Last Updated: [3rd June, 2021] Acceptance of the Platform Terms and Conditions of Use. These terms of use (the “Terms”) are a legal agreement between you (“you”, “your”) and 12047268 Canada Inc. operating as Pumpkin Kart (“Pumpkin Kart”, “we” or “us”) governing your use of our platform (the “Platform”), including the website at www.pumpkinkart.com (the “Site”), mobile applications (collectively, the “App”), Bus Miles Rewards Points Program (the “Bus Miles Program”) and other products and services. By agreeing to these Terms or by using our Platform, you agree to be bound by these Terms, as they are amended from time to time, the documents referred to in them and our privacy policy, found at www.pumpkinkart.com/privacy (the “Privacy Policy”). If you do not agree with or accept any of these Terms, you should cease using the Platform immediately. These Terms may be supplemented or replaced by additional terms (“Additional Terms”) relating to specific content, promotions, redemptions or Products (as defined below) made available or supplied by us using the Platform. Additional Terms will be made available on relevant pages of the Platform. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms. By using this Platform, you represent and warrant that you are the legal age of majority in your jurisdiction of residence. If you do not meet all of these requirements, you must cease using this Platform immediately. The Platform The Platform enables you to order (collectively “Order”) products (collectively “Products”) from third party restaurants (“Restaurants”) or other third-party service providers (“Merchants” which includes “Restaurants” unless the context otherwise requires) and to receive the delivery of the Products from third-party drivers (the “Drivers”). You acknowledge and agree that Pumpkin Kart does not provide any Products or delivery services to you and that all Products are provided by independent third-party Merchants and delivery services are provided by independent third-party Drivers. Modifications to the Terms and Conditions and to the Platform We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these modifications. The information and material on this Platform, and the Platform, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period. Your Account and Security It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms. You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Platform owner's ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform. Restaurant Orders You may use the Platform to Order Products from Restaurants. Once an Order is placed, you may not change or cancel an Order. We, in our sole discretion, my reject or cancel your Order. The Restaurant may also reject or cancel your Order. If you would like to make a change to an Order, you can contact the Restaurant our customer service (at the email address below) and we will attempt to assist with the requested change. However, as noted in the previously paragraph, you are not entitled to change your Order and we do not guarantee that the requested change will be made. When you place an Order you will be provided with an estimate of the time your Order will be delivered. Delivery times are estimates only and neither Pumpkin Kart nor the applicable Restaurant or Driver guarantees that your Order will be delivered by the estimated time. You understand and agree that Orders are placed with the applicable Restaurant and delivered by third party Drivers. Pumpkin Kart is not responsible for the fulfillment of an Order, including delays or food quality issues. As such, if you have an issue with your Order or Products, you must contact the Restaurant directly to attempt to resolve the issue. Alcohol Orders You may use the Platform to order alcohol, including spirits, beer and wine, to a residential or private address. By submitting an Order for alcohol, you represent that you are 19 years of age or older and you are not purchasing alcohol for anyone who is younger than 19 years of age or any other person. In order to complete the delivery, the person who accepts the delivery must (a) be 19 years of age or older and (b) present a valid, government issued photo identification which sets out their date of birth. We and our Drivers reserve the right to refuse the delivery of alcohol for any reason including, without limitation, if you fail to comply with the conditions set out in this paragraph, if you or the person who accepts delivery appears to be intoxicated; if we or the Driver suspect the alcohol was purchased for or may be consumed by an individual below the legal drinking age; or if doing so may cause us to violate our legal obligations. You may return an alcohol Order within 3 days if the alcohol has not been opened, it is in saleable condition and provided that it is accepted for return by the alcohol retailer. We will issue a refund to you within five (5) business days of acceptance of the return by the retailer. Any service or delivery charges for the Order are non-refundable. You will also be charged an additional service or delivery charge in order for us to pickup and process the return. Event Ticket Orders No cancellation is permissible under any circumstances with the exception of event cancellation. All tickets are non-transferable and non-refundable. A valid physical ID card is a must for entry to the event venues. No digital or photocopies are acceptable. Payment You agree that, upon acceptance of your Order, Pumpkin Kart may charge the payment method which you have provided to us, including applicable taxes. All payments are nonrefundable, other than (a) payments for Orders which are subsequently rejected or canceled by us or the Restaurant; and (b) payments for an alcohol Order which we or our Driver refuses to deliver, provided that any delivery or service charge for the alcohol Order is non-refundable. You are responsible to ensure that all payment information which you provide to us is current, complete, and accurate. You acknowledge that payments may on the Platform may be processed by such third-party payment processor as Pumpkin Kart may determine from time to time.
Bus Miles Rewards Points Through the Bus Miles Program, you may earn Bus Miles Rewards Points (“Points”) when you Order Products through the Platform. You may use the Platform to redeem Points for “PRESTO vouchers” or other rewards that we may offer from time to time (“Rewards”). Rewards may be subject to Additional Terms related to expiration, termination or other conditions which will be displayed to you at the time of redemption. Points have no cash, monetary or other value and cannot be converted into any currency except as we, in our sole discretion, permit from time to time. Points are personal to you and may not be exchanged or transferred except as we, in our sole discretion, permit from time to time and upon payment of such fees as we may impose, from time to time. We may suspend or terminate your participation in the Bus Miles Program if we determine, in our sole discretion, that you violated these Terms, used your account in an unauthorized, deceptive, fraudulent or otherwise unlawful manner. If your account is suspended terminated, all of your accumulated Points will be forfeited. We reserve the right to unilaterally terminate or amend the terms of the Bus Miles Program. We assume no liability to you by reason of the termination of or any amendment to the Bus Miles Program. You are responsible for any taxes, levies or other charges imposed by or with the authority of any government or governmental authority in respect to any Points benefit. Intellectual Property Rights and Ownership You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Pumpkin Kart, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. The “Pumpkin Kart” and “Busmiles” name and logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Pumpkin Kart or its affiliates or licensors. You must not use such marks without the prior written permission of Pumpkin Kart. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable law and could subject the infringer to legal action. Users are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform. Nothing in these Terms grants you any rights in the Platform other than as necessary to enable you to access the Platform. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except as permitted by us under these Terms or as expressly provided under applicable lawand/or under any Additional Terms. Any use of the Platform not expressly permitted by these Terms or under applicable law is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. User Content As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms. The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Platform, to other users or other persons (collectively, "User Content"). Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations and these Terms. Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Content shall not:
In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, disparaging, offensive, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Pumpkin Kart's sole discretion.
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable law.
Involve, provide or contribute any false, inaccurate or misleading information.
Impersonate or attempt to impersonate Pumpkin Kart, a Pumpkin Kart employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Pumpkin Kart or users of the Platform or expose them to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Content: Grant of Licence None of the User Content you submit to the Platform will be subject to any confidentiality by Pumpkin Kart. By providing any User Content to the Platform, you grant us and our affiliatesand service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content. By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content comply with applicable laws and regulations and these Terms. You understand and agree that you, not Pumpkin Kart nor Pumpkin Kart's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors or assigns (collectively the “Pumpkin Kart Parties”), are fully responsible for any User Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Platform. Monitoring and Enforcement, Suspension and Termination. Pumpkin Kart has the right, without provision of notice to:
Remove or refuse to post on the Platform any User Content for any or no reason in our sole discretion.
At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms.
YOU RELEASE AND HOLD HARMLESS THE PUMPKIN KART PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY PUMPKIN KARTAND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER PUMPKIN KARTOR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES. We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. No Reliance The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. Your use of the Platform is at your own risk and the Pumpkin Kart Parties have no responsibility or liability whatsoever for your use of this Platform. This Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Pumpkin Kart, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Pumpkin Kart. The Pumpkin Kart Parties do not have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials. Third Party Websites For your convenience, this Platform may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. Geographic Restrictions The owner of the Platform is based in in Canada. We provide this Platform for use only by persons located in Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. Release You release and hold harmless THE PUMPKIN KART PARTIES from and against any claim, cause of action or demand of any nature whatsoever arising from your use of the Platform. Disclaimer of Warranties YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE PUMPKIN KARTPARTIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, THE PUMPKIN KART PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. Limitation on Liability EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE PUMPKIN KART PARTIES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR MOBILE APPLICATIONS OR SUCH OTHER THIRD-PARTY WEBSITES OR MOBILE APPLICATIONS, NOR ANY CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. If, notwithstanding the previous paragraph, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Platform exceed One Hundred Canadian Dollars ($100.00 CAD). Indemnification To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Pumpkin Kart Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to your breach of these Terms or your use of the Platform, including, but not limited to, your User Content, third-party sites, any use of the Platform's content, services, and products other than as expressly authorized in these Terms. Dispute Resolution and Arbitration Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to the Platform, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at the email address specified below and to you at the email address associated with your account. To the maximum extent permitted by law, both you and Pumpkin Kart agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration against the other party If you and Bus Miles are unable to resolve the Dispute, the Dispute shall be determined exclusively by binding arbitration. The arbitration shall be conducted in the City of Toronto by a single arbitrator jointly selected by the parties. In the event of a Dispute in which the amount claimed is less than $100,000 CAD, the arbitration shall be resolved using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. or such other rules as may be agreed by the parties. The parties shall be responsible for their own legal costs and shall share the costs of the arbitration equally, subject to an award of the arbitrator to the contrary. Governing Law and Jurisdiction These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions and notwithstanding your domicile, residence or physical location. Subject to the dispute resolution and arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Platform or these Terms. You agree not to commence any such action or proceeding except in Toronto, Ontario, Canada. Notice Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at support@pumpkinkart.com and all notices from us to you will be displayed on our Platform from to time or sent to you at the email address associated with your account. Waiver No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. Severability If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. No Assignment You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person. Entire Agreement The Terms, our Privacy Policy and any applicable Additional Terms constitute the sole and entire agreement between you and Pumpkin Kart regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Contact Should you have any questions regarding these Terms, you may contact us at support@pumpkinkart.com.
Hi there, 
