Terms of Service
HALALX INC Restaurant Services Inc.
HALALX INC RESTAURANT SERVICES INC. (“
OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT
WEBSITE”) AND THE HALALX INC MOBILE APPLICATION (THE “
Effective Date: June 19, 2017
The HALALX INC service allows users to place orders for products included but not limited to food delivery, take out and alcohol from restaurants and stores in select cities as identified on the Website (the “
Service”). You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, HALALX INC does not prepare the food or provide delivery services directly and it will not be liable for the actions or omissions of any third-party independent courier contractors or restaurants that provide services through the Service including without limitation for any issues related to product/food quality or timely delivery.
By placing an order with us you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. In the case of ordering alcohol, you warrant that you are of legal age and are not buying such products for anyone below the legal age.
In order to place orders through the Service (each an “
Once you submit an Order and your payment has been authorized (cash, credit card, or debit card), your Order will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
Delivery of Orders
When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and HALALX INC offers no guarantee by this time. HALALX INC is not responsible for any delays in receiving your Order for any reason.
If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered. The right is reserved of Vendors to require, valid government-issued photo identification, matching the name on the order, proving your age to the courier and that the recipient will not be intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Vendor then delivery of the alcohol products will be withheld, and any refund for such withholding is solely at the discretion of the Vendor.
Price and Payment
Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“
User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not HALALX INC, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. HALALX INC does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will HALALX INC be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service
In using the Website, App and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content to HALALX INC and other Users
End User License
Apple App Store and Google Play Store Additional Terms and Conditions
You represent and warrant that (i) you are not located in a country that is subject to a Canada or U.S. Government embargo, or that has been designated by the Canada or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Canada or U.S. Government list of prohibited or restricted parties.
- Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App. HALALX INC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HALALX INC’ sole responsibility;
- HALALX INC, not Apple and Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
If You provide HALALX INC with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("
Feedback"), HALALX INC may use such Feedback in the Website, App, Service and/or in any other HALALX INC products or services (collectively, "
HALALX INC Offerings"). Accordingly, You agree that: (a) HALALX INC is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to HALALX INC, (c) HALALX INC (including all of its successors and assigns and any successors and assigns of any of the HALALX INC Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any HALALX INC Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
By posting, uploading or transmitting any Feedback, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to such Feedback including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Feedback.
You are prohibited from posting, uploading or transmitting any Feedback that:
In particular (but without limitation), any Feedback that you submit through the Website must not:
breaches any applicable local, national or international law;
is unlawful or fraudulent;
amounts to unauthorised advertising; or
contains viruses or any other harmful programs.
We reserve the right and have the sole discretion to remove or edit at any time any Feedback posted, uploaded or transmitted to the Website/App that we determine breaches a prohibition detailed above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person;
breach any legal duty owed to a third party (such as a duty of confidence);
promote illegal activity or invade another’s privacy;
give the impression that they originate from us; or
be used to impersonate another person or to misrepresent your affiliation with another person.
The Feedback contained on the Website/App are for information purposes only and do not constitute advice from us. Feedback reflects the opinions of customers who have ordered through the Website/App and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Feedback, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that HALALX INC shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
Refer a Friend Program Terms
As a HALALX INC account holder, you are entitled to voluntarily participate in the HALALX INC Refer a Friend Program. A unique alphanumeric code is assigned to your HALALX INC account, referred to as your personalized referral code (“
Referral Code”). To participate in this promotion, you will need to refer friends who have never placed an order with us (“
Friends”) and invite your Friends to use our Website/App with your Referral Code.
You will earn HALALX INC credit (the amount of credits will be detailed in the promotion) once your Friend (“
Referred User”) has completed an eligible order on HALALX INC (details will be detailed in the promotion and the terms of an eligible order may change at any time at HALALX INC’ sole discretion). The referral credit will be applied automatically against your food & beverage subtotal on your next HALALX INC order, up to and including the food & beverage subtotal before taxes, tip, and delivery fee. If any credit happens to remain after being applied to the order, that credit will remain on your account. HALALX INC referral credits are subject to expiration and must be used within the timeframe, if stated. The amount of referral credits earned and redeemed are subject to change at any time at HALALX INC’ sole discretion.
This personalized referral code should only be used for personal and non-commercial purposes. You may share your code with your personal connections via social media, email, or word of mouth, where you are the primary content owner. In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites, affiliate websites, discussion forums, etc.), public distribution is not allowed. Promoting or advertising your personalized referral code via Search Engine Marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not allowed to misrepresent your relationship with HALALX INC or the Service to any third parties, and you will not make any warranty or representation on behalf of HALALX INC. You are not allowed to refer yourself or members of your household for the purposes of earning referral credit.
HALALX INC reserves the right, at its sole discretion, to deactivate your account(s) and revoke the referral credits of any Account Holder it finds or believes to be earning or using referral credits against these Terms and/or manipulating or abusing these Terms.
HALALX INC reserves the right at its full discretion to modify, delete, or add to these Terms at any time without prior notice. The HALALX INC Refer a Friend Program may be suspended, modified, or withdrawn at any time without notice.
Links & Third-Party Websites
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by HALALX INC. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by HALALX INC of that third party, third party product or service. HALALX INC is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that HALALX INC endorses or accepts any responsibility for the content or use of such websites, and You hereby release HALALX INC from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." HALALX INC SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HALALX INC DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HALALX INC SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. HALALX INC WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. HALALX INC WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL HALALX INC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, OR VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF HALALX INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HALALX INC’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID HALALX INC IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("
Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Availability & Updates
HALALX INC may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. HALALX INC may periodically add or update the information and materials on this Website without notice.
While we try to ensure the Website and App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
Information sent or received over the Internet is generally unsecure and HALALX INC cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. HALALX INC will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@HALALX INC.com.
The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by HALALX INC from time to time for use on the Website/App, including vouchers with a credit value ("
Vouchers may only be redeemed towards online Orders from Restaurants made through the Website.
Vouchers must be applied to a registered HALALX INC online customer account by no later than the deadline specified on the Voucher, and will expire if not applied by this date. If the Voucher is applied before the expiry date, the customer account will be credited by the relevant amount.
The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
Vouchers may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time.
Vouchers may not be exchanged for cash.
We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.
We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.