Terms of Service
Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. The Terms of Service constitute a legal agreement between you and PJ's Cuisine Limited and its affiliated companies (collectively, “PJ'S CUISINE,” “WE,” “US,” OR “OUR”).
PJ's
Cuisine through it's OrderAhead platform, provides an online
marketplace, using web-based technology that connects you and other
members of the school communities with our core business of
concessionaire service. Our software permits consumers to place orders
for food and/or other goods from our various locations (the "Platform").
Once such orders are made, the Platform notifies the specific facility
location to facilitate completion, delivery or pick-up of the order.
If you access any of our websites located at https://www.pjscuisine.com and
any subdomains used in connection with or related to the same or access
any information, function, or service available or enabled by PJ's
Cuisine (each, a "Service" and collectively, the "Services"), or
complete our User Account registration process, you, your heirs, assigns
and successors (collectively, "you" or "your") hereby agree to be bound
by these Terms of Service. If you do not accept these Terms of Service,
then you may not access or use the Platform or Services or any of their
content or Services.
Rules and Prohibitions
By using the Platform or the Services, you agree that:
(1)
You will only use the Services for lawful purposes; you will not use
the Services for sending or storing any unlawful material or for
deceptive for fraudulent purposes; and you will not engage in conduct
that harms others Users, our employees, or our communities.
(2) You will only access the Services using means explicitly authorized by PJ's Cuisine.
(3)
You will not use another User's Account, impersonate any person, or
entity, or use another person's payment details or forge or manipulate
headers or identifies to disguise the origin of any content transmitted
through the Services.
(4) You will not use the Services to cause nuisance, annoyance or inconvenience.
(5)
You will not copy or distribute the Platform or any content displayed
through the Services, including menu content, reviews, prices for
republication in any format or media.
(6)
You will not compile, directly or indirectly, any content displayed
through the Services except for your personal, noncommercial use.
(7)
You will use the Platform and the Services only for your own use and
will not directly or indirectly resell, license or transfer the
Platform, the Services or content displayed by the Services to a third
party.
(8) You will not
use the Services in any way that could damage, disable, overburden or
impair any servers or networks associated with the Platform.
(9)
You will not attempt to gain unauthorized access to the Services and/or
to any User Account, resource, computer system, and/or network
connected to the Platform.
(10)
You will not probe, scan or test the vulnerability of any system or
network or breach or circumvent any security or authentication measures
the Platform may use to prevent or restrict access to the Services or
use of the Services or the content therein.
(11)
You will report any errors, bugs, unauthorized access methodologies or
any breach that you uncover in your use of the Services.
(12) You will not attempt to undertake any of the foregoing.
User Account
In
order to use the Services you will be required to create and maintain a
User Account. You represent and warrant that all information supplied
by you on the Platform (including information provided by you to create
an account for use of the Platform or in connection with your use of the
Services) is true, accurate, current and complete.
Any
User Account must be kept secure and you agree that you will not share
or disclose your User Account credentials with anyone. No members or
associate of PJ's Cuisine will be liable for any loss or damage arising
from your failure to safeguarding your User Account, use a strong
password or limit its use to your User Account.
PJ's
Cuisine reserves the right to deny your request for a User Account and
to disable or terminate access to any User Account issued to you at any
time in our sole discretion. If we disable access to a User Account
issued to you, you will be prevented from accessing the Platform or the
Services, your User Account details, orders or other information that is
associated with your User Account.
We
may suspend or terminate your ability to access the Platform, or cease
providing you with all or part of the Services at any time for any or no
reason, including, if we believe: (i) you may have violated these Terms
of Service, (ii) you may create a risk or possible legal exposure for
us; (iii) prolonged inactivity; or (iv) our provision of the Services to
you is no longer commercially viable. Suspension or termination may
also include removal of some or all of the materials uploaded by you. We
may make reasonable efforts to notify you by the email address
associated with your account, or the next time you attempt to access
your account, depending on the circumstances. You acknowledge and agree
that all suspensions or terminations may be made by PJ's Cuisine in its
sole discretion and that no members of PJ's Cuisine will be liable to
you or any third-party for any suspension or termination of your access
or for the removal of any of the materials uploaded by you to the
Platform. Any suspension or termination of this agreement by PJ's
Cuisine will be in addition to any and all other rights and remedies
that PJ's Cuisine may have.
You
may request the deletion of your account by requesting (by email) that
your User Account be deleted, ceasing use of the Platform, the Services
and uninstalling and removing all local software components thereof, if
any. If you request deletion of your User Account, we may disable your
User Account but keep the disabled User Account for fraud prevention or
other lawful purposes. If we have received all outstanding payment from
you, you may request termination these Terms of Service at any time by
requesting by email that your User Account be deleted. We may terminate
these Terms of Service at any time by giving notice to you, at our
discretion, by email at your current email address on file with us or
through the Platform.
Placing Orders
Once
you have created your User Account on the Platform you may select
products from our menu, choose your desired quantities, and then add
them to your cart. Your cart may be edited at any time prior to placing
an order. Once you have made your selection, you may proceed to
checkout. At this time you will have the opportunity to review your cart
items and indicate your payment method. You are responsible to
ensure that all of your order details and other information is current,
complete and accurate before confirming your order. Once you confirm
your order, you will be charged and you will not be entitled to change
or cancel your order and you will not be entitled to a refund.
Notwithstanding, if you wish to amend or cancel your order for a total
or partial refund of your order's price, you must visit the location
prior to your pick-up time.
If
you select a payment method using a credit, debit or stored value card,
there is the possibility that the processing of the payment will not be authorised in
real-time. In these cases your order may still be accepted by our
Platform and further attempts will be made to receive the authorisation
from your bank or card issuer. In the event that successive attempts
have also failed you will be notified, your order status updated
accordingly and the order may be cancelled.
You agree that PJ's Cuisine will have no liability to you for orders that are not confirmed, are cancelled or unfulfilled.
Payment Processing Services
Payment
processing services of the Platform are provided by payment services
providers as PJ's Cuisine may choose from time to time (collectively
referred to as the "Payment Processing Services Provider"). You hereby
authorize PJ's Cuisine to share with the Payment Processing Services
Provider that financial information, banking details and transaction
information related to your use of the payment processing services and
the Services. You also agree that PJ's Cuisine is not responsible for
the use or misuse of such financial information, banking details and
transaction information by the Payment Processing Services Providers or
any third party.
Product Availability, Price and Payment
PJ's
Cuisine reserves the right, without prior notice and without incurring
any obligations, to discontinue or change the specifications of any
products or services offered on our websites.
All
prices displayed on our websites are in Jamaican Dollars and are valid
and effective only at the location specified. Prices may not include
applicable taxes, charges or fees. Taxes, charges or fees may be added
at checkout and will be payable by you along with the order price.
Payment
for orders must be made with an acceptable credit, debit or stored
value card through the Platform or in certain circumstances may be made
by cash directly to the selected location. If you choose a cash payment
method, you must pay at the specific location, as applicable and are
liable for failure to do so.
For
payment method by card, you will be charged at the time of placing you
order. PJ's Cuisine uses Payment Processing Services Provider to effect
charges onto your credit, debit or stored value card. You consent to the
collection and use of your information (including, if applicable
personal information) by such payment processing services as necessary
to process your payments. We reserve the right to change, or to stop
accepting, any permitted payment method at any time in our sole
discretion. You agree we may charge your payment card for any order
placed and for any additional amount (including any taxes) as may be
applicable in connection with your purchase.
PJ's
Cuisine is under no obligation to fulfill your order at the incorrect
price. Prices at the physical location and on our websites may be
different. Any such differences will not entitle you to a refund or a
reduction in price of your order.
Product prices, charges and any other fees are subject to change at any time and at our discretion.
Pick-Up or Delivery Time
You
may have the ability to choose a desired time for when the Pick-Up
or Delivery order will be ready; these times are only an estimate and
PJ's Cuisine offers no guarantee that these times will be achieved. PJ's
Cuisine is not responsible for any delays in receiving or having your
order ready for any reason. You should arrive at the designated pick-up
area at the time provided and PJ's Cuisine are under no obligation to
remake or refund our orders if you do not arrive when indicated.
Advertisements and Promotions
Periodically,
we may display advertisements and promotions from third parties on our
websites or may otherwise provide information about or links to third
party products or services. Your correspondence with, or participation
in promotions from, such third parties, and any terms, warranties or
representations associated with such dealings or promotions, are solely
between you and such third party. We are not responsible or liable for
any loss or damage of any sort incurred as a result of such dealings or
promotions or as a result of this presence of such third part
information on our websites.
Additional Terms and Policies
By
using the Services, you acknowledge and agree to the collection, use
and disclosure of your personal information in accordance with our
Privacy Policy, which is incorporated in this Terms of Service by
reference. Certain features of our Services may be subject to additional
terms and conditions, which are incorporated herein by reference.
Modifications
We
reserve the right to modify or discontinue, temporarily or permanently,
the Services or any features or portions thereof without prior notice.
You agree that PJ's Cuisine Limited will not be liable for any
modification, suspension or discontinuance of the Services or any part
thereof.
Indemnification
You agree to indemnify, defend and hold harmless PJ's Cuisine, and its officers, directors, employees, contractors, agents, licensors and
service providers from and against any losses, claims, actions,
damages, costs, liabilities, fines and expense (including, but not
limited to, reasonable attorneys' or legal fees) arising out of or
related to:
(a) your use of the Services;
(b) your misuse of the Platform or Services;
(c) your violation of these Terms of Service or any documents referenced herein;
(d) your violation of any rights of a third party or any applicable laws.
Limitation of Liability
PJ's
Cuisine will not be liable for any damages or injury caused by or
arising out of your use of the Platform, including but not limited to,
any failure of performance, error, omission, interruption, defect, delay
in operations of transmission, computer virus, or line failures. PJ's
Cuisine will not be liable for any direct, indirect, punitive,
consequential, or special damages that result from the use of, or the
inability to use, the contents or materials on the Platform, even if we
are negligent or have been advised of the possibility of
such damages, nor will PJ's Cuisine be held liable for delay or failure
in performance resulting from causes beyond its reasonable control.
PJ's Cuisine's total liability for any loss, damages or cause of action
(including contract, tort, strict, liability, etc.) shall not exceed the
amount paid by you to access this site.
These disclaimers and limitations do not limit liability that cannot be excluded under the law.