INTRODUCTIONThe 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:
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- 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.
- 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.
- 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.
- 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.
- 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.
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