Phenu.com (“Phenu.com”, “we” or “us”) is committed to protecting the privacy of
all visitors to www.phenu.com (the “Website”). Please read the following privacy
the Personal Information (defined below) that you provide us with. As an organization
engaged in commercial activities, Phenu.com is committed to complying with the Personal
Information Protection and Electronic Documents Act Canada.
By visiting on the Website, you acknowledge and agree that you have read and understand
to provide explicit consent if we collect, use or disclose your Personal Information,
however sometimes your consent may be implied through your conduct with us.
1. INFORMATION THAT WE COLLECT FROM YOU
When you visit the Website, you may be asked to provide information about yourself
including your name, contact details, and/or other personally identifiable information
(the “Personal Information”). Personal Information does not include business information
such as a business address, business title, professional designation(s) or business
telephone number. We may also collect information about your usage of the Website
and Personal Information from the messages you post to the Website and the e-mails
or letters you send to us. Collection of Personal Information will be limited to
collected by fair and lawful means.
2. USE OF YOUR PERSONAL INFORMATION
2.1 Your Personal Information will enable us to provide you with access to the relevant
parts of the Website, and to supply the services you have requested. It will also
enable us to bill you and to contact you where necessary concerning our services.
We will also use and analyze the Personal Information we collect so that we can
administer, support, improve and develop our business.
2.2 We may use your Personal Information to contact you for your views on our services,
and to notify you occasionally about important changes or developments to the Website
or our services. If you have consented, we may use your Personal Information to
let you know about our other products and services that may be of interest to you
including services that may be the subject of direct marketing, and we may contact
you by telephone, SMS as well as by e-mail.
2.3 If you have consented, we may also share Personal Information with third parties
(including those in the food, drink, leisure, marketing and advertising sectors)
to use your Personal Information in order to let you know about goods and services
which may be of interest to you (by telephone, SMS and/or e-mail) and/or when partnering.
If you change your mind about being contacted in the future, please let us know
by using the contact details set out in section 8 below and/or amending your profile
Please note that by submitting comments and feedback regarding the Website and the
services you consent to us including such comments and feedback on the Website and
in any marketing or advertising materials. We will only identify you for this purpose
by your first name and the city in which you reside.
3. DISCLOSURE OF YOUR PERSONAL INFORMATION
3.1 The Personal Information you provide to us will be held on our servers in Toronto
and may be accessed by or given to third parties including companies within the
Phenu.com group of companies (which means our subsidiaries, our ultimate holding
company and its subsidiaries) who act for us for the purposes set out in this Privacy
Policy or for other purposes approved by you. Those parties process information,
process credit card payments and provide support services for us. In addition, we
may need to provide your Personal Information to any Quick Service Restaurants (“QSRs”)
that you have placed your order with. In all such cases where we must provide your
Personal Information to third parties in connection with providing to you the services
described on the Website, we will work with such third parties to ensure that they
will only collect, use and disclose your Personal Information to provide such services
3.2 If you have consented we may allow carefully selected third parties, including
marketing and advertising companies, our affiliates and associates, to contact you
occasionally about other services that may be of interest to you. They may contact
you by telephone, SMS as well as by e-mail. If you change your mind about being
contacted by these companies in the future, please let us know by using the contact
details set out in section 8 below and/or by amending your profile accordingly.
3.3 If our business enters into a joint venture with, purchases or is sold to, or
merged with another business entity, your Personal Information may be disclosed
or transferred to the target company, our new business partners or owners.
3.4 We may use the Personal Information that you provide to us if we are under a
duty to disclose or share your Personal Information in order to comply with any
legal obligation; or in order to enforce our Website Terms and any other agreement
we have with you; or to protect the rights of Phenu.com, QSRs or others. This includes
exchanging Personal Information with other companies and other organizations for
the purposes of fraud protection.
3.5 Countries outside of Canada do not always have strong personal information protection
laws. However, we will always take steps to ensure that your Personal Information
Cookies are small amounts of information which we store on your computer. Unless
you have told us you object, our system will issue cookies to your computer when
you use the Website (whether you are a registered or non-registered user). Cookies
make it easier for you to log on to and use the Website during future visits. They
also allow us to monitor website traffic and to personalize the content of the Website
for you. You may set up your computer to reject cookies but if you do that, you
may not be able to use some features on the Website. Please note that our advertisers
5. SECURITY AND DATA RETENTION
5.1We take steps to protect your Personal Information from unauthorized access and
against unlawful processing, accidental loss, destruction and damage. We will keep
your Personal Information for a reasonable period or as long as the law requires.
5.2 Where you have chosen a password which allows you to access certain parts of
the Website, you are responsible for keeping this password confidential. We advise
you not to share your password with anyone.
5.3 Unfortunately, the transmission of information via the internet is not completely
secure. Although we will take steps to protect your Personal Information, we cannot
guarantee the security of your Personal Information or other data transmitted to
the Website, and any transmission is at your own risk. Please also note that the
Website contains links to third party websites, which are not governed by this Privacy
Policy, and Phenu.com is not responsible for the collection, use or disclosure of
Personal Information by such third party websites.
6. ACCESSING AND UPDATING
You have the right to see the Personal Information we hold about you and to ask
us to make any changes to ensure that it is accurate and up to date. If you wish
to do this, please contact us using the contact details set out in section 8 below.
through e-mail notification.
All comments, inquiries and requests relating to our use of your Personal Information
are welcomed and should be addressed to email@example.com.
IMPORTANT LEGAL NOTICE
1.1 Phenu.com is a company registered in Ontario, Canada with registered company.
1.2 Phenu.com provides a way for restaurant businesses to satisfy customer’s eating
habits by incorporating menu dishes with photos.
1.3 If you encounter problems with viewing the Website and/or maintaining your account,
you can contact our customer care team by emailing and/or telephoning the respective
representative shown on this Website. One of our representatives will reply back
within two (2) business days.
1.4 Customer care is extremely important to Phenu.com; therefore, in the event that
you are dissatisfied with the quality of services offered through the Website, subject
to paragraph 3.3 below, Phenu.com will negotiate and refund you a suitable amount
you are happy with. Please note that any complaint must be lodged with our customer
care team using the method described in paragraph 1.3 above within 48 hours. Phenu.com
shall have complete discretion in deciding whether to refund and/or resolution methods.
1.5 You may access some areas of the Website without signing up to Phenu.com, and
registering your details with us. Most areas of the Website are open to everyone.
1.7 These Website Terms are a binding agreement between you, as user and/or customer
of the Phenu.com Services and the Website, (referred to herein as “you”) and Phenu.com.
By accessing any part of the Website, you acknowledge and agree that you accept
these Website Terms. If you do not accept these Website Terms, you must leave the
1.8 Phenu.com may revise these Website Terms at any time. You should check the Website
regularly to review the current Website Terms, because they are binding on you.
1.9 You are responsible for making all arrangements necessary for you to have access
to the Website. You are also responsible for ensuring that all persons who access
the Website through your Internet connection are aware of these Website Terms and
that they comply with them.
2. PRICE AND PAYMENT
2.1 Prices will be as quoted on the Website and/or in your contract with Phenu.com.
These prices will have applicable taxes applied at payment time, which will be added
to the total amount due.
2.2 This Website contains a large number of menus and it is always possible that
some of the menus may be incorrectly priced. Phenu.com is under no obligation to
ensure that the price changes are updated immediately and take no responsibility
in respect to incorrect pricing.
2.3 In the event that you lodge a complaint because you are dissatisfied with the
quality of your service order as described in paragraph 1.4 above, you must provide
all evidence required by Phenu.com to substantiate your claim. Phenu.com shall have
sole discretion in deciding whether a complaint lodged in accordance with paragraph
1.4 above warrants a refund. Phenu.com shall only provide refunds in respect of
claims that it considers (at its sole discretion) to be honest and genuine.
2.4 Payment for all orders must be by cash and/or cheque in accordance with the
2.5 A discount may apply to your order if you use a promotional code recognized
by the Website and endorsed by Phenu.com.
3.1 Unless otherwise stated, the copyright and other intellectual property rights
in the Website and in any and all material published on it (including without limitation
photographs and graphical images) (collectively, the “Website Materials”) are owned
by Phenu.com or any other third parties that Phenu.com has granted permission. The
Website Materials are protected by copyright laws, trade-marks laws, other intellectual
property laws and treaties around the world and all rights therein are reserved.
For the purposes of these Website Terms, any use of the Website Materials other
than in accordance with this Section 4 is prohibited.
3.2 You are only permitted to print and download extracts from this Website for
your own personal use in association with the Services, and on the following basis:
3.2.1 You shall not modify the digital or paper copies of the Website Materials
that you print off and/or download in accordance with paragraph 4.1 and you must
not use any pictures, photographs or any other graphics, video or audio sequences
separately from any accompanying text.
3.2.2 You shall ensure that the status of Phenu.com as the authors of the Website
Materials is always acknowledged.
3.3 Except as stated in paragraph 4.2, you shall not copy, reproduce, modify, republish,
distribute, transmit, display, frame, download or sell the Website or the Website
Materials in any form or by any means, in whole or in part, without Phenu.com’s
prior written consent.
3.4 You shall not use the Website or the Website Materials for commercial purposes
without obtaining a specific written consent from Phenu.com to do so.
3.5 Except as stated in paragraph 4.2, no part of this Website may be reproduced
or stored in or on any other website or included in any public or private electronic
retrieval system or service without Phenu.com’s prior written permission.
3.6 Any rights not expressly granted in these Website Terms are reserved.
4. SERVICE ACCESS
4.1 While Phenu.com tries to ensure the Website is normally available twenty four
(24) hours a day, Phenu.com shall not be liable if the Website is unavailable at
any time or for any period.
4.2 Access to the Website may be suspended temporarily and without notice for any
4.3 Unfortunately, the transmission of information via the internet is not completely
secure. Although Phenu.com will take steps to protect your personal information
and other information you transmit to us, Phenu.com cannot guarantee the security
of the data transmitted to the Website and any and all transmission of information
is at your own risk.
5. VISITOR MATERIAL AND CONDUCT
5.1 Other than personally identifiable information, which is governed by the Phenu.com
or post to the Website (the “Submissions”) will be considered non-confidential and
non-proprietary. Phenu.com will have no obligations with respect to the Submissions.
By posting Submissions to the Website, you warrant and represent that you own or
otherwise have all necessary intellectual property and moral rights in and to the
Submissions including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions to the Website. Furthermore, you hereby
grant to Phenu.com a non-exclusive, royalty-free, perpetual, irrevocable, transferable
license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt,
publish, translate, create derivative works from, distribute, transmit, perform,
display and otherwise use the Submissions, in whole or in part, worldwide in all
manner and media whether now known or later developed. If requested, you shall provide
waivers in favor of Phenu.com with respect to any and all moral rights in the Submissions
held by any individuals who may be authors of such Submissions. Phenu.com and anyone
we designate will be free to copy, disclose, distribute, incorporate and otherwise
use the Submissions and all data, images, sounds, text and other things embodied
in it for any and all commercial or non-commercial purposes.
5.2 You are prohibited from posting, uploading or transmitting to or from this Website
any Submissions or other material that:
5.2.1 breach any applicable local, national or international law;
5.2.2 are unlawful or fraudulent;
5.2.3 amount to unauthorized advertising;
5.2.4 contain viruses or any other harmful programs;
5.2.5 contain any defamatory, obscene or offensive material;
5.2.6 promote violence or discrimination;
5.2.7 infringe the intellectual property rights of another person;
5.2.8 breach any legal duty owed to a third party (such as the creation of works
for hire or a duty of confidence);
5.2.9 promote illegal activity or invade another’s privacy;
5.2.10 give the impression directly or indirectly that they originate from us; or
5.2.11 could be used to impersonate another person or to misrepresent your affiliation
with another person.
5.3 You may not misuse the Website (including by hacking).
5.4 The prohibited acts listed in paragraph 6.2 above are non-exhaustive. Phenu.com
in its sole discretion, reserves the right to review, edit and/or remove any Submissions.
Notwithstanding the foregoing, you hereby agree to defend, indemnify and hold harmless
Phenu.com and its licensors and their respective affiliates and each of their directors,
officers, agents, contractors, partners, representatives and employees, from and
against any loss, liability, threatened or actual claim, demand, damages, costs
and expenses, including reasonable legal fees, arising out of or in connection with
your Submissions, and/or your breach any of the restrictions in paragraph 6.2.
5.5 Phenu.com will fully co-operate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or location of anyone
posting any material in breach of these Website Terms.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links to third party websites (the “Third Party Sites”), on the Website are
provided solely for your convenience. If you use these links to Third Party Sites,
you will leave this Website. Phenu.com has not reviewed all of these Third Party
Sites and does not control (and is not responsible for these Third Party Sites or
their content or availability). Phenu.com does not endorse or make any representation
about the Third Party Sites, the material on them, and is not responsible for any
results that arise from using the Third Party Sites. If you decide to access any
of the Third Party Sites, you do so entirely at your own risk.
6.2 You may link to the Website homepage from a website owned by you, provided that
you do so in a fair and legal way which does not damage Phenu.com’s reputation or
take advantage of it. Phenu.com is not required to compensate you in any way for
linking to the Website.
6.3 You must not establish a link to the Website from a website that is not owned
by you or in a way that suggest a form of association with or endorsement by Phenu.com
where none exists.
6.4 The website from which you link to the Website must comply with the content
standards set out in these Website Terms.
6.5 Phenu.com has the right to withdraw the linking permission at any time and for
any reason, in its sole discretion.
7.1 While Phenu.com tries to ensure that information on the Website is correct and
current, we do not promise it is always accurate, current or complete. Phenu.com
may make changes to the material on the Website, or to the Services and prices described
in it, at any time without notice. The material on this Website may be out of date,
and Phenu.com makes no commitment to update that material. In particular, we do
not guarantee that the information provided and displayed on the Website such as
the menus and pricing is correct or up to date.
7.2 Phenu.com provides you with access to the Website and the Services on an “as
is” and “as available” basis only, and, to the maximum extent permitted by law,
we exclude all representations, warranties, conditions and other terms (including
any conditions implied by law which but for these Website Terms might apply in relation
to the Website and the Services).
7.3 Phenu.com does not warrant that the Website or any Website content will be uninterrupted
or error-free, that defects will be corrected or that the Website or the web server
hosting the Website will be free of viruses or other harmful components.
7.4 You are responsible for the security of your password that you used to register
with the Website. Unless Phenu.com negligently discloses your password to a third
party, Phenu.com will not be liable for any unauthorized transaction entered into
using your name and password.
8.1 Phenu.com may terminate or suspend (at our absolute discretion) your right to
use the Website and your use of the Services immediately by notifying you in writing
(including by email) if:
8.1.1 Phenu.com reasonably believes you have posted Submissions in breach of Section
6 (Visitor Material and Conduct);
8.1.2 Phenu.com reasonably believes that you have breached paragraphs 7.2, 7.3 or
7.4 (Links to and from other websites); or
8.1.3 if you breach any of these Website Terms.
8.2 Upon termination or suspension of your right to use the Website, you must immediately
destroy any downloaded or printed extracts from the Website.
9. LIABILITY AND INDEMNITY
9.1 Phenu.com, and any of our affiliated companies and the officers, directors,
employees, shareholders or agents of any of them, shall not be liable or responsible
for any amount or kind of loss or damage that may result to you or a third party
(including but not limited to any direct, indirect, punitive or consequential loss
or damages, or any loss of income, profits, goodwill, data, contracts, or loss or
damages arising from or connected in any way to business interruption, loss of opportunity,
loss of anticipated savings, wasted management or office time and whether in tort
(including negligence), contract or otherwise, even if foreseeable or if Phenu.com
is expressly advised of the possibility of such damage) in connection with the Services,
the Website or in connection with the use, inability to use or the results of use
of the Website, any Third Party Sites or the material on such Third Part Sites.
9.2 Phenu.com takes full responsibility for the content of the Website and for the
communication as set out in these Website Terms. Phenu.com’s customer care team
will, subject to your compliance with these Website Terms and cooperation, use all
reasonable efforts to resolve any problems you encounter via the Website including
the processing of all payments and chargebacks where appropriate. Phenu.com cannot
give any undertaking that the food and beverages ordered from the restaurants after
viewing the Website will be of satisfactory quality and any such warranties are
disclaimed by Phenu.com. Neither can Phenu.com give an undertaking that the estimated
location distances stated on the Website are accurate.
9.3 Nothing in these Website Terms excludes or limits our liability for death or
personal injury arising from Phenu.com's negligence, nor Phenu.com's liability for
fraudulent misrepresentation, nor does any other liability which cannot be excluded
or limited under applicable law. Nothing in the Website Terms affects your statutory
9.4 With the exception of any liability referred to in paragraph 10.3 above, Phenu.com’s
total liability to you in relation to your use of the Website and the Services that
we provide including (but not limited) to liability for breach of these Website
Terms and tort (including but not limited to negligence) is limited to an amount
mutually agreed and written by the participating parties.
9.5 If your use of the material on the Website results in the need for servicing,
repair or correction of equipment, software or data, you shall assume all associated
9.6 You agree to defend, indemnify and hold harmless Phenu.com, its licensors and
their respective affiliates, and each of their directors, officers, agents, contractors,
partners, representatives and employees, from and against any loss, liability, threatened
or actual claim, demand, damages, costs and expenses, including reasonable legal
fees, arising out of or in connection with your breach of these Website Terms or
your violation of any law or the rights of any third party with respect to the Website
or the Services. Phenu.com reserves the right, at its own expense, to assume the
exclusive defence and control of any matter otherwise subject to indemnification
by you hereunder, and you shall cooperate as fully as reasonably required by Phenu.com.
10.GOVERNING LAW AND JURISDICTION
These Website Terms shall be governed by and construed in accordance with the laws
of the Province of Ontario and the federal laws of Canada applicable therein. Disputes
arising in connection with these Website Terms (including non-contractual disputes)
shall be subject to the exclusive jurisdiction of the courts of Ontario.
11. ADDITIONAL TERMS
11.1 We are committed to protecting your privacy and security. All personal information
11.2 If any provision or part of a provision of these Website Terms is found by
any court or authority of competent jurisdiction to be unlawful, otherwise invalid
or unenforceable, such provisions or part provisions will be struck out and/or revised
of these Website Terms and the remainder of these Website Terms will continue to
11.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision
of these Website Terms will not be interpreted as a waiver of your or our rights
11.4 You may not transfer any of your rights or obligations under these Website
Terms without our prior written consent. We may transfer any of our rights or obligations
under these Website Terms without your prior written consent to any business that
we enter into a joint venture with, purchase or are sold to.
11.5 The headings in these Website Terms are included for convenience only and shall
not affect their interpretation.
12. OWNERSHIP OF PHOTOGRAPHIC IMAGES
12.1 All photographic images on the Website are copyright of Phenu.com, unless stated
12.2 All photographic images on the Website are protected under Canadian and foreign
copyright laws. You may not adapt, edit, change, transform, publish, republish,
distribute, and redistribute the photographic material on this website (in any form
or media) without Phenu.com’s permission.
12.3 Images other than those copyrighted to Phenu.com are subject to individual
licensing rights; Phenu.com may hold a non-exclusive license to use, reproduce,
distribute and modify these photographic images.
13. DATA MINING
13.1 The automated and/or systematic collection of data from the Website is prohibited.
14. ENFORCEMENT OF COPYRIGHT
14.1 Phenu.com takes a serious view of any infringement of its intellectual property
and will vigorously protect those rights.
14.2 If Phenu.com discovers that you have used its copyright materials in contravention
of the license above, Phenu.com will consider all legal remedies available to it,
including the commencement of legal proceedings.
15.1 You may not use any of the photographic images or graphic material on the Website,
in whole or in part, without written permission from Phenu.com.
15.2 You may request permission to use the copyright materials on this website by