Please Read the Following Terms and Conditions Carefully
THESE TERMS AND CONDITIONS RELATE TO THE USE OF THE TOPOLSANDWICH.COM AND TOPOLSANDWICH.CA WEBSITE (THE “SITE”) AND THE MOBILE APPLICATION (THE “MOBILE APPLICATION”) OF TOPOL RESTAURANTS OF CANADA LIMITED (“TOPOL”), INCLUDING ANY CONTENT THEREIN (COLLECTIVELY THE SITE AND THE MOBILE APPLICATION SHALL HEREINAFTER BE REFERRED TO AS THE “APPLICATION”):
- FOR IPHONE, IPAD AND OTHER DEVICES USING THE IPHONE OS (“APPLE APPLICATIONS”); AND
- FOR DEVICES USING ANOTHER OS (“OTHER APPLICATIONS”).
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE, YOU SHOULD NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE USE THE APPLICATION. IF YOU HAVE INSTALLED THE APPLICATION AND DO NOT AGREE TO THESE TERMS, THEN YOU MUST UNINSTALL THE APPLICATION IMMEDIATELY. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND TOPOL (“AGREEMENT”). THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF TOPOL.
Eligibility For Use
THE APPLICATION MUST ONLY BE USED BY INDIVIDUALS AGED THIRTEEN (13) YEARS OR OLDER. IF YOU ARE THIRTEEN (13) YEARS OR OLDER BUT UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN BEFORE PROCEEDING TO MAKE SURE YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THEM. SHOULD YOUR PARENT OR GUARDIAN NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION AND DISCONTINUE ITS USE. IF YOU ARE BETWEEN THE AGES OF 13 AND THE AGE OF MAJORITY YOU MAY ONLY USE THE APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.
License, Installation And Use Rights
It is your responsibility to ensure your device meets all the necessary technical specifications to enable you to access and use the Application. You are granted a personal, non-exclusive and non-transferable license to install and use the Application on mobile devices you personally own or control pursuant to these Terms. Apple Applications are only licensed for use on a device owned or controlled by you and using the Apple iPhone OS, so you must make sure that you use an appropriate device to access and use any Apple Application. Other Applications may only be used on a device owned or controlled by you running the OS for which the Other Application concerned was designed. You may not install or use the Application on a device you do not own or control. The Application is provided for lawful purposes only and is protected by intellectual property laws and treaties. Modification or use of the Application for any other purpose violates Topol intellectual property rights. The Application is licensed, not sold. Any and all rights in the Application are and shall remain the exclusive property of Topol and/or its licensors. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of the Application granted to you in these Terms. You will not take any action to jeopardize, limit or interfere with Topol and/or its licensor’s rights. Any costs associated with downloading, installing, accessing and using the Application remain your responsibility and are dependent on your mobile device service provider. You must not use the Application while sitting in the driver’s seat of a vehicle (or other form of transport) that is moving or otherwise stationary but not in “park”. You must comply with all applicable rules and regulations before and while using the Application. In the interest of safety at all times, you should only use the Application when it is lawful and safe to do so.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity under your account. You agree to immediately notify Topol of any unauthorized use of your account or password or any other breach of security. You agree and are responsible to provide accurate information when providing your account details and to ensure account details are updated. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and to notify Topol when you desire to cancel your Account or unsubscribe from any electronic communications. Topol will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Restrictions On Use
You may not: decompile, reverse engineer, disassemble, otherwise convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert, the Application to a human perceivable form; make copies of the Application; distribute or republish, upload, post or transmit the Application in any way; resell, rent, lease or lend the Application; or transfer the Application or these Terms to any third party. If you download software from the Application, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by Topol or its licensor, as applicable.
You are NOT permitted to use the Application to:
- Gain unauthorized access to Topol , including but not limited to using this Application to interrupt, destroy or limit the functionality of the Application, Topol servers, and/or Topol networks;
- Engage in unlawful or illegal activity;
- Launch automated systems such as “robots”, “spiders”, etc.;
- Impersonate any person or misrepresent your identity; and/or
- Infringe the rights or threaten the safety of any person.
Possible evidence of use of this Application for such purposes will be provided to law enforcement authorities and is otherwise subject to production as required by law.
Restriction Of Liability
Topol and its affiliates will not be liable for any damages or injury caused by the use of, or the inability to use, the Application, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Topol and its affiliates will not be liable for any damages or injury, including but not limited to, indirect, special, incidental, exemplary or consequential damages that result from the use of, or the inability to use, the Application, even if there is negligence on Topol and its affiliates or whether an authorized Topol representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law does allow the limitation(s) or exclusion(s) of liability. Topol total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will be the lesser of (i) the amount you paid to use the Application, or (ii) if the Application was free, an all-inclusive sum of $100.00 CAD. Topol legal rights to recover damages or other compensation under these Terms are reserved.
Collection, Use And Disclosure Of Your Information
You agree that Topol may collect and use technical data about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates and support related to the Application.
For Topol to better meet your preferences, by using the Application, you agree and provide your consent that Topol and Topol third-party partners may collect, use, and transmit information you provide in using the Application, and other personally identifiable information gathered from your use of the Application or specifically provided by you in your use of the Application through the registration of a Topol account or otherwise (“Personal Information”), to facilitate the improvement and provision of products, offers, promotions, other services or technologies, and advertising content.
You agree and consent to Topol and Topol third-party partners using your Personal Information to provide you with personalized products, offers, promotions, other services or technologies, and advertising content.
With your consent, we may collect location information through your use of the Application including location information collected through your mobile phone or device’s geolocation, GPS, Bluetooth, or similar capabilities (“Location Information”). The purpose of collecting Location Information is to identify restaurants that are closest to your immediate location and to effectively utilize Application features. We will only collect Location Information if you opt-in to receiving certain functionality of the Application (either during your initial app download, login or later) and by enabling these capabilities on your mobile device. Once opted-in, the Application will continue to collect Location Information until you close the Application (it will gather Location Information if it is running in the background) or you use your phone’s or other device’s setting to disable your mobile device’s geolocation, GPS, Bluetooth, or similar capabilities, or you use your phone’s or other device’s setting to prevent the Application from collecting Location Information. Topol considers Location Information to be Personal Information.
Application Use Information
When using the Application, information about how you are interacting and using the Application may be collected automatically (“Application Use Information”). To the extent that Application Use Information identifies you as an individual, Topol will consider it to be Personal Information.
Aggregated Personal Information
How you use our Application and attend our restaurants is important to us. We may therefore aggregate and compile Personal Information with information about other purchases you make in Topol restaurants and any other Personal Information you have consented to provide to us (“Aggregated Personal Information”).
Personal Information, Location Information, Application Use Information and Aggregated Personal Information (collectively referred to as “Authorized Information”) is used for such purposes as enhancing our Application’s functionality or features, responding to your requests and communications, conducting consumer research into consumer behaviours and/or interests, improving our services or products, providing you with information about special offers and promotions about our restaurants.
Topol may share Authorized Information with our affiliates, agents, business partners, franchisees and other third parties in the following ways:
- Topol may disclose Authorized Information about when you visit our restaurants, which products you view and share most frequently, and which parts of our restaurants are most frequently visited by you;
- Topol may disclose Authorized Information to perform certain business-related services and Topol will only provide the Authorized Information necessary for the business-related services to be completed.
- Topol may disclose Authorized Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Application or the public, or (iv) protect against legal liability.
Storing and transferring Information
Topol may store any information that we collect (Authorized or otherwise) in databases owned and maintained by us, our affiliates, suppliers, franchisees, agents or service providers. Such databases may be stored in Canada or in any other international location. By using our Application, you consent to the storage and transfer of your Authorized Information and any other information in the manner outlined above.
Limiting the Collection of Information
You can use the Application without providing any Personal Information. You can also restrict the Personal Information we collect by doing such things as logging out of or uninstalling the Application or turning off or preventing the Application from using your mobile device’s geolocation, Bluetooth, or similar capabilities. However, taking these actions may prevent you from using certain features or aspects of the Application.
Links To Other Websites
The Application may contain references, links or interactions with other websites not operated or controlled by us (“Third Party Sites”). The policies and procedures we describe here do not apply to Third Party Sites, and these sites may independently collect information about you. Topol assumes no responsibility or liability for the privacy and information collection policies of these third parties and we suggest contacting the providers of those sites directly for information on their privacy policies.
If you register for a Topol account using the Application, you will have an opportunity to opt-in to receive email communications from Topol that will provide you with special offers and/or promotions (“Email Communications”). In the event that you wish to opt-out from receiving Email Communications from Topol , you can "Press the “unsubscribe” link located in any Topol Email Communication and follow prompts"
Opting-out of Email Communications will not affect your settings with respect to Push Notifications within the Application.
Upon download of the Application, if you register and are signed-in to your account, you will be provided the option to opt-in to receive push notifications from Topol on your device and within the Application and to your provide Location Information. This may include promotional communications, offers and system messages pushed to the device or within the Application mailbox (“Push Notifications”). You may, at any time following the download of this Application, prevent the Application from collecting Location Information or you can opt-out of receiving Push Notifications by adjusting the Topol Notifications switch within your device’s settings. Preventing the Application from collecting Location Information or opting-out of Push Notifications will not affect your settings with respect to Email Communications within the Application.
Jurisdiction And Governing Law
Unless described otherwise, the Application is made available only to provide information about Topol . Topol controls and operates this Application and makes no representation that these materials are appropriate or available for use in other locations. If you use this Application from other locations you are responsible for compliance with applicable local laws. Some software from this Application may be subject to export controls imposed by Canada and/or the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which Canada or the U.S. has placed an embargo. If you download or use the Application, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. For residents of Canada outside of Quebec, these Terms and use of the Application are governed by the laws of the Province of Ontario and the laws of Canada, and in respect of any conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario. For residents of Quebec, these Terms and use of the Application are governed by the laws of the Province of Quebec and the laws of Canada, and in respect of any conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Quebec located in Montreal, Quebec.
The application may include technical inaccuracies or typographical errors. Topol may make changes or improvements at any time. The application and any materials therein are provided "As is", on an “as available basis”, and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Topol disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Topol does not warrant that the functions contained in the application will be uninterrupted or error-free, that defects will be corrected, or that the application or the server that makes it available are free of viruses or other harmful components. Topol does not warrant or make any representations regarding the use of or the result of the use of the application in terms of their correctness, accuracy, reliability, or otherwise. Topol disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the application. You (and not Topol ) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. You assume total responsibility for your use of the application and any linked sites. Your sole remedy against Topol for dissatisfaction with the application or any content is to stop using the application or any such content. This limitation of relief is a part of the bargain between the parties.
The Application may contain downloadable materials as well as links to external third party sites. Topol is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand and agree that Topol cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Application, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
Social Networking Service Login
The Application may also permit you to login to the Application using your existing login information from a social networking service, such as Facebook, Twitter, Google+ or other social networking platforms in place of creating a new login account specifically for the Application (“Third Party Services”). Topol has no control over, makes no representations or warranties whatsoever about any of the Third Party Services that you may access, is not responsible for the availability of such Third Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, from those third parties.
Topol may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the Application. You may terminate these Terms at any time for any reason without notice to Topol by uninstalling the Application from your device.
These Terms including any supplements and updates is the entire agreement between the parties relating to the use of the Application.
Topol may revise these Terms at any time and at its sole discretion by changing these Terms within the Application. It is your responsibility to check these Terms periodically for changes. By continuing to access or use of the Application following such changes to the Terms will constitute acceptance of such changes.
Trademark And Copyright Information
The trademarks, logos and artwork used within the Application include the registered and unregistered trademarks and copyright of Topol Corporation and its affiliates.
Apple Applications Only
These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Terms therein (“Apple Terms”). If the Application that you access and use is an Apple Application:
- The Apple Application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone OS;
- You acknowledge and agree that:
• Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Topol, not Apple, using the above Support Services details;
• although these Terms are entered into between Topol and you (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you with respect to the Apple Terms;
• except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Apple Application are between you and Topol (and not between you, or anyone else, and Apple); and
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
- You represent and warrant that:
• you are not, and will not be, located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country; and
• you are not listed on any US Government list of prohibited or restricted parties; and
- If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple Terms and Conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
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