Omealo Terms of Service

Last updated: November 11, 2026

Welcome to Omealo. These Terms of Service (the "Terms") form a legally binding agreement between you and Omealo Technologies Inc. ("Omealo", "we", "us" or "our") and govern your access to and use of the Omealo mobile application, the omealo.com website and web application, and all related features, content, tools and services that we offer or that link to these Terms (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, CONTINUING AS A GUEST, OR CLICKING TO ACCEPT THESE TERMS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL POLICIES INCORPORATED BY REFERENCE, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.

IMPORTANT HEALTH AND SAFETY NOTICE: OMEALO IS A TECHNOLOGY PLATFORM THAT PROVIDES GENERAL INFORMATION ONLY. OMEALO IS NOT A RESTAURANT, A FOOD SAFETY AUTHORITY, OR A MEDICAL, NUTRITIONAL OR ALLERGY SERVICE, AND NOTHING IN THE SERVICES IS MEDICAL, NUTRITIONAL OR DIETARY ADVICE. RESULTS MAY BE INACCURATE, INCOMPLETE OR OUT OF DATE. IF YOU HAVE A FOOD ALLERGY, INTOLERANCE OR MEDICAL CONDITION, YOU MUST CONFIRM ALL INGREDIENTS AND PREPARATION METHODS DIRECTLY WITH THE RESTAURANT BEFORE ORDERING OR CONSUMING ANY FOOD OR BEVERAGE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, INCLUDING AN ALLERGIC REACTION, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

PLEASE NOTE THAT SECTION 23 CONTAINS A DISPUTE RESOLUTION PROVISION, INCLUDING AN AGREEMENT TO RESOLVE CERTAIN DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS PROCEEDINGS, WHICH APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS ANY RIGHT YOU HAVE UNDER CONSUMER PROTECTION LEGISLATION THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

1. Definitions

In these Terms, the following capitalized terms have the meanings set out below. Other capitalized terms are defined where they first appear.

  • "Content" means any text, images, photographs, menus, data, information, ratings, reports, links, software and other material of any kind.
  • "Omealo Content" means all Content made available through the Services by or on behalf of Omealo, including Results, menu and restaurant compilations, designs, software and trademarks, but excluding User Content.
  • "Omealo Parties" means Omealo and its affiliates, and each of their respective directors, officers, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns.
  • "Policies" means our Privacy Policy and any other guidelines, rules or terms that we post in the Services or that are presented to you for a specific feature, each of which is incorporated into these Terms by reference.
  • "Restaurant" means any restaurant, food service establishment or other business whose information, menus or offerings appear in or are accessible through the Services, whether or not that business has an account with Omealo.
  • "Results" means any analysis, classification, label, indicator, ranking, suggestion, explanation or other output generated by the Services, including any output generated in whole or in part by automated or artificial intelligence technologies.
  • "User Content" means any Content that you submit, upload, post, transmit or otherwise make available through the Services, including photographs, menu images, links, notes, preferences, reports and feedback.
  • "you" and "your" mean the individual accessing or using the Services. The words "including" and "include" mean "including without limitation".

2. Eligibility

You must be at least [fourteen (14)] years of age to use the Services. If you are under the age of majority in your province, territory or country of residence, you may use the Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You represent and warrant that you have the legal capacity to enter into these Terms and that you are not prohibited from using the Services under any applicable law. We may refuse access to the Services to any person, at any time and for any reason, to the extent permitted by applicable law.

3. The Services and Our Relationship with Restaurants

Nature of the Services. The Services are a technology platform that helps users locate restaurants and view menu information in relation to preferences they select. The Services are provided for general informational and convenience purposes only.

No relationship with Restaurants. Omealo does not own, operate, manage or control any Restaurant, and does not prepare, handle, serve, label or sell any food or beverage. Omealo is not an agent, partner, franchisor or representative of any Restaurant. Each Restaurant is solely responsible for its menu, ingredients, preparation methods, food safety practices, allergen controls, pricing, service and compliance with applicable law. Any transaction, communication or interaction between you and a Restaurant is solely between you and that Restaurant.

Availability. The Services, or any feature of them, may not be available in all locations, on all devices or at all times. We do not guarantee that any particular Restaurant, menu or item will appear in the Services, or that information shown is complete, current or accurate.

4. Health, Dietary and Allergy Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT:

  • THE SERVICES AND ALL RESULTS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL, NUTRITIONAL, DIETARY, ALLERGY OR HEALTH ADVICE, DIAGNOSIS OR TREATMENT;
  • NO RESULT, LABEL, INDICATOR OR FILTER IN THE SERVICES IS A GUARANTEE OR REPRESENTATION THAT ANY FOOD OR BEVERAGE IS SAFE FOR YOU, FREE OF ANY ALLERGEN OR INGREDIENT, OR SUITABLE FOR ANY DIET OR HEALTH CONDITION;
  • MENU, INGREDIENT AND ALLERGEN INFORMATION MAY BE SUPPLIED BY RESTAURANTS, OBTAINED FROM PUBLICLY AVAILABLE SOURCES OR SUBMITTED BY OTHER USERS, AND MAY BE INCOMPLETE, INACCURATE OR OUT OF DATE, AND OMEALO DOES NOT INDEPENDENTLY VERIFY IT;
  • OMEALO HAS NO KNOWLEDGE OF, AND NO CONTROL OVER, RECIPES, SUBSTITUTIONS, SUPPLIERS, PREPARATION METHODS, CROSS-CONTACT OR OTHER CONDITIONS IN ANY KITCHEN;
  • FILTERS OR LABELS THAT REFER TO A DIET OR HEALTH CONDITION ARE GENERAL CATEGORIES ONLY AND ARE NOT A SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN, REGISTERED DIETITIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL; AND
  • YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING INGREDIENTS, ALLERGENS AND PREPARATION METHODS DIRECTLY WITH THE RESTAURANT BEFORE ORDERING OR CONSUMING ANY FOOD OR BEVERAGE, AND FOR ANY DECISION YOU MAKE BASED ON THE SERVICES.

YOUR USE OF AND RELIANCE ON THE SERVICES AND ANY RESULTS IS AT YOUR SOLE RISK, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5. Artificial Intelligence and Automated Features

Automated Results. Certain features of the Services use automated technologies, including machine learning and other artificial intelligence technologies developed by Omealo or provided by third parties, to read, interpret, classify and summarize Content and to generate Results. Results are generated automatically, may not be reviewed by a human, and may be inaccurate, incomplete, inconsistent, offensive or otherwise unsuitable.

No reliance. You must independently evaluate any Result before relying on it. Results do not reflect the views of Omealo, and Omealo makes no representation or warranty as to the accuracy, reliability, completeness or fitness of any Result.

Inputs. You are responsible for any Content you submit for processing by automated features. Do not submit Content that contains personal information about other people or information you do not wish to be processed.

Improvement. We may use Content submitted to and Results generated by the Services to operate, maintain, analyze, develop and improve the Services and our technologies, subject to our Privacy Policy.

Third-party technologies. Automated features may rely on technologies provided by third parties. Omealo is not responsible for the availability, performance or output of any third-party technology.

6. Your Account

Account creation. Certain features require an account. When you first use the Services, we may create a guest profile associated with your device. You may also register using an email address or a supported third-party sign-in service. You agree to provide accurate, current and complete information and to keep it up to date.

Account security. You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that occurs under your account or on your device, whether or not authorized by you. You must notify us promptly at [support@omealo.com] of any unauthorized access to or use of your account. Omealo is not liable for any loss or damage arising from your failure to protect your account.

Personal use. Your account is personal to you. You may not sell, transfer, license or assign your account or any rights in it, or permit any other person to use it.

7. Subscriptions, Fees and Payments

Paid features. Certain features of the Services are available only with a paid subscription or other paid plan (each, a "Paid Plan"). The features, price and billing period of each Paid Plan are presented to you before purchase and may change from time to time.

In-app purchases. Paid Plans purchased through a third-party app store are billed and processed by the applicable app store provider and are subject to its terms and policies, including its terms regarding payment, renewal, cancellation and refunds. Omealo does not receive or store your payment card details for such purchases and has no control over app store refund decisions. Deleting the application or your account does not cancel a subscription purchased through an app store.

Web purchases. Paid Plans purchased through our website are processed by our third-party payment processors. You authorize Omealo and its payment processors to charge your selected payment method for all applicable fees and taxes.

Automatic renewal. UNLESS OTHERWISE STATED AT THE TIME OF PURCHASE, PAID PLANS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD FOR A PERIOD OF THE SAME LENGTH AT THE THEN-CURRENT PRICE UNTIL CANCELLED. You may cancel at any time through the platform on which you purchased, and cancellation takes effect at the end of the current billing period.

Price changes. We may change the price of any Paid Plan. We will provide advance notice of any price change as required by applicable law, and the new price will apply from your next renewal following the notice period. If you do not agree to a price change, you must cancel before it takes effect.

Taxes. Fees are stated in [Canadian dollars] unless otherwise indicated and are exclusive of applicable taxes unless stated otherwise. You are responsible for all applicable taxes.

Refunds. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY STATED IN THESE TERMS, ALL FEES ARE NON-REFUNDABLE, AND NO REFUNDS OR CREDITS WILL BE PROVIDED FOR PARTIAL BILLING PERIODS OR UNUSED FEATURES.

Donations. Any voluntary contribution you make to Omealo is a gift, does not entitle you to any feature, good or service, and is non-refundable except as required by applicable law.

8. User Content

Responsibility. You are solely responsible for your User Content and for the consequences of submitting it. Omealo does not endorse any User Content and is not responsible for it.

Licence to Omealo. As between you and Omealo, you retain any ownership rights you have in your User Content. By submitting User Content, you grant to Omealo a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable and sublicensable (through multiple tiers) licence to use, host, store, reproduce, modify, adapt, translate, analyze, create derivative works from, publish, publicly display, distribute and otherwise exploit your User Content, in whole or in part, in any form, media or technology now known or later developed, for the purposes of operating, providing, promoting, developing and improving the Services and our technologies, including to build, maintain and improve Restaurant and menu information made available to other users and to train, test and improve our algorithms and models. Where your User Content is made available to other users, it will be presented in a manner that does not identify you, unless you choose otherwise.

Moral rights. To the extent permitted by applicable law, you irrevocably waive, and agree not to assert, any moral rights or similar rights you may have in your User Content in favour of Omealo and its licensees, successors and assigns.

Your representations. You represent and warrant that you own or have obtained all rights, licences, consents and permissions necessary to submit your User Content and to grant the licence above, and that your User Content and our use of it as permitted by these Terms will not infringe, misappropriate or violate any third party's rights or any applicable law.

No confidentiality. Except as set out in our Privacy Policy, User Content is not treated as confidential. Features described as private are intended to limit visibility to other users and do not restrict Omealo's access to or use of User Content as permitted by these Terms.

Removal. Omealo may, but has no obligation to, monitor, review, edit, refuse or remove any User Content at any time, for any reason or no reason, without notice. Omealo may retain copies of User Content as permitted by these Terms and our Privacy Policy.

9. Feedback

If you provide any suggestions, ideas, reports, comments or other feedback about the Services ("Feedback"), you grant Omealo an unrestricted, perpetual, irrevocable, worldwide, royalty-free and sublicensable right to use, disclose and exploit that Feedback for any purpose, without compensation or attribution to you. Feedback is not confidential.

10. Omealo Content and Intellectual Property

The Services and all Omealo Content, including all software, algorithms, models, databases, compilations, designs, text, graphics, logos and trademarks, and all intellectual property rights in them, are owned by Omealo or its licensors and are protected by Canadian and international intellectual property laws. Except for the limited licence in Section 11, nothing in these Terms grants you any right, title or interest in the Services or Omealo Content. The Omealo name, logo and related marks are trademarks of Omealo and may not be used without our prior written consent. All rights not expressly granted are reserved by Omealo and its licensors.

11. Application Licence

Subject to your compliance with these Terms, Omealo grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the Omealo application on devices that you own or control, and to access and use the Services, solely for your own personal, non-commercial use. This licence terminates automatically if you breach these Terms or if your access to the Services is terminated. Your use of an application obtained from a third-party app store is also subject to that app store's usage rules.

12. Acceptable Use and Restrictions

You agree not to, and not to permit, encourage or assist any other person to:

  • use the Services for any unlawful, fraudulent, harmful or unauthorized purpose, or in violation of these Terms or any Policy;
  • copy, modify, adapt, translate, distribute, sell, lease, sublicense or create derivative works of the Services or any Omealo Content, except as expressly permitted by these Terms;
  • decompile, disassemble, reverse engineer or attempt to derive the source code, models, algorithms or underlying structure of the Services, except to the extent such restriction is prohibited by applicable law;
  • access, collect, extract or index any part of the Services or Omealo Content by any automated means, including robots, spiders, scrapers or data mining tools, or use any Content or Results to develop or train any product, service, model or dataset;
  • probe, scan or test the vulnerability of the Services, or breach or circumvent any security, authentication, rate limit, paywall or other technical measure;
  • access or attempt to access any account, data or system that you are not authorized to access;
  • interfere with, disrupt or place an unreasonable load on the Services or any infrastructure connected to them, or introduce any virus, malware or other harmful code;
  • submit any Content that is false, misleading, defamatory, obscene, infringing, discriminatory or otherwise objectionable, or that contains the personal information of another person without their consent;
  • impersonate any person or entity, or misrepresent your affiliation with any person, entity or Restaurant; or
  • use the Services in a manner that could damage, disable or impair the Services or harm Omealo, any Restaurant or any user.

Any use of the Services not expressly permitted by these Terms is prohibited.

13. Third-Party Services, Content and Links

The Services may display, include, link to or interoperate with websites, applications, services, data and Content provided by third parties, including Restaurants, sign-in providers, app stores, payment processors, mapping and location services, and content publishers (collectively, "Third-Party Services"). Third-Party Services are provided for your convenience only. Omealo does not control, endorse or assume any responsibility for any Third-Party Service, and your use of any Third-Party Service is at your own risk and subject to the terms and policies of its provider.

14. Privacy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use and disclose personal information. By using the Services, you acknowledge that you have read the Privacy Policy and, where required by applicable law, consent to the practices it describes.

15. Cookies Policy

This Section explains how Omealo uses cookies and similar technologies in connection with the Services. It forms part of these Terms and should be read together with our Privacy Policy.

What we use. Omealo, our service providers and other third parties may use cookies, pixels, web beacons, tags, software development kits, device identifiers, local storage and similar technologies (collectively, "Cookies") when you access or use the Services. A cookie is a small data file placed on your browser or device that allows it to be recognized. In our mobile application, similar functions may be performed by software development kits, device identifiers and local storage, and references to Cookies include those technologies.

Why we use them. We may use Cookies to: (a) operate the Services and enable their core features, such as keeping you signed in and remembering your settings and preferences; (b) protect the security and integrity of the Services and detect and prevent fraud and abuse; (c) understand how the Services are accessed and used and measure their performance; (d) develop and improve the Services; and (e) on our website, deliver, personalize and measure advertising.

Types of Cookies. Cookies may be set by Omealo (first-party Cookies) or by third parties (third-party Cookies), and may last only for your browsing session (session Cookies) or remain on your device until they expire or are deleted (persistent Cookies). Cookies used through the Services may include:

  • essential Cookies, which are necessary for the Services to function and to keep them secure;
  • functional Cookies, which remember your choices and settings;
  • analytics Cookies, which help us understand how the Services are used and how they perform; and
  • advertising Cookies, which are used to deliver and measure advertisements, including advertisements that may be tailored to your interests.

Consent and your choices. Essential Cookies are used as necessary to provide the Services you request. Where required by applicable law, we will obtain your consent before using other Cookies, and technologies that allow you to be identified, located or profiled will be deactivated by default. You may manage or withdraw your consent at any time through the cookie settings in the Services, where available, and through your browser or device settings, which may allow you to block or delete Cookies or reset your device's advertising identifier. If you block or delete Cookies, some features of the Services may not function properly. To learn more about interest-based advertising and the choices available to you, visit youradchoices.ca.

Third-party Cookies. Third parties that place or read Cookies through the Services do so under their own privacy and cookie policies. Omealo does not control and is not responsible for third-party Cookies or the practices of the third parties that use them.

Do not track. Some browsers transmit "do not track" signals. Because there is no common standard for interpreting these signals, the Services may not respond to them.

Personal information. Any personal information collected through Cookies is handled in accordance with our Privacy Policy.

Changes. The Cookies used in the Services may change from time to time as the Services evolve, and we may update this Section in accordance with Section 26.

16. Communications

By using the Services, you consent to receive communications from us electronically, including through the Services, push notifications and email, and you agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing. We will send you commercial electronic messages only with your consent as required by applicable law,Footnote 1 and you may withdraw that consent at any time using the unsubscribe mechanism provided. You may disable push notifications through your device settings.

17. Modifications to the Services

Omealo may, at any time and from time to time, with or without notice, add, change, suspend or discontinue all or any part of the Services or any feature, Content or functionality, and may impose limits on certain features or restrict access to all or part of the Services. To the extent permitted by applicable law, Omealo will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

18. Suspension and Termination

By you. You may stop using the Services at any time and may delete your account through the Services or by contacting us. Deleting your account does not cancel any subscription purchased through a third-party app store.

By Omealo. To the extent permitted by applicable law, Omealo may suspend, restrict or terminate your account or your access to all or any part of the Services, at any time, with or without notice and with or without cause, including if we believe that you have breached these Terms, created risk or possible legal exposure for Omealo, or that termination is required by law.

Effect. Upon termination, the licence in Section 11 and your right to use the Services end immediately. Omealo may, but is not obligated to, delete your account and User Content, subject to our Privacy Policy. Sections 1, 4, 5, 7 (for amounts owed), 8 to 10, 12 and 18 to 27, and any other provision that by its nature should survive, survive any termination or expiration of these Terms.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL OMEALO CONTENT, ALL RESULTS AND ALL THIRD-PARTY SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THE OMEALO PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE OMEALO PARTIES DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES OR ANY RESULTS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) ANY FOOD OR BEVERAGE IS SAFE FOR YOU OR SUITABLE FOR ANY DIET, ALLERGY OR HEALTH CONDITION; (C) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY OR SECURE BASIS; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE OMEALO PARTIES OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY WARRANTY OR CONDITION THAT CANNOT BE EXCLUDED IS LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OMEALO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AGGRAVATED OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY RESULTS, ANY RESTAURANT, ANY FOOD OR BEVERAGE, OR ANY THIRD-PARTY SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OMEALO PARTIES ARE NOT LIABLE FOR ANY ACT, OMISSION, PRODUCT OR SERVICE OF ANY RESTAURANT OR OTHER THIRD PARTY, INCLUDING ANY ILLNESS, ALLERGIC REACTION, INJURY OR OTHER HARM ARISING FROM ANY FOOD OR BEVERAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OMEALO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OMEALO. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIABILITY CANNOT BE LIMITED. IF YOU ARE A RESIDENT OF QUEBEC, THE OMEALO PARTIES DO NOT EXCLUDE OR LIMIT THEIR LIABILITY FOR BODILY OR MORAL INJURY, OR FOR MATERIAL INJURY CAUSED BY INTENTIONAL OR GROSS FAULT.

21. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Omealo Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your breach of these Terms or any Policy; (d) your violation of any applicable law or any right of a third party; or (e) any interaction or transaction between you and any Restaurant or other third party. Omealo may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defence. You may not settle any such matter without Omealo's prior written consent.

22. Release

To the maximum extent permitted by applicable law, you release, and forever discharge, the Omealo Parties from any and all claims, demands, losses and damages of every kind, known and unknown, arising out of or in any way connected with: (a) any Restaurant, including its food, beverages, ingredients, preparation, premises, staff or service; (b) any interaction or dispute between you and any Restaurant, user or other third party; and (c) any Content provided by a Restaurant, user or other third party. This release does not apply to any claim that cannot be released under applicable law, including, for residents of Quebec, any claim for bodily or moral injury.

23. Dispute Resolution

23.1 Informal resolution. Before commencing any arbitration or court proceeding, you and Omealo agree to first attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms or the Services (a "Dispute") informally. The party raising a Dispute must send a written notice describing it and the relief sought, in your case to [legal@omealo.com]. If the Dispute is not resolved within sixty (60) days after the notice is received, either party may proceed as set out below. Any applicable limitation period is suspended during this sixty (60) day period.

23.2 Binding arbitration. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE NOT RESOLVED INFORMALLY WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR, RATHER THAN IN COURT. The arbitration will be administered under the arbitration rules of the ADR Institute of Canada then in effect, will be governed by the Arbitration Act, 1991 (Ontario),Footnote 2 will be seated in Toronto, Ontario, and will be conducted in English, unless the parties agree otherwise. The arbitration may be conducted by video conference or in writing at the request of either party. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitration and all related information will be kept confidential, except as required by law or to enforce an award.

23.3 Exceptions. Notwithstanding Section 23.2: (a) either party may bring an individual claim in small claims court if it qualifies; (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized use of the Services; and (c) if you are a consumer resident in Quebec, Ontario or any other jurisdiction whose laws prohibit a pre-dispute agreement to arbitrate or to waive class proceedings, Sections 23.2 and 23.4 do not apply to you to the extent so prohibited, and you may bring a claim in court in accordance with Section 24.

23.4 Class proceedings waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND OMEALO AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding.

23.5 Costs. If you are an individual and the arbitration filing and administrative fees you are required to pay exceed the fees you would pay to commence a claim in the Ontario Superior Court of Justice, Omealo will pay the difference. Each party will otherwise bear its own legal fees and costs, unless the arbitrator determines otherwise in accordance with applicable law.

23.6 Time to bring claims. To the extent permitted by applicable law, any Dispute must be commenced within one (1) year after the cause of action arises, failing which it is permanently barred.

23.7 Severability. If any part of this Section 23 is found to be unenforceable, that part will be severed and the remainder will continue in effect. If Section 23.4 is found to be unenforceable with respect to any Dispute, that Dispute will proceed in court in accordance with Section 24 and not in arbitration.

24. Governing Law

These Terms and any Dispute are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles. Subject to Section 23, you and Omealo irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario sitting in Toronto. Nothing in this Section deprives a consumer of the protection of the mandatory laws of the province or territory in which they reside, or of the right to bring a claim in the courts of that jurisdiction where such right cannot be waived.

25. Apple App Store Additional Terms

If you downloaded the Omealo application from the Apple App Store, the following terms also apply:

  • These Terms are concluded between you and Omealo only, and not with Apple Inc. ("Apple"). Omealo, not Apple, is solely responsible for the application and its content.
  • Your licence to use the application is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules set out in Apple's Media Services Terms and Conditions,Footnote 3 including through Family Sharing where available.
  • Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
  • In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Omealo's responsibility, to the extent not disclaimed in these Terms.
  • Omealo, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
  • In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual property rights, Omealo, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
  • You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
  • You must comply with applicable third-party terms of agreement when using the application.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

26. Changes to These Terms

Omealo may amend these Terms from time to time, in its sole discretion. We will post the amended Terms in the Services and update the "Last updated" date above. Where required by applicable law, we will provide you with advance notice of material changes, which may be given in the Services or by email, and the notice will describe the changes and the date they take effect. Unless otherwise required by law, amendments take effect on the date stated in the notice or, if none, when posted. YOUR CONTINUED ACCESS TO OR USE OF THE SERVICES AFTER AN AMENDMENT TAKES EFFECT CONSTITUTES YOUR ACCEPTANCE OF THE AMENDED TERMS. If you do not agree to an amendment, you must stop using the Services and, where applicable, cancel any Paid Plan before the amendment takes effect.

27. General Provisions

Entire agreement. These Terms, together with the Policies, constitute the entire agreement between you and Omealo regarding the Services and supersede all prior or contemporaneous agreements, representations and understandings, whether written or oral.

Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver. No failure or delay by Omealo in exercising any right or remedy operates as a waiver of it. Any waiver must be in writing and signed by an authorized representative of Omealo.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without Omealo's prior written consent. Omealo may freely assign or transfer these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, reorganization or sale of assets. Any attempted assignment in violation of this Section is void.

Force majeure. Omealo will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, labour disputes, failures of third-party service providers, internet or utility outages, governmental action, war, terrorism or civil unrest.

Relationship. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary or employment relationship between you and Omealo.

Third-party beneficiaries. Except for the Omealo Parties with respect to Sections 19 to 22, and Apple as set out in Section 25, these Terms do not confer any rights or remedies on any person other than you and Omealo.

Interpretation. Headings are for convenience only and do not affect the interpretation of these Terms. These Terms will not be construed against Omealo by reason of authorship.

Notices. Omealo may provide notices to you through the Services, by push notification or to the email address associated with your account. Notices to Omealo must be sent to the address in Section 28.

Language. These Terms are made available in English and French. [If you reside in Quebec, the French version was provided to you before the English version, and you have expressly chosen to be bound by the English version.] In the event of any inconsistency between language versions, the English version will prevail to the extent permitted by applicable law.

28. Contact Us

If you have any questions about these Terms or the Services, please contact us at:

Omealo Technologies Inc.
Toronto, Ontario
Canada
Email: admin@omealo.com

Notes

  1. Including Canada's anti-spam legislation, S.C. 2010, c. 23. ↩
  2. S.O. 1991, c. 17. ↩
  3. Available at https://www.apple.com/legal/internet-services/itunes/. ↩