Effective: Aug 3, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE CALLESC SERVICES. THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CALLESC. (“CALLESC”,“WE”,“US”, OR “OUR”) THAT GOVERN YOUR ACCESS AND USE OF CALLESC SITES. PLEASE DO NOT USE CALLESC SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
Your access to and use of our platform for providing (Callesc Delivery), reviews (Callesc Reviews), errand services (Callesc Rush), and e-commerce and marketing services (referred to collectively with the Callesc Sites and the Callesc App, as the “Callesc Services”) are subject to these Terms and our Privacy Policy. Please make sure that you have carefully read and understand these Terms and our Privacy Policy before you use our Services. By using Callesc Services, you accept the terms and conditions of these Terms, as well as our privacy practices described in our Privacy Policy. If you do not agree with any term of these Terms and our Privacy Policy, you must not use or access our Services. As used in these Terms, “you” means any visitor, user, or other person who accesses Callesc Services, whether or not such person registered for a User Account.
We operate the following online services:
https://Callesc.ca/en/ - Callesc’s Official Website; https://Callesc .ca/Delivery - Callesc Delivery’s Official Website (both are collectively referred to as the “Callesc Sites”), and https://wechat.Callesc.ca - Callesc Delivery’s downloadable mobile application (the “Callesc App”).
IMPORTANT: YOU ACKNOWLEDGE AND AGREE THAT YOU AND CALLESC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST CALLESC. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1.AMENDMENTS. Callesc reserves the right to amend these Terms at any time, effective upon posting of an amended version of these Terms of Use through the Callesc App Services. If you do not agree to the amended Terms, you must discontinue the use of our Services.
2.CALLESC SERVICES.
a.Callesc Services allows you to purchase products offered by services of such products for such products by us.
b.The information about their products on the Callesc App, including information on menus and product prices. If you have allergies or other dietary restrictions, please let us know when completing on Order in a space dedicated for this. The sale products services may be subject to additional terms and conditions which will be indicated on the Order. When selecting products and services that you wish to purchase from the website, you make a binding order to purchase the products and services from the terms and conditions presented to you on the Callesc App before placing the order (the “Order”). After having received the Order, Callesc will transmit the details.
c.You understand and agree that Callesc provides a technology platform connecting you with the and you acknowledge that Callesc does not itself has no responsibility or liability for the acts or omissions.
3.ADDITIONAL TERMS AND POLICIES. By using the Callesc Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy which is incorporated in this Agreement by reference. Certain features of the Callesc Services may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.
4.THIRD PARTIES.
a.THIRD-PARTY SERVICES. CALLESC 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 CALLESC SERVICES OR IN RESPECT TO ANY CALLESC SITE THAT CAN BE REACHED FROM A LINK ON THE CALLESC SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THEREIN, AND CALLESC SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. CALLESC WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ANY INFORMATION AVAILABLE ON THE CALLESC SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON OUR SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ANY KIND OF ADVICE, INCLUDING, BUT NOT LIMITED TO LEGAL, INVESTMENT, TAX, ACCOUNTING OR FINANCIAL ADVICE.
b.You acknowledge and agree that the availability of the Callesc App is dependent on the third party from which you received the application license, such as the Apple iPhone or Android app stores, or Wechat (“Third Party App Provider”). You acknowledge and agree that this Agreement is between you and Callesc and not with the Third Party App Provider. Callesc, not the Third Party App Provider, is solely responsible for the Callesc Services, including the Callesc App and the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the Callesc App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the Third Party App Provider in connection with the Callesc App or the Callesc Services. You agree to comply with, and your license to use the Callesc App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the Third-Party App Provider’s terms and policies) when using the Callesc App.
5.USER ACCOUNTS.
a.In order to use the Callesc Services you must create a user account pursuant to the registration process outlined (a “User Account“). You represent and warrant that all information supplied by you, including in connection with the User Account, is true, accurate, current, and complete.
b.You shall ensure that any User Account credentials, and equivalent information required to access the User Account are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account. c.Callesc reserves the right to deny, disable or terminate, at any time, and its sole discretion, your request for an or use and access of a User Account. Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to you User Account, you shall immediately inform Callesc at feedback@Callesc.ca. You shall be responsible for any use of the Callesc Service and any activity under your user account.
d.In order to use the Callesc Service, you must submit valid credit card or other payment method information to Callesc. We do not store information of your payment instrument, as this is done by a third party payment service provider used by us. You agree to pay for all purchases arising from your use of the Callesc Service. You must keep the credit card and other payment information that you have submitted to the User Account updated.
6.USER BEHAVIOUR. You agree to use the Callesc Service in a courteous and co-operative manner, and so as to not abuse the Callesc Service. You agree that You will not use the Callesc Services, the Callesc Sites, and the Callesc App so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business, or reputation of others. Without limiting the generality of the foregoing, You also agree not to do any of the following: (a) Upload, post, email or otherwise transmit or use any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) Harm minors in any way; or (c) Harass or defame any person or entity, including, but not limited to, a Callesc officer, director, employee, agents or you or falsely state or otherwise misrepresent Your affiliation with a person or entity.
7.TIME ESTIMATES. Any delivery time or pick-up time or other time estimate communicated to you by the Callesc on the Callesc Services are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by uncontrollable factors such as traffic jams, rush hours, weather conditions, and et cetera.
8.OWNERSHIP. Callesc alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Callesc Services, the Callesc Sites and the Callesc App. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Callesc Services, the Callesc Sites and the Callesc App, or any intellectual property rights owned by Callesc. The Callesc name, the Callesc logo, and names and logos associated with the Callesc Services, the Callesc Sites and the Callesc App are trademarks of Callesc, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Callesc Services, the Callesc Sites, and the Callesc App.
9.RATINGS AND REVIEWS; FEEDBACK. You agree that any submission of any ideas, suggestions, or proposals to Callesc through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Callesc has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Callesc a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
10.PAYMENTS.
a.You understand that: (a) the prices for menu items displayed through the Callesc Services may differ from the prices offered or published by the for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) Callesc has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) Callesc reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes, including goods and services/harmonized sales taxes, on the Callesc Services provided under these Terms (other than taxes based on Callesc’s income).
b.Charges paid by you for completed and delivered orders are final and non-refundable. Callesc has no obligation to provide refunds or credits, but may grant them, in each case in Callesc’s sole discretion. Your charges will be process by using the preferred payment method as per your designation in your User Account.
c.All charges are due immediately and payment will be facilitated by us using the preferred payment method designated in the User Account, after we will send you a receipt by email.
11.INDEMNIFICATION. You agree to indemnify and hold harmless Callesc and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your use of the User Account; (b) your misuse of the Callesc Services, the Callesc Sites (c) your breach of these Terms or any representation, warranty, condition or covenant in these Terms; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Callesc Services, the Callesc Sites and the Callesc App. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and attorneys’ fees incurred by the Indemnified Party. Callesc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Callesc in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Callesc Services, the Callesc Sites, and the Callesc App. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Callesc Services, the Callesc Sites, and the Callesc App.
12.RELEASE. Without limiting anything set in these Terms, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy, or any use by you of the Callesc Services.
13.GOVERNING LAWS. These Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Callesc Services and the Callesc App, notwithstanding your domicile, residency, or physical location. The Callesc Services are intended for use only in jurisdictions where they may lawfully be offered for uses restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Callesc Services, the Callesc Sites, and the Callesc App. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights in any appropriate jurisdiction.
14.DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE CALLESC SERVICES, CALLESC SITES AND THE CALLESC APP, IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES, CALLESC SERVICES, CALLESC SITES AND THE CALLESC APP, AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. CALLESC SERVICES, CALLESC SITES AND THE CALLESC APP ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. CALLESC MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH CALLESC SERVICES, CALLESC SITES AND THE CALLESC APP, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. CALLESC DOES NOT WARRANT THAT THE CALLESC SERVICES, CALLESC SITES AND THE CALLESC APP, WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE.
15.LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW CALLESC’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO CALLESC IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CALLESC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE).
16.FORCE MAJEURE. CALLESC WILL NOT BE ELIABLE TO YOU FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS FOR THE PERIOD THAT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND CALLESC’S REASONABLE CONTROL, INCLUDING ACTS OF GOD, WAR, STRIKES OR LABOUR DISPUTES, EMBARFGOES, GOVERNMENT OREDRS OR ANY OTHER FORCE MAJEURE EVENT.
17.LANGAUGE. It is the express wish of the parties that these Terms and all related documents be drawn up in English.
18.MISCELLANEOUS. These Terms and our Privacy Policy, constitute the entire agreement between you and Callesc relating to the Callesc Services and all related activities. These Terms shall not be modified except by a new posting of these terms by Callesc pursuant to Section 1 above. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Callesc to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Callesc must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights granted hereunder, whether voluntarily, by operation of law, or otherwise without Callesc’s prior written consent. By using the Callesc Services, you agree that Callesc will send you emails to confirm transactions and otherwise administer the Callesc Services. Callesc may alter, suspend, or discontinue the Callesc Services at any time and for any reason or no reason, without notice. The Callesc Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Callesc may periodically add or update the information and materials on the Callesc Services without notice.