These terms and conditions relate to the use of the punchfastfood.ca website (the “Site”) and the mobile application (the “App” OR “Punch Fast Food App”) offered by Punch Fast Food Restaurants of Canada Limited (“Punch Fast Food”) (collectively the Site and the App are referred to as the “Application”, and the installation, access or use of the Application, any websites, mobile applications, email newsletters and subscriptions, and other digital properties on which these terms and conditions are posted or referenced are collectively referred to as the “Online Services”).
By downloading, installing, accessing or otherwise using the Online Services, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, you should not download, install, access or otherwise use the Online Services. These terms form a legal agreement between you and Punch Fast Food (the “Agreement”). This Agreement contains provisions that limit the liability of Punch Fast Food.
Obey the rules of the road: Whenever you use the Online Services, please obey the rules of the road. YOU MUST NOT USE THE ONLINE SERVICES WHILE DRIVING OR WHILE BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK.” You should only use the Online Services when it is lawful and safe to do so.
The Online Services may only be used by individuals aged thirteen (13) years or older.
License: Punch Fast Food grants you a personal, non-exclusive and non-transferable license to install and use the Application on devices you own or control pursuant to these Terms. The App is only licensed for use on devices owned or controlled by you that are running an operating system for which they were designed. You are entitled only to the limited use of the Online Services granted to you in these Terms. You will not take any action to interfere with Punch Fast Food and/or its licensor’s rights.
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.
You are NOT permitted to use the Online Services to:
Possible evidence of use of the Application for such purposes will be provided to law enforcement authorities.
Security: You are responsible for your devices and account(s). You are responsible for using a unique password for each account associated with the Online Services, and for maintaining its strict confidentiality. You are not permitted to share access to your account(s) with any other person, and you are responsible for any activity under your account. If you become aware of any unauthorized access or use of your account or password or any other breach of security associated with the Online Services, you agree to immediately contact Punch Fast Food Guest Contact Centre to help us secure your account. You agree to provide accurate and keep up-to-date information associated with your account(s).
Compatibility & Usage Costs: You are responsible for any devices, software and services needed to use the Online Services. Punch Fast Food does not guarantee that the Online Services will fully function on any particular device or with any particular software. You are responsible for any messaging and data charges, fees and taxes associated with your use of the Online Services, including when your download or access the Online Services and when we communicate with you by text, email or other means that you choose.
Punch Fast Food and its independent franchisees are equal opportunity employers committed to diverse workforces. Behind our People Vision stands our absolute commitment to respect and recognize our people, to support their personal growth and education, to instill leadership and dedication, and to provide them with the best working environment possible. We continue to believe in and reaffirm our long-standing policy of providing fair and equal opportunities for all employees and prospective employees. If you are selected as part of the selection process and you require an accommodation, we shall provide or arrange for the provision of a suitable accommodation in a manner that takes into account your needs due to disability.
Online Services may provide links to job opportunities posted by corporately owned or franchised restaurants on third party sites. These opportunities are specific to a particular restaurant and employer. This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters. Punch Fast Food and its parent company do not control whether you receive an interview or are hired at a franchised restaurant. Punch Fast Food and its parent company also do not control franchisees’ employment policies and practices. Neither Punch Fast Food nor its parent company employs independent franchisees. If you are hired by a franchised restaurant, only that franchisee, and not Punch Fast Food or its parent company, is your employer.
You can choose how we communicate with you
You have the choice to receive communications from Punch Fast Food through email, text messages and/or push notifications. You can change your communication preferences at any time:
Email: You can unsubscribe from our email messages by clicking the “unsubscribe” link at the bottom of each message. If you choose to unsubscribe from our email messages, be aware that you may still receive certain important notices (e.g. contest prize-related communications, account-related and transactional messages).
Changing your preferences for one channel does not change them for other channels. If you have any questions about how to manage your communications preferences, you can contact Punch Fast Food Guest Contact Centre by calling 306-986-7160 seven days a week from 8:30am to 8:30pm ET or visit Contact Us (punchfastfood.ca/contact-us).
Please note that if you are receiving communications from a Punch Fast Food franchisee, then you will need to opt-out from them directly.
We may offer our guests a convenient way to place orders for our products from wherever they have internet access, in areas and on technology platforms where this service is available. This section applies to orders you place using the Online Services.
Independent businesses own and operate many restaurants: While Punch Fast Food operates and controls the Online Services, we are not responsible for the operation of most restaurants. Most restaurants are instead owned and operated by independent franchisees of Punch Fast Food. Each restaurant is solely and independently responsible for its legal and regulatory compliance, including for any issues relating to the supply of products to you. Not all restaurants may choose to make their products available via online ordering.
You may receive offers through the Online Services. The following general terms apply to offers: (1) the offer may only be available through that particular Online Service and for the product shown, subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) unless otherwise stated, only one offer can be redeemed per transaction; (5) offers are not transferable; and (6) there is no cash alternative. In addition, there may be specific terms that apply to the offer that are not stated in these Terms, but are stated as part of the offer itself. Not all offers may be combined with orders.
Unless described otherwise, the Online Services are made available only to provide information about Punch Fast Food and its products and services in Canada. Punch Fast Food controls and operates the Online Services and makes no representation that these materials are appropriate or available for use in other locations. If you use the Online Service from other locations, you are responsible for compliance with applicable local laws. Some software from the 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 Online Services, 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.
These Terms are governed by the laws in effect in the Canadian jurisdiction in which you reside. If you do not reside in a Canadian jurisdiction, these Terms will be governed by whichever of the follow applies first:
(1) the laws in effect in the Canadian jurisdiction in which you
(i) placed an order through the Online Services, or
(ii) created your account through the Online Services, or
(iii) entered a contest through the Online Services, or if none of the above apply,
(2) the laws in effect in the Province of Saskatchewan.
THE ONLINE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PUNCH FAST FOOD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OF THE ONLINE SERVICES’ CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. PUNCH FAST FOOD MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE ONLINE SERVICES AND ANY MATERIALS THEREIN ARE PROVIDED “AS IS”, ON AN “AS AVAILABLE BASIS”, AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WITH RESPECT TO THE ONLINE SERVICES, PUNCH FAST FOOD DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE ONLINE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES, APPS OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE ONLINE SERVICES.
PUNCH FAST FOOD DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE ONLINE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUNCH FAST FOOD 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 ONLINE SERVICES. YOUR SOLE REMEDY AGAINST PUNCH FAST FOOD FOR DISSATISFACTION WITH THE ONLINE SERVICES OR ANY CONTENT IS TO STOP USING THE ONLINE SERVICES OR ANY SUCH CONTENT.
PUNCH FAST FOOD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. PUNCH FAST FOOD 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 ONLINE SERVICES, EVEN IF THERE IS NEGLIGENCE ON THE PART OF PUNCH FAST FOOD OR ITS AFFILIATES OR WHETHER AN AUTHORIZED PUNCH FAST FOOD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. YOUR SOLE REMEDY AGAINST PUNCH FAST FOOD TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL BE FOR YOU TO CEASE USING THE APPLICATION OR ANY SUCH CONTENT. PUNCH FAST FOOD LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS ARE RESERVED. 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, INCLUDING IF YOU RESIDE IN THE PROVINCE OF QUÉBEC.
The Online Services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “Third-Party Services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. PUNCH FAST FOOD is not responsible for, and has no control over, the content of such downloadable materials or external sites and does not endorse and is not associated with any of these Third-Party Services. You understand and agree that PUNCH FAST FOOD cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Application, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
Punch Fast Food may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the Online Services. You may terminate these Terms at any time for any reason without notice to Punch Fast Food by uninstalling the App(s) from your device(s) and ceasing to use our Site.
NEITHER PUNCH FAST FOOD NOR ANY OTHER MEMBERS OF THE PUNCH FAST FOOD SYSTEM HAVE ANY RESPONSIBILITY FOR PUNCH FAST FOOD FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND PUNCH FAST FOOD REASONABLE CONTROL. If such an event occurs, then Punch Fast Food obligations under these Terms will be suspended for the duration of the event and Punch Fast Food may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these Terms may be performed despite the event.
These Terms including any supplements and updates is the entire agreement between the parties relating to the use of the Online Services.
Punch Fast Food may revise these Terms at any time and at its sole discretion by changing these Terms within the Online Services. It is your responsibility to check these Terms periodically for changes. Continuing to access or use the Online Services following such changes to the Terms will constitute acceptance of such changes.
Punch Fast Food intellectual property ownership: Any and all rights in the Online Services are and shall remain the exclusive property of Punch Fast Food or its licensors. For purposes of clarity, “Online Services” includes the Application and any and all content on the Application and on the Online Services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the Online Services. The Online Services are licensed, not sold, to you. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Punch Fast Food or its licensors’ rights.
Your license to use the Online Services: Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Online Services solely for your own personal, non-commercial purposes and solely in accordance with these Terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Punch Fast Food reserves all other rights.
Trademark information: Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Online Services, are distinctive and protected trademarks (registered and unregistered) or trade dress of Punch Fast Food or its licensors. The Online Services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
The following trademarks used in the Online Services are owned by Punch Fast Food Corporation and its affiliates:
Punch Fast Food
All other trademarks used within the Online Services are the properties of their respective owners.
Each of the terms and conditions in these Terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If Punch Fast Food fails to insist that you perform any of your obligations under these Terms, or if Punch Fast Food does not enforce its rights against you, or delays in doing so, that will not mean that Punch Fast Food has waived its rights against you and will not mean that you do not have to comply with those obligations.
Punch Fast Food may transfer its rights and obligations under these Terms to another organization or entity, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if Punch Fast Food agrees in writing.
If you have any questions or comments regarding the Online Services, please contact Punch Fast Food Guest Contact Centre using (punchfastfood.ca/contact-us), seven (7) days a week, from 8:30am to 8:30pm ET or visit Contact Us (punchfastfood.ca/contact-us).
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