Terms of Service

INTRODUCTION

The following terms of service (the “TOS”) which incorporate a “Privacy Policy”, form a binding agreement between Whistler Dine In Inc (“Whistler Dine In”, “WDI”, “We’, “Our” and “Us”) and You, a user of this site, and govern Your use of our services facilitated through our website located at https://www.whistlerdinein.com, as well as other Provided Content (as defined below) owned or operated by or on behalf of us (“Services” or “Site”) for the purpose of ordering food, beverages and/or other items to be delivered to an address provided by You (whether your own or that of a third party) upon payment by You to WDI, and for other purposes permitted by WDI (“Order” or “Ordering”) as well as for the purpose of You creating and sharing reviews, photos and/or videos of providers, menu items and services (“Content”).

PLEASE READ OUR TOS CAREFULLY BEFORE USING ANY OF OUR SERVICES. Our Terms of Service and Privacy Policy explains what information we collect, how we use it and who we share it with. We strive to make Whistler Dine In’ Terms of Service readable and have tried to provide explanations for the more unusual legal terms. If You have terminology questions not covered here, Law.com’s glossary may help, though we cannot vouch for the accuracy of outside sources, including those referenced in the ToS.

By using the Services, including by placing an Order, You are agreeing to our TOS; in order to provide You with information, accept and process Your order, deliver it and make recommendations to You regarding future orders, we have to process certain data and information including Personal Data that we collect from our Users, and that each User inputs. In order to operate the site, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes Your username, Your email address, Your IP information and any personally identifying information You enter on the Service, including information that You put into Your profile, such as Your email address, and other Content such as reviews that You may submit to the Service.

By using Whistler Dine In, You consent to our collection, processing, retention and display of Your Personal Data as set forth and explained in these Terms of Use so we can maintain the integrity of the Service and the content that we host; provide You with the content that You are seeking; minimize spam; alert You of new products or services, features, or enhancements; handle Your questions or issues; administer promotions, contests and sweepstakes; display relevant marketing to You; provide You software and application updates and upgrades; to combat fraud and abuse; notify You of promotions, updates, or special offers that we think may interest You; to preserve the integrity of the Service; when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process, or when we have a good faith belief that doing so will help prevent imminent harm to someone; and for various legal and accounting/audit reasons. We also use information in the aggregate to understand how our users as a group use the services and resources provided on our Services.

Additional terms and conditions may apply when You access information created by or for Whistler Dine In via an affiliate services or third-party, including but not limited to Facebook, Twitter, YouTube, Twitter, Tumblr, Yahoo, Google and more, and which are hereby made a part of our TOS and are expressly incorporated herein by this reference; You only agree to the terms of and/or regarding third party sites if You use or access information on or via those sites or services. If Our terms of these Terms of Service differ from the Privacy Policy, then the Terms of Service will control.

If You submit information to WDI for purposes of seeking employment with WDI as an employee or contractor, WDI reserve the right – but do not have a duty – to retain it in the manner in which WDI retain similar business records, and reserve the right to use such information for purposes of determining Your suitability for the position You seek.

If You do not agree to any aspect of our TOS, You must discontinue use of our Services. You should print or otherwise save a copy of our TOS for Your records.

You acknowledge that our TOS is supported by good and valuable consideration including but not limited to Your use of the Services and receipt of data, materials and information available at or through the Services. If You order food, beverage or merchandise delivery, You are entering into a contract with WDI where You are paying us for the delivery to You or Your designee of whatever You have ordered; as part of this contractual relationship, You affirm our right to collect, use, process and retain any information or data that You submit to us, including Personal Data and/or data that falls into the definition of Specific Categories of Personal Data, pursuant to the terms set forth in WDI’ Privacy Policy.

We may update or change our TOS from time to time and recommend that You review our TOS on a regular basis. The most current version of our TOS may be viewed at (our link to TOS). If We make a change to our TOS, the revised version of our TOS will be posted on our Website, and We reserve the right to send notification of such change to any email address submitted to WDI by You; Because this information is important to Your interaction WDI and Your use of the Services, You may not opt out of receiving these communications. You understand and agree that Your continued use of our Services after our TOS have changed constitutes Your acceptance of our TOS as revised.

Whistler Dine In is not the retailer of any products offered by Restaurants. Our responsibility to You is limited solely to facilitating a platform wherein You the user are able to request and have delivered the food, beverage and or merchandise products of Your choice by a Whistler Dine In contractor. The Restaurants are solely responsible for preparing and packaging all products ordered through Whistler Dine In, and updating their menu prices. Each Restaurant is solely liable for the quality and freshness of its products, and Whistler Dine In does not verify the credentials, representations, products or prices offered by the Restaurants, and does not guarantee the quality of the product, or that any Restaurant or Restaurant product complies with applicable laws. Whistler Dine In shall not be liable or responsible for any products or services provided by Restaurants that are a cause of injury or that are unacceptable to or do not meet Your expectations in any manner.

You have come to WDI to see menus, order food or beverages or merchandise, and schedule a delivery for Yourself or someone else. In order to provide You with our Whistler Dine In Services, You have to provide us with certain information, and to streamline Your ordering experience, we collect and retain certain information about You as well:

  • When You create a Whistler Dine In account, which involves registering for our Services
  • If You subscribe to a mailing list, enter a contest, or contact us;
  • When You place an Order
  • When You interact with one of our Partners, a Restaurant or another service provider on the Service; and
  • When You pay for an Order.

YOUR ACCEPTANCE

BY PLACING AN ORDER ON OUR WEBSITE, You accept to pay all charges described to You at checkout including, the total for Your order from one of Our partnered restaurant(s) or merchant(s), Our delivery charge(s), Our driver gratuity(ies) as well as any applicable tax(es).

PAYMENT SERVICE AUTHORIZATION

You may be asked to provide us with a credit card number from a card issuer or other payment information that we accept in order to activate and/or pay for any fees related to the Service. We may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement. If you order from a Restaurant or other service provider, and do not answer the door or open the gate at the address provided by you, the Whistler Dine In driver has the right to leave the ordered item(s) and charge the order, any service/delivery charge and taxes related thereto, and an 15% gratuity, to the credit card number provided by you in connection with your order and the Service. Any pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge.

If at any point WDI collects credit card billing information from You, said data will be transferred using techniques considered commonplace by our processing partner(s) and any data that we use, store, process or retain will be handled pursuant to our Privacy Policy. Credit card information will be treated as ephemeral data by WDI and will solely be processed and, if applicable, stored by our partner(s) in use at the time of the transaction. Credit card information will be stored at time of a transaction or at any given time if a user makes the decision to associate a payment method with their account.

All payments must be made by VISA, MasterCard, Discover or American Express. Your card issuer agreement governs Your use of Your designated card, and You must refer to that agreement and not this Terms of Use to determine Your rights and liabilities as a cardholder. YOU, AND NOT WDI, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by WDI or its agents.

WDI shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. WDI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, WDI agree to promptly issue a credit to Your credit card account in the amount of the charge.

OUR REFUND POLICY

Unless prohibited by law, in the event that Whistler Dine In is found responsible for any error in Your order or the amount You were charged, You are entitled to a credit, provided it is brought to our attention within 30 days of Your order date. If You do not raise the issue within 30 days of Your order date, You waive the ability to receive a credit for any error.

TRANSACTIONS INVOLVING ALCOHOLIC BEVERAGES

British Columbia permits the ordering and delivering of alcoholic beverages. In such, by placing an order for an alcoholic beverage, You expressly represent and warrant that:

  • You are of Legal Age;
  • You will provide legally issued identification showing Your Legal Age to Your driver upon delivery to You;
  • You are purchasing alcoholic beverages for personal consumption and not for resale or any other commercial purpose; and
  • You are not procuring alcohol from Alcoholic Beverage Suppliers for person(s) under the Legal Age.

If You order alcohol products, You understand and acknowledge that neither Whistler Dine In nor the driver can accept Your order of alcohol, and the order will only be delivered if the food service provider accepts Your order.

Whistler Dine In reserves the right to report any actions by You that would violate alcohol beverage laws, including but not limited to misrepresentation of age and distributing or selling alcoholic beverages to person(s) under age 21, as well as Personal Data connected therewith, to law enforcement authorities.

OUR MATERIALS AND LICENSE TO YOU

Content and information on the Whistler Dine In website as well as on the third-party sites used by Whistler Dine In to provide You with information, coupons, special deals and news, is owned by a wide range of parties, including Whistler Dine In, users who submit content like photos, videos and reviews, and the stores and restaurants we deliver from (the “Provided Content”). The Provided Content is protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Whistler Dine In grants You a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials including Provided Content, for personal reasons including but not limited to delivery to a place of business, residence, hotel or other location, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement Any other use of the Provided Content is prohibited. With regard to Provided Content that is either (a) owned by Whistler Dine In or (b) hosted by Whistler Dine In, Whistler Dine In grants its users a license to use such Provided Content for personal and/or non-commercial purposes or pursuant to Fair Use on social media, in texts, on blog posts and on third party networks, sites, systems and social media. Nothing contained on the Sites should be interpreted as granting to You any broader commercial license to use any of the Provided Content and/or third party proprietary content on the Sites without the express written permission of Whistler Dine In or the appropriate third party owner, as applicable.

If You download any software or machine-readable Provided Content from WDI, You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Whistler Dine In reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites’ features, look and feel, and functional elements and related services.

MEMBER ACCOUNT

When You accept our TOS and complete our sign-up process, You become a Whistler Dine In account holder and we will create an Account Number so we can organize the data that we collect about Your Member Account to provide You with awesome service and deliveries. In order to create Your Member Account You will be required to select a password. Please choose a strong password and do not reveal Your password to others. You agree that You are responsible for keeping Your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under Your Member Account. If You suspect or become aware of any unauthorized use of Your Member Account please contact us. You should not share Your Member Account and/or password details with another person.

ACCEPTABLE USE POLICY

By accessing the Sites, You agree:

  • Not to use the Sites or the services or submit content to the Sites if You are an Age-Barred Individual as defined herein.
  • Not to use the site to cause nuisance, annoyance or inconvenience.
  • Not to attempt to impersonate another user or person, or a restaurant or store, or member of WDI’s team, including for purposes of placing false or fake orders
  • Not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Whistler Dine In.
  • Not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content including but not limited to the Provided Content.
  • Not to access the Sites or services using a third-party’s account/registration without the express consent of the account holder.
  • Not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any Whistler Dine In server.
  • Not to use the Sites in any manner that could damage, disable, overburden and/or impair any Whistler Dine In server, or the network(s) connected to any Whistler Dine In server, and/or interfere with any other party’s use and enjoyment of the Sites.
  • Not to use any information obtained from the Sites or the Whistler Dine In services in order to contact, advertise to, solicit, or sell to any user or restaurant or other service provider
  • Not to use the Sites or any Provided Content as part of an effort to compete with Whistler Dine In.
  • Not to use the software or services or Provided Content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any food service provider unless Whistler Dine In has given You permission in writing to do so.
  • Not to delete the copyright or other proprietary rights notice from any Provided Content or any portion of the Sites or Whistler Dine In’s services.
  • To report any errors, bugs, glitches, unauthorized access methodologies or any breach of IP rights that You uncover in Your use of software services.
  • Not to use the Sites for any illegal purposes including but not limited identity fraud, credit card fraud.
  • Not to use the Sites to purchase alcohol unless You and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying Your age at the time of alcohol delivery, or to facilitate the delivery of alcoholic beverages to anyone under the legal drinking age or who has otherwise been legally barred from ordering or procuring alcoholic beverages.
  • Not to sell or transfer Your User Profile.
  • To keep secure and confidential Your account password or any identification that We provide You.
  • Not to upload or transmit viruses or other harmful, disruptive or destructive files.

LICENSES AND INDEMNIFICATION

You shall not upload to, email to, distribute or otherwise publish through, or share with or through the Service any Content which is deemed by WDI, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by WDI in its sole discretion to be advertising or “spam”.

If You send or post comments, reviews, images or videos (the “User Submission”) on, to or at any page or site hosted, managed or controlled by WDI including the Site, and any of WDI’ Facebook pages, or if You directly communicate with WDI via email, a comment form, Twitter, or on Instagram, tumblr or another social media service including by tagging WDI, You grant the WDI a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant WDI the right to include and/or use the user name that You submit with Your User Submission, if any, in connection with such User Submission, whether on the Service or in any other media, and that no additional consideration or credit needs to be provided to You by WDI and/or any licensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to WDI’ social media platforms where the content meets the standards articulated in this TOS. If You believe that a user has violated the terms of these Terms of Use, it is not Your responsibility to call them out on it publicly; instead, please contact WDI. WDI shall have the right (but not the obligation) in its sole discretion to refuse or move any User Submission and/or block access by the public to any User Submission that violates the TOS or is otherwise deemed objectionable in WDI’ sole discretion. Although we try to maintain a safe environment on our social media platforms and the Services,, we are not responsible for the posts of any user and disclaim any liability for such posts. You acknowledge that WDI are not obligated to pre-screen User Submissions and may not review User Submissions for purposes of compliance with the TOS or any other policy. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON ANY OF THE WDIS’ SOCIAL MEDIA PLATFORMS.

No User Submission shall be include any material which is deemed by WDI, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by WDI in its sole discretion to be advertising or “spam”. You acknowledge that by using the Service, You may be exposed to material that is offensive, indecent or objectionable.

You recognize that some content on this site, including all User Submissions, represents the opinions of the individual who has created such content, and is not endorsed by this site in any way. WDI do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any third party including any restaurant, user, information provider or any other person or entity. You acknowledge that any except as otherwise provided herein regarding pricing, any material You download, view, or otherwise access through the Service is at Your own risk, and You will be solely responsible for any damage or loss of data that results from the download of any such material.

By transmitting a User Submission, You represent and warrant that the User Submission and Your communication thereof conform to our TOS and that You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such User Submission in all manners contemplated by these terms of service (including the Submissions License). To the extent that We solicit User Submissions through features, contests or activities on or through the Services, We hereby grant You a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) only for the purpose of creating a User Submissions; provided that such license shall be conditioned upon Your assignment to WDI of all rights in the work You create. If such rights are not assigned to us, Your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not Your User Submissions are used by us. You hereby appoint us as Your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. You agree that any User Submission You make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and us in any way, and that You have no expectation of any review, compensation or consideration of any type.

You understand that the technical processing and transmission of the Site, including Your Content contained therein, may involve transmissions over various networks, and may require changes to Your Content in order to conform and adapt to the technical requirements of connecting networks or devices.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers You may make with respect to Submissions, and to the extent allowed by applicable law, You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Submissions submitted by You to uu.

You agree to indemnify and hold harmless the Whistler Dine In and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) Your User Submission; (b) Your misuse of the Website, Software or Services; (c) Your violation of this Agreement; (d) a claim, which if true, would constitute a violation by You of Your representations and warranties; (e) a claim alleging Your negligence or willful misconduct related to the Site or Your User Submission; (e) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services including but not limited to laws regarding underage purchases of alcohol. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, You agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses, and You may not settle any claim without the prior written consent of WDI, which shall not be unreasonably withheld. This provision does not require You to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Website, Software and/or Services. You agree that WDI shall not be liable to You or any third-party for any termination of or limitation on Your access to the Services.

ALERTS

Customers placing orders will receive email or textual alerts about each order placed on the Sites and/or pop-up notices if You have the Whistler Dine In App installed on Your mobile device or computer. Additionally, You may receive additional emails following receipt of a delivered order soliciting feedback relating to that order, or recommending restaurants and/or food/beverage items to You based on prior orders and other interactions with Whistler Dine In and our partners.

THIRD PARTY INTERACTIONS

Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for restaurants and our other partners (“Third-Party Advertisements”) for third parties (collectively and individually, “Third-Party Content”). When You click on a link to Third Party Content, the Company will not warn You that You have left the Company’s Website or Services and will not warn You that You are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Content is not under the control of the Company. The Company is not responsible for any Third-Party Content.

GLITCHES CAN HAPPEN

The Company’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or delivery of advertisements, if applicable. In addition, You must provide and are responsible for all equipment necessary to access WDI in any medium or via any service.

COPYRIGHT POLICY

Whistler Dine In respects the intellectual property of others, and We ask all of our users to do the same. If You believe that Your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Whistler Dine In’s Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  • Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
  • Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  • A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

DRIVER APPLICANTS

If You are or have ever been a Whistler Dine In driver or contractor, these Terms of Use incorporate by reference Your WDI Driver Agreement with the same force and effect as if set forth herein, and thus constitutes part of this agreement.

RESTAURANT PARTNERSHIPS

If You are or ever have been a restaurant, merchant or other Whistler Dine In partner, these Terms of Use incorporate by reference Your Partnership Agreement and/or Collaborative Agreement with the same force and effect as if set forth herein, and thus constitutes part of this agreement. Restaurants that Whistler Dine In has partnered with are deemed “Partnered Restaurants” for purposes of this Agreement; Whistler Dine In’ relationship with any Partnered Restaurants is pursuant to a separate agreement and may be changed without notice to our customers.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WHISTLER DINE IN BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WHISTLER DINE IN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. WHISTLER DINE IN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR APP. WHISTLER DINE IN ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL WHISTLER DINE IN’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE AMOUNT PAID BY YOU TO WHISTLER DINE IN OR A MERCHANT, IF ANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AND WHISTLER DINE IN AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND WHISTLER DINE IN AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

You UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY AND THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS ON DAMAGES AND MANDATORY MEDIATION OF DISPUTES. YOU AGREE THAT OUR LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY IS LIMITED TO THE SUM OF $100, BUT ONLY TO THE EXTENT THAT SUCH CLAIM IS NOT OTHERWISE BARRED BY THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS AGREEMENT.

MISCELLANEOUS

GOVERNING LAW

You acknowledge and agree that Your access to and/or use of the Sites, the Materials, Provided Content and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. User agrees to jurisdiction in Broward County.

DISPUTE RESOLUTION

Arbitration

You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to Your use of the Sites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding arbitration. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that You and Whistler Dine In are each waiving the right to a trial by jury. You further acknowledge and agree that You waive Your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Whistler Dine In otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service including the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration Rules

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on You and the Company.

TERMINATION

At its sole discretion, the Whistler Dine In may modify or discontinue the Services, or may modify, suspend or terminate Your access to the Software or the Services, for any reason, with or without notice to You and without liability to You or any third party. In addition to suspending or terminating Your access to the Software or the Service, The Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after Your right to use the Software is terminated, this Agreement will remain enforceable against You. You may terminate this Agreement at any time by ceasing all use of the Software and Services. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Licenses, Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.

PRIVACY POLICY

You understand that by using the Service, You consent and agree to the collection and use of certain information about You and Your use of the Service in accordance with our Privacy Policy.

Your security is our leading priority and we take industry-standard precautions to protect Your information. Therefore, if payment is made by credit card, data such as the credit card number, sort code, account number, name and address are transmitted to Stripe via a secure SSL connection. As a result, no unauthorised persons are able to read the data You have entered online, and we do not store Your credit card information on our servers; all payment processing is done via Stripe pursuant to their Privacy Policy and Terms of Service and via Paypal pursuant to their Privacy Statement.

Your Information.

For purposes of these Terms of Use and any agreement with WDI that incorporates them by reference, “Personal Data” is defined as personally identifying information, including but not limited to a username, account number, email address, IP information and any personally identifying information entered by a User on the Services including address and payment information.

“Special Categories of Personal Data” is defined as data revealing health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. We will never ask You for information that falls into “Special Categories of Personal Data” except in connection with allergies, but in the event You ask us to deliver items to a location such as a house of worship, a hospital, a campaign office or a picket line, You may be providing such information incidentally; You consent to our use of data included in these Special Categories of Personal Data in the same way that We use Your Personal Data.

We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify Your browser, mobile device, or Your account (including, for example, a persistent device identifier or an Ad ID), and other similar information; You consent to such collection so that we can perform services to You in connection with an Order (which is a contract between You and Us) and/or so we can provide You with relevant and/or requested Provided Content, data, information and Services.

Your Information, including Personal Data, is collected, processed, used and archived pursuant to our Privacy Policy.

In order to use WDI’ Services, You may from time to time provide personally identifying and other forms of information, including, but not limited to, Your name, street address, email address, phone number, and other contact information. In addition, We and our third party service providers may collect Your billing, shipping, and other information, and We may collect other supplemental information from third parties. You can always choose not to provide any information, but then You might not be able to take advantage of many of WDI’ products and services. Like most standard website servers, We use log files to collect Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, platform type, and date/time stamp. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine the relevance of content. IP addresses are also linked to personally identifiable information, to better the user’s experience when using the Website. Although, We have no obligation to do so, We may also retain any email, letter, or other correspondence between You and WDI and any representative or agent thereof, to ensure quality control.

Information supplied by You to WDI may be used to serve You and to operate and maintain Our services, and in performance of any contract You enter into with us including any order placed via the Sites. For example, We may use the information to respond to Your requests, to customize future use of the Website for You, to improve our Website, to make recommendations to You, to remind You of past orders, and to communicate with You. We may use Your email address or information without Your consent, for a range of purposes including managing, tracking, completing and confirming Your delivery, processing Your payment, marketing, quality of service and administrative purposes, and we reserve the right to share Your personally identifying information with any entity that You order products from via WDI, as well as our staff/employees/contractors/team and a currency/credit card processing company whose role is to bill users for purchases made via WDI. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific services. When a User signs up for such third-party services, we may share names or other contact information that may be necessary for the third party to provide those services.

We may use Your Personal Data in connection with information from You that is not Personal Data which we have collected in a manner such that the end-product does not personally identify You or any other user of the Service. We may make information that would otherwise be deemed Personal Data (e.g. the number of Users who have ordered from a particular restaurant, or who live in a particular zip code) non-personally identifiable by either combining it with information about other users (aggregating Your personal information with information about other users), or by removing characteristics (such as Your name or email address) that make the information personally identifiable. This process is known as de-personalizing or anonymizing Your information.

You Through this Terms of Use Agreement, You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use Your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we may partner with other companies to process payments for the Service. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures. You expressly authorize and consent that we can make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.

We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”).

In compliance with United States regulations regarding online privacy for children, WDI do not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual. Age-Barred Individuals are not permitted to have an account, use any Whistler Dine In website or app, or submit Content of any type to WDI. By using the Service and/or submitting an order, You thereby confirm that You are thirteen (13) years old or older, and not an Age-Barred Individual

Asking a parent or legal guardian to place an order does not mean said child has placed said order. If You are an Age-Barred Individual, Your parent or legal guardian may place orders through their account or as a Guest User.

By providing Personal Data (including email and delivery address information) on or via a WDI form, or on/through the Whistler Dine In App, You consent to the collection, storage and processing of the data provided by You manually, as well as IP information which we may use for localization, corporate compliance, legal and auditing purposes, in connection with WDI business purposes, such as data analysis, audits, fraud prevention, developing new services and/or features, enhancing and improving our Services, documenting usage, analyzing and researching user trends and researching/documenting the effectiveness of any promotional campaign; and to our sharing of that information with the entity You ordered from, as well as our dispatch and delivery personnel for purposes of delivering Your order, processing payment for that order, following up with You regarding Your order and making recommendations for future orders. You expressly consent to the storage of Your Personal Data in the United States. Your Personal Data and other information may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about you to recipients who are located, temporarily or permanently, in countries other than the country in which the Personal Data was originally collected. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

If You have any question about WDI’ security You can send an email to [email protected] Although We intend to use reasonable security safeguards to protect the security of personal information, WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ANY INFORMATION; THEREFORE, YOUR POSTING OR TRANSMITTING PERSONAL INFORMATION IS DONE AT YOUR SOLE RISK. If there is a breach in the security of WDI’ services that impacts or involves Your Personal Data, We will contact You at Your then-current email address; we are not responsible for contacting You in the event of a security breach by or at Your credit card company that does not involve Your Whistler Dine In account.

  • We collect personally identifying information such as Your IP address and e-mail address when You register for/create a user account with the Service, visit any of the sites and Services that are part of the WDI family of sites, or use any of WDI’ Services. We may use third-party services to store, process, or transmit data, or perform other technical functions related to operating the Service. These services may include spam detectors, backup services, icon hosting, and e-mail services; a list of third-party services is provided in our Subprocessor List. We cannot guarantee other services’ performance. We or the services we use store or process Your Personal Data in data centers located in the United States and may subcontract processing to, or share your information with, third parties located in countries other than your home country. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information.
    • Stripe – Payment Processing
    • Paypal – Payment Processing
    • Google – User data analytics and eventually login services
    • Facebook – Our Facebook page and eventually login services
    • SendinBlue – Marketing
  • We will use Your e-mail address internally for purposes of managing Your account and maintaining site integrity; in the event the Service allows Users to share photographs, videos and/or reviews of restaurants and other service providers, such Content will be connected to the User Name of the User submitting such content; if at that time You agree to allow Your e-mail address and/or User Name to be public, it will be public; if You opt to make it public, everyone has the ability to access it and use it for any purpose. We may occasionally send e-mails to You from WDI about Your account, Your orders, our recommendations to You, and news about WDI that we reasonably believe to be of use to our registered users. By creating and maintaining a User Account on and with WDI, You consent to receiving such emails. We reserve the right to reply to any e-mail message You send to WDI and/or its personnel.
  • We collect, process and retain the following data for the following reasons:
    • E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us, as well as whether You open emails or click the links contained in emails. We need this information so we can respond to You, and so we can handle questions about the Service, and for other legal and accounting/audit reasons including maintaining the integrity of the Service and the Provided Content that we host.
    • User-Specific Information: We collect data and information about what pages users access or visit including Your interactions with integral Service features such Orders and Your choices there, location information so we can direct You to WDI near You, referral information (i.e. data about what site You are coming to the Service from and where You go to when You leave WDI) and whether there are errors in displaying Provided Content to You. We need this information to maintain the integrity of the site, the Service and the Content that we host; to process Your orders and provide You with the items You ordered from our partners and third parties; to provide You with Content; to minimize spam; and for other legal and accounting/audit reasons.
      • You consent to our collection, processing and retention of Your Personal Data, Your Content, and personal information (the “User Information”) connected therewith, when You place an Order via WDI Services. You also acknowledge that we are collecting Your User Information pursuant to our performance of a contract between You and WDI for WDI to deliver to You what You Ordered. We need such consent because Your purpose in and reason for entering into the contract was for items to be Delivered to You. In order for WDI to perform under the Contract, Your User Information also needs to be accessible to those on WDI’ team who have access to our servers, code and operations and to WDI management, Personnel, and legal and accounting support teams, to maintain the integrity of the Service, enforce these Terms of Service and maintain the integrity of the Service.
      • In the event we allow Users to create public profile pages, You consent to our collection, processing, retention and display of Your user name to create said public profile page, and to our collection, processing, retention and display of any Personal Data and Content that You submit for inclusion on said Public Profile Page. We need such consent because Your purpose in and reason for including information in Your Profile is for that Personal Data and Content to be visible to the general public.
      • In the event we allow Users to write and share reviews of service providers, You consent to our collection, processing, retention and display of text that You submit as Reviews or Posts, as well as Your Personal Data associated therewith. We need such consent because Your purpose in and reason for submitting a Review is for that Content to be visible to the general public.
      • By use of the Services, You consent to our collection, processing, retention and use of Your IP address for a limited time; we need this consent to provide You with information about WDI nearest to You, and other location-based services. Temporarily collecting, processing, and retaining IP addresses also enables us to conduct internal management of the Services, maintain server and Service integrity, and reduce spam. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Service.
      • When You make a purchase via WDI, You will be asked to freely give informed and unambiguous consent that the Personal Data that You submit in conjunction with Your Order (“Order Information”) can be collected, processed and retained for purposes of enabling You to use services and tools that are available only to account-holders, as well as for site/Service integrity, legal and accounting/auditing purposes. Order Information includes Your credit or debit card number, card expiration date, CVV code, and billing/payment account address which are shared with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of payment methods including credit or debit cards.
      • After You create an account with the Services, we may work with third parties on statistical modelling tools that enables us to recognize and contact You across multiple devices.
    • Logs of server interactions, as well as event logs are collected and processed. Our servers automatically record information that Your browser sends whenever You visit the Service. This information includes Your Internet Protocol address, Your browser type and version, the search engine You used to find the Service, if any, referring and exit pages, date/time stamp and clickstream data, which Service You use and when and how long You use them. We use this information to monitor and analyze how users use the Service, to provide customer service, to maintain and improve the Service, and to gather demographic information about our user base as a whole. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Service and the Content that we host, and may use this information in our marketing and advertising services.
    • We use cookies to store visitors’ preferences; customize web pages based on visitors’ browser type or other information that the visitor sends; and record activity at the Service in order to provide better service when visitors return to our site. Cookies must be enabled for the Service to function properly with Your computer.

ACCOUNT TERMINATION AND DELETION

If for any reason You terminate Your user account with us, we will destroy active records containing Your Personal Data as soon as reasonably possible. “Reasonably” here means no more than thirty business days from the termination of the account; however, we may have to retain some information for a longer period as legal records or for auditing purposes, as we need to retain data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.

If You are a GDPR resident or citizen and ask us to delete Your account, we will remove Your Personal Data from our Service, and then from our records in accordance with our data deletion cycle, except that we may retain Personal Data where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a User’s request.

If we terminate Your license to use the Service, we may retain enough information to prevent You from signing up for the service in the future.

USE OF LOCATION-BASED SERVICES

Whistler Dine In may collect, use, transmit, process and maintain Your location data on a worldwide basis, including the geographic location of Your device, and You hereby consent that WDI’ collection, use, transmission, processing and maintenance of such location data to provide such services is permitted.

VIOLATIONS OF THE AGREEMENT

Whistler Dine In reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Sites from a particular account, device and/or IP address.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If We make a change to this Agreement, it will be effective as soon as We post it, and the most current version of this Agreement will always be posted on our TOS page. If We make a material change to the Agreement, We will notify You. You agree that You will review this Agreement periodically. By continuing to access and/or use the Sites after We post Updated Terms, You agree to be bound by the Updated Terms, and if You do not agree to the Updated Terms, You will stop using the Sites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. If WDI or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected; and, for any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, Your information might be transferred or disclosed to third parties.

GENERAL

Our TOS constitute the entire agreement between You and Whistler Dine In, govern Your use of the Services and completely replace any prior agreements between You and Whistler Dine In in relation to the Services. You may also be subject to additional terms and conditions that may apply when You use affiliate services, third-party content, or third-party software. If any part of our TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The delay or failure of Whistler Dine In to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

LEGAL AUTHORITY

To use and/or register for our Services You must be: (a) of legal age to form a binding contract with us, (b) not an Age-Barred Individual; and (c) not barred from receiving our Services under the laws of the United States or other applicable jurisdictions. WDI reserve the right to refuse service and refund any monies paid in such circumstances at their sole discretion.

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