Terms of use

Please read these terms of use (the "Terms of Use") carefully before using the transactional platform made available by BENNY & BROTHERS INC. ("Benny&Co") to its network of establishments (the "Establishments") and its consumers, which includes the websites www.benny-co.com, www.commande.benny.com and www.order.benny-co.com and any downloadable electronic application published by Benny&Co (the "Platform").

1. PREAMBLE

This Platform is made available to Users by Benny&Co. The terms "User" and "you" refer to you as an Establishment, a consumer or a visitor to this Platform.

By using this Platform, you acknowledge and agree to these Terms of Use, without modification or qualification. These Terms of Use apply to all visits to the Platform both now and in the future.

Benny&Co reserves the right to amend these Terms of Use, at any time and without notice, by publishing a new version of the Terms of Use on the Platform. Any changes so made to the Terms of Use shall be applicable as of your next use of the Platform.

If you do not agree to these Terms of Use, you may not access, view, obtain goods or services from, or otherwise use the Platform.

The Platform provides an online environment where, on the one hand, Establishments may offer and sell their goods and restaurant, takeout and delivery services in Canada and, on the other hand, consumers may browse for, purchase and receive such goods and services directly from the Establishments.

2. TRANSACTION DISCLAIMER

The User acknowledges that Benny&Co, by making the Platform available to its Establishments and consumers, is only providing a means for Establishments and consumers to transact and is not, as such, party to any contract which may be formed between an Establishment and a consumer when an order is placed using the Platform.

3. ELIGIBILITY AND AUTHORIZATION

If you are an individual, in order to use the Platform, you must be of age to consent and possess the power of discernment to enter into contracts alone to meet your ordinary and usual needs. If you are using the Platform as the mandator of another person, you must be a person of full age. You authorize Benny&Co, directly or through third parties, to make any inquiries it considers necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm your access to your email address or financial instruments, and verifying your information against databases maintained by Benny&Co or third parties or through other sources.

4. USER NAME, ACCOUNT AND PASSWORD

When you sign up for a User account to use the Platform, you will be asked to choose a username and a password that meets the requirements established by Benny&Co. You are entirely responsible for maintaining the confidentiality of your password.

You shall not disclose your password to any third party or use the account of a third party. If you know of or suspect any unauthorized use of your User account, you shall immediately notify Benny&Co. You acknowledge and agree that Benny&Co may hold you accountable for any such unauthorized use of your User account.

5. NEWSLETTERS, SURVEYS AND CONTESTS

Benny&Co may use the Platform to promote goods and services of Benny&Co and its Establishments by various means, including by way of newsletters, surveys and contests. Consumers are not required to participate in such promotional activities as a condition to the use of the Platform to obtain goods or services from an Establishment.

6. REQUIRED INFORMATION

Before concluding an order made through the Platform, each Establishment shall disclose and present the following information to the consumer prominently and in a comprehensible manner, so that the consumer may easily retain and print his or her order and correct any error before his or her order is registered:

  1. the Establishment's name and, if applicable, any other name under which the Establishment carries on business;
  2. its address;
  3. its telephone number;
  4. an itemized list of the prices of the goods or services ordered;
  5. the price of each item or service ordered, and any applicable fees and taxes;
  6. the total amount to be paid by the consumer in connection with the order;
  7. the date of the order;
  8. the place and time of delivery;
  9. reference to these Terms of Use, indicating the terms and conditions of cancellation, return, exchange or reimbursement;
  10. all other restrictions or conditions applicable to the order.

7. FEES AND SERVICES

All prices for goods and services offered by the Establishments are quoted in Canadian Dollars. Each consumer is responsible for paying the price of all goods and services ordered using his or her User account, including all applicable taxes.

8. PAYMENT

Each consumer irrevocably and expressly authorizes Benny&Co to debit from, or to credit to, as the case may be, the account identified by the consumer at the time the order is made the amount payable in respect of the order made or any adjustments to payments.

Any payments made between by a consumer to an Establishment not using the Platform are not subject to these Terms of Use. Any order or payment made by a consumer that gives rise to a complaint must be dealt with between the consumer and the Establishment by telephone in accordance with these Terms of Use.

9. TYPOGRAPHICAL ERRORS

In the event that a product is mistakenly listed at an incorrect price, Benny&Co reserves the right to refuse or cancel any orders placed by a consumer for any goods or services listed at an incorrect price. The User acknowledges and agrees that Benny&Co is not responsible for typographical or photographical errors or any damage or inconvenience caused by such errors. If your account has already been charged for the purchase and your order is cancelled or refused, Benny&Co may reimburse the consumer by crediting the concerned amount to the account identified by the consumer when the order was placed.

10. COMPLAINTS AND/OR PAYMENT ADJUSTMENTS

Benny&Co's payment adjustment policy applies to all present or future errors relating to an order for delivery or takeout made by a consumer using the Platform. In case of any such error, the consumer must contact the concerned Establishment by telephone at the coordinates listed on the website www.benny-co.com and a representative of the Establishment may present the consumer with a selection of corrective measures, which may include exchange or delivery of the goods or services in question or reimbursement of the price of the order. As we strive to improve our goods and services, your comments are important to us. Your satisfaction is our top priority!

11. CLOSING YOUR ACCOUNT

You may terminate your User account at any time by making a request to Benny&Co. Even in the event of termination of your User account, these Terms of Use shall continue to apply.

12. PROHIBITED CONTENT AND/OR ACTIVITY

The User acknowledges and agrees that Benny&Co may take any action in its sole discretion against anyone who infringes the rights of any person, including without limitation, removing the offending content from the Platform or terminating the User account of any User.

In addition, the User agrees not to:

  1. circumvent, modify, delete, disable or interfere with any security technology or software that is part of this Platform;
  2. collect electronic addresses (including email addresses), passwords or other personal information of other Users of the Platform by any means;
  3. disrupt the normal flow of dialogue on the Platform with an excessive amount of content (flooding attack) or otherwise negatively affect other Users' ability to use the Platform
  4. use the Platform in any manner that could interfere with the general use of the Platform;
  5. transmit junk mail or spam;
  6. impersonate another User or falsely state or otherwise misrepresent your identity;
  7. use another User's User account without such User's authorization;
  8. transfer your Benny&Co User account to another person without Benny&Co's consent.

13. TRADEMARKS AND BUSINESS NAMES

Unless otherwise specified, all trade-marks or business names (collectively, the "Marks") which appear on this Platform are trade-marks or trade-names of J. Benny Inc. used under license by Benny&Co. You agree not to adopt, use or reproduce the Marks or any trade-marks or trade-names which might be confused with the Marks without the prior written, specific and express approval of Benny&Co.

14. EXCLUSION OF WARRANTY

Benny&Co and its affiliates make no warranty of any kind regarding this Platform, which is provided on an 'as is' basis. Benny&Co and its affiliates do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this Platform and Benny&Co and its affiliates expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular use and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Benny&Co and its affiliates make no warranty that this Platform, its servers or any e-mail sent from Benny&Co are free of viruses or other harmful components.

15. LIMITATION OF LIABILITY

Benny&Co shall not be liable for any damages resulting from or in connection with the use of this Platform.

16. VIOLATION OF TERMS AND INDEMNIFICATION

The User agrees to report any violations of these Terms of Use by sending written notice thereof by email to support@benny-co.com. Benny&Co's failure to act promptly with respect to a breach of the Terms of Use does not amount to a waiver of any right to claim indemnification for any damages arising from such breach or to act with respect to subsequent or similar breaches.

User agrees to indemnify and hold harmless Benny&Co against any claims or expenses relating to (i) breach of any of these Terms of Use by any person; (ii) the User's negligence or misconduct, or (iii) claims that User has infringed any right of a third party.

The User agrees to indemnify Benny&Co for any damage caused by the User to Benny&Co.

17. NO PARTNERSHIP OR AGENCY

The User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between the User and Benny&Co as a result of the use of the Platform.

18. PRIVACY

Benny&Co protects the personal information of the consumers who use this Platform and has implemented a personal information protection policy. Benny&Co encourages you to carefully read it. The User expressly consents to the collection, use, communication and retention by Benny&Co of its personal information and all other information disclosed by it to Benny&Co (and which it may disclose in the future) pursuant to the terms of that policy.

19. MISCELLANEOUS

These Terms of Use shall be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. These Terms of Use constitute the entire agreement between you and Benny&Co and govern your use of the Platform, superseding any prior agreements that you may have with us.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

20. ACKNOWLEDGEMENT

By your use of this Platform, you acknowledge and agree that you have read, understood and agreed to abide by these Terms of Use.

21. CONTACT US

If you would like to request additional information regarding these Terms of Use, please contact us at support@benny-co.com.