Thank you for using My Ideal Meal Inc. (collectively, “My Ideal Meal, “we” or “us”), a technology platform that connects, you, the User (collectively, “you”, “your”, “User”) with restaurants, cafés and other food service providers (collectively, “Participants”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
You must be age of majority in your jurisdiction or have your parents or legal guardians consent to use our Services.
You can review the most current version of the Terms of Service at any time at this page.
If you access any of our social media pages, these Terms are in addition to any terms and conditions governing such social media platforms.
My Ideal Meal is a technology platform that connects you with Participants, and through its Services, enables you, to: (i) view menu items and other information provided by the Participants regarding their locations, menu items and related nutritional information; (ii) track your food intake and calories; (iii) search for food items that will fit your profile and specific nutritional requirements and (iv) review information guides and relevant articles.
In accessing the Services you acknowledge that My Ideal Meal is not a food service provider, restaurant, delivery service, food preparation business, nutritionist or medical professional. You cannot purchase any products from Participants through the use of the Services.
My Ideal Meal reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, discontinue and update the Services at any time, including, without limitation, to
add, change or remove features and/or functionality and to suspend and/or deny access to the Services for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
Occasionally there may be information available through the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers and other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information related to the Services is inaccurate at any time without prior notice to you.
In order to access the Services, you will be required to register for and maintain one user account (“User Account”). You may only possess one User Account at any time. As part of the process to set up your User Account, you will be required to submit to My Ideal Meal personal information, such as your name, address, mobile phone number and age, dietary restrictions, food preferences and allergies. By setting up your User Account, you agree to maintain accurate, complete, and up-to-date information in your User Account. You are responsible to keep your User Account information, including your username and password secure and not sharing that information with anyone else. You are also responsible for keeping your devices secure, to prevent unauthorized use and access of any passwords and account information.
My Ideal Meal has the right to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof) if: (i) you provide, or My Ideal Meal has reasonable grounds to believe you have provided, inaccurate, incomplete information or information that is not current; (ii) you breach any of these Terms; or (iii) otherwise in accordance with these Terms or for any other reason.
As part of the Services, the User may have opportunities through the Services to interact with other Users and Participants including without limitation by submitting questions, comments, suggestions, product reviews or other information (the, “User Content”).
In submitting your User Content you: (i) acknowledge and agree that any User Content that you provide to My Ideal Meal is non-confidential and you grant My Ideal Meal a worldwide, perpetual, irrevocable, transferrable, royalty-free license to exploit, in any manner such User Content in all available formats without further notice or consent from you; (ii) agree that My Ideal Meal will be entitled use and disseminate User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iii) grant My Ideal Meal and those we work with the right to use, host, store, reproduce, modify, create derivative works (such as translations or adaptations), publicly perform, publicly display, and distribute User Content; and (iv) represent and warrant that: (a) you own and control all of the rights to the User Content that you submit, or that you otherwise have the right to submit such User Content in connection with the use of the Services; (b) the User Content is accurate and not misleading; and (c) the use and posting of the User Content will not violate any rights of or cause injury to any person or entity.
My Ideal Meal further reserves right in its sole discretion to investigate, delete, remove or disable access to any User Content, suspend or terminate your User Account at any time, or pursue any other remedy
or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason.
In accessing the Services, you further acknowledge that My Ideal Meal does not endorse, warrant or make any representations regarding any products or Participants and any third-party reviews posted by others do not represent the views of My Ideal Meal. My Ideal Meal takes no responsibility and assumes no liability for any comments posted by you or any third-party.
THIRD-PARTY PARTICIPANT SERVICES AND CONTENT
My Ideal Meal partners with Participants who provide information about their food products and available menu items, including ingredients, nutritional information, allergens, dietary requirements and other information required by My Ideal Meal to be provided, as amended from time to time. In addition, in accessing the Services, the User may be able to access websites and mobile applications of Participants and other third-parties, as well as links to advertisement of such parties that My Ideal Meal does not control. My Ideal Meal has no responsibility or liability for the acts or omissions of any Participant for any reason. My Ideal Meal facilitates the sharing of information between Participants and Users about products and services that are offered but does not guarantee the suitability, legality or accuracy of any information that is provided by a Participant through the Services, and is not responsible for the Participant’s food preparation or their food quality or any other matter pertaining to their business.
The terms and conditions of such Participants and other third-parties and content and their respective privacy policies may be different from those applicable to your use of our Services. Please govern yourself accordingly and satisfy yourself with respect to the terms and policies of such third-parties before accessing their products or services, which you do at your own risk.
SHARING YOUR DATA WITH PARTICIPANTS
My Ideal Meal works with Participants and provides them with information on your activity and dietary needs and habits to help them improve their products and services. In doing so, we do not share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. The type of information we share is as follows:
1. Analytic Services. We provide aggregated statistics and insights that help businesses understand how their customers are engaging with their listings, content and food items. For example, restaurants may receive information about the number of people or accounts who viewed their menu and specific menu items and the demographic of those people. 2. Advertisers. We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing.
All information and copy available through the use of the Services including but not limited to text, graphics and code is copyrighted, and the property of My Ideal Meal or its Participants. It is protected by Canadian and international copyright laws. ALL RIGHTS ARE RESERVED. You may use the Services solely
for your own use. Any and all other uses, including but not limited to the reproduction, distribution, display or transmission of the content of the Site, App or other Services or altering any of the information or materials, are strictly prohibited.
All trademarks, service marks and trade names provided in connection with the Services and other information and materials, are sole property of My Ideal Meal, its Participants or other third parties. You are prohibited from using any such marks for any purpose without the written permission of My Ideal Meal or such third party, which may own the marks. If you copy or download any information or content from the Site, App or other Services, you agree that you will not remove or obscure any copyright or trademark or other notices or legends contained in any such information.
You are prohibited from:(a) using the Services for any unlawful purpose or in any manner inconsistent with the rights granted herein; (b) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (c) submitting false or misleading information; (d) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or App or any related websites or mobile applications; (e) selling, licensing, sublicensing, distributing, leasing or otherwise transferring or allowing the transfer of any information or documentation provided to you in connection with your use of the Services to third parties; (f) permitting access to the Services to any third party or unauthorized user; or (g) for any reason that would violate these Terms. We reserve the right to terminate your use of the any of our Services for breach of this provision.
The Services are controlled and operated from Canada. If you access the Services from a location outside of Canada, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. My Ideal Meal makes no representation that materials on the Site or App are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
The Services may include suggestions and information related to weight loss management and caloric intake. My Ideal Meal is not a medical organization and cannot give you medical or dietary advice or diagnosis and nothing contained our website, mobile application, social media, advertisement or other marketing material, should be construed as providing you with weight loss advice or diagnosis. You should consult with your physician or other medical professional regarding any weight-loss regimen.
DISCLAIMER OF WARRANTIES
My Ideal Meal does not review, approve, verify, endorse, or make any other warranties or representations about the accuracy, reliability, completeness, or timeliness of the content made available through the Services or provided by the Participants or other third-parties, including without limitation, information related to the nutritional or ingredient components of the food items, dietary requirements, food safety or quality, the products, Participant offerings, the availability of such items, products or services, any
modification, price change, suspension or discontinuance of any product or service or the Participant’s compliance with applicable laws or regulations.
You use the Services at your own risk. Other than as may be expressly provided in writing by My Ideal Meal in connection with your use of the Services and to the fullest extent permitted by applicable law, My Ideal Meal does not provide any warranties, either express or implied, for any particular purpose and expressly disclaims all representations and warranties, including without limitation any implied warranties and conditions of merchantability, merchantable quality, non-infringement and fitness for a particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
My Ideal Meal does not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; or (c) any information obtained by you as a result of your use of the Services will be accurate or reliable. My Ideal Meal is not responsible for and disclaims all liability related to delays, delivery failures, or other damage resulting from matters outside of its control, including problems inherent in the use of the internet, mobile and personal computing devices and third party service providers.
WAIVER/RELEASE OF CLAIMS AND LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings which you have or may in the future have against My Ideal Meal and its affiliates and their respective officers, directors, shareholders, employees, contractors, suppliers and agents (the “Releasees”) and you, on your own behalf and on behalf of those for whom in law you are responsible, hereby release and forever discharge the Releasees from any and all claims and liability for or in respect of any personal injury, death, property damage, loss, cost or expense suffered or incurred as a result of or related to your use of the Services, due to any cause whatsoever including, but not limited to, negligence, wilful acts or omissions, breach of contract or breach of any statutory or other duty of care by any of the Releasees or any other person.
IN NO EVENT WILL MY IDEAL MEAL OR ANY OF THE OTHER RELEASEES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE 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 (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OF THE SERVICES. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SURVIVES A FUNDAMENTAL BREACH OR FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS.
To the fullest extent permitted by applicable law, the maximum aggregate liability, including but not limited to applicable legal fees and court costs, of My Ideal Meal or any of the other Releasees to you concerning or in any way related to the Terms and your use of the Services is limited to direct damages in an amount not to exceed fees, if any, you have paid to us for the most recent one (1) month period immediately precedent the event giving rise to such claim.
You agree to indemnify, hold harmless and defend My Ideal Meal and the other Releasees (collectively, the “Indemnified Parties”) from and against any action, suit, claim, demand, liability, damage, loss, cost
and/or expense (including, without limitation, legal fees) which may be made or brought against the Indemnified Parties or any of them or which any of them may suffer or incur as a result of, in respect of, or arising out of: (i) any breach by you of these Terms; (ii) any non-fulfillment by you of any covenant or agreement under these Terms; (iii) any breach by you, whether by commission or omission, of any of your obligations, representations or warranties under these Terms; (iv) any content you post, store or otherwise transmit on or through our Site or App or otherwise in connection with your use of the Services; and/or (iv) any violation by you of any law or rights of any third party in the use of the Services.
LICENSE AND USE OF THE SERVICE
Subject to these Terms, My Ideal Meal hereby grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to access and use the Services for your own personal and non-commercial purposes.
Any rights not expressly granted herein are reserved by My Ideal Meal.
You shall not, directly or indirectly: (i) in any way modify, translate, adapt or otherwise create derivative works of the content, information or related materials that are made available through the Services; (ii) reproduce, modify, license, sell, resell, transfer, publicly display, broadcast, remove, delete, alter or obscure or otherwise exploit any copyright, trademark or other intellectual property or proprietary rights notices made available through the Services except as expressly permitted by My Ideal Meal; or (iv) use the Services in violation of any law.
You acknowledge and agree that the Services are provided under license of use only, and not for any other purpose.
You agree that My Ideal Meal is the sole and exclusive owner of the Site, App and other Services.
These Terms will be governed by and construed under and pursuant to the laws of the Province of Ontario without giving effect to its conflict of law provisions and the parties hereby irrevocably submit to the jurisdiction of the courts of Ontario.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
SURVIVAL OF TERMS
These Terms will remain in effect so long as is necessary to give full effect to your past, present and/or future use of the Services.
These Terms and any further terms provided to you by My Ideal Meal upon or in connection with your use of the Services and constitute the entire agreement between you and My Ideal Meal with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements.
If you want to provide feedback, have questions, or want a restaurant to be available on MIM, email us at email@example.com.