Terms of Service

Terms of Service

Last Updated: November 20, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and lojix ("Company," "we," "us," or "our") concerning your access to and use of our restaurant ordering and management platform, including our website, mobile applications, kiosk systems, admin panel, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

  • "Customer" refers to individuals who use our platform to order food
  • "Restaurant Partner" refers to restaurants using our management platform
  • "User" refers to any person accessing our Services
  • "Content" refers to all information, data, text, images, and materials on our platform
  • "Order" refers to a food order placed through our Services

3. Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or guardian. By using our Services, you represent and warrant that:

  • You meet the age requirements
  • You have the legal capacity to enter into these Terms
  • You will provide accurate and complete information
  • You will comply with all applicable laws and regulations

4. Account Registration

4.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion.

5. Orders and Payments

5.1 Placing Orders

When you place an order through our Services:

  • You make an offer to purchase items at the listed prices
  • We or the Restaurant Partner may accept or reject your order
  • Order confirmation does not guarantee acceptance
  • Prices are subject to change without notice
  • We reserve the right to limit quantities

5.2 Payment

  • Payment is due at the time of order placement
  • We accept major credit cards, debit cards, and other specified payment methods
  • You authorize us to charge your payment method for all orders
  • All payments are processed securely through third-party payment processors
  • You are responsible for all applicable taxes and fees

5.3 Pricing

All prices are in the local currency and include applicable taxes unless otherwise stated. We strive to provide accurate pricing but errors may occur. We reserve the right to correct pricing errors and cancel orders placed at incorrect prices.

6. Cancellations and Refunds

6.1 Order Cancellation

You may cancel an order before it is accepted by the Restaurant Partner. Once accepted, cancellation is subject to the Restaurant Partner's policy. Cancellation fees may apply.

6.2 Refunds

Refunds are issued at our discretion and subject to the following:

  • Order not fulfilled by Restaurant Partner
  • Incorrect or damaged items received
  • Significant delay in delivery or preparation
  • Technical errors resulting in duplicate charges

Refunds are processed within 5-10 business days to the original payment method.

7. User Conduct

You agree NOT to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful code, viruses, or malware
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our Services
  • Use automated systems (bots, scrapers) without permission
  • Impersonate others or provide false information
  • Harass, abuse, or harm other users or Restaurant Partners
  • Use our Services for fraudulent purposes
  • Reverse engineer or decompile our software

8. Intellectual Property Rights

8.1 Our Content

All content on our Services, including text, graphics, logos, images, software, and design, is owned by lojix or our licensors and protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not include:

  • Resale or commercial use of our Services
  • Downloading or copying content (except as permitted)
  • Use of data mining or similar tools
  • Any derivative use of our Services

8.3 User Content

By submitting content (reviews, photos, feedback), you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute your content in connection with our Services.

9. Restaurant Partner Terms

Restaurant Partners using our admin panel and management tools agree to:

  • Provide accurate menu information and pricing
  • Fulfill orders in a timely manner
  • Maintain food safety and quality standards
  • Comply with all applicable health and safety regulations
  • Pay applicable service fees and commissions
  • Respond to customer inquiries and complaints
  • Maintain necessary licenses and permits

10. Third-Party Services

Our Services may integrate with third-party services (payment processors, delivery services, analytics providers). We are not responsible for:

  • The availability or accuracy of third-party services
  • Third-party content or practices
  • Any transactions with third parties

Your use of third-party services is subject to their terms and conditions.

11. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding accuracy, reliability, or availability
  • Warranties that the Services will be uninterrupted or error-free

We do not guarantee the quality, safety, or legality of items ordered through our Services. Restaurant Partners are solely responsible for food preparation and safety.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, lojix SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Food quality, safety, or preparation issues
  • Delivery delays or errors
  • Unauthorized access to your account
  • Third-party actions or services

Our total liability shall not exceed the amount you paid for the specific order or service giving rise to the claim, or $100, whichever is less.

13. Indemnification

You agree to indemnify, defend, and hold harmless lojix, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content or conduct

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

14.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules. You waive the right to participate in class actions or class arbitrations.

14.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where lojix is registered, without regard to conflict of law principles.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Continued use of our Services after changes constitutes acceptance of the modified Terms.

16. Termination

We may terminate or suspend your access to our Services immediately, without prior notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Requests by law enforcement
  • Extended periods of inactivity
  • Any other reason at our sole discretion

Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and lojix concerning the Services.

19. Contact Information

For questions about these Terms, please contact us:

Email: [email protected]

Support: [email protected]

Website: www.lojix.ca