION
We may terminate or suspend your account immediately, without prior notice or liability, for any
reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the application will immediately cease. If you wish to terminate
your account, you may simply discontinue using the application.
11. LIMITATION OF LIABILITY
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be
liable for any indirect, incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i)
your access to or use of or inability to access or use the application; (ii) any conduct or content
of any third party on the application; (iii) any content obtained from the application; and (iv)
unauthorized access, use or alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage.
12. DISCLAIMER
Your use of the application is at your sole risk. The application is provided on an "AS IS" and "AS
AVAILABLE" basis. The application is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.
13. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Canada and the province of
British Columbia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the
remaining provisions of these Terms will remain in effect.
14. CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By
continuing to access or use our application after those revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the new terms, please stop using the application.
15. CONTACT US
If you have any questions about these Terms, please contact us at legal@papasmochariia.com.
