These Terms of Use govern your use of the website and mobile application provided by Domlii Inc. Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood, and accepted the Terms, including any additional terms and conditions and any policies referenced herein, available on the Platforms, or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.
The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g., companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from the parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
Assent & Acceptance
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DOMLII.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and access to the Services and may subject you to civil and criminal penalties.
Domlii
What we do
Through our Platforms, Domlii links you to the vendors (“Vendors or Restaurant”) for you to order a variety of meals to be delivered to you. When you place an order for Goods from our Vendors (“Order”), Domlii acts as an agent on behalf of that Vendor to facilitate, process, and conclude the order and subsequently for either the Vendor or us to deliver your order to you.
How to contact us
For customer support, you may reach out to us via e-mail.
Utilization of Platforms and the Domlii Account
To access the Platform, you must first create an Domlii account. When you create an Domlii account, we will request personal information from you, including a valid e-mail address, a mobile phone number, and a unique password. To purchase an Order, you may be required to provide us with your credit card information, depending on the payment method you choose. Your unique password should never be shared, and you agree to keep it always secret. You are solely responsible for maintaining the security of your password. Except in instances of fraud or abuse that are not your fault, you acknowledge that you are solely responsible for all Orders placed through your Domlii account.
Domlii shall not be liable for Orders that are delayed in delivery because of your incomplete, incorrect, or missing information. You are required to provide complete, accurate, and truthful information for the order’s proper processing, including your delivery address and contact information.
If you wish to delete your Domlii account, please contact us via e-mail. We reserve the right to restrict, suspend, or terminate your Domlii account and use of the Platforms if we have reasonable grounds to believe that: someone other than you is using your Domlii account; or if you are suspected or discovered to have engaged in any activity or conduct that violates these Terms, our policies, and guidelines, or that constitutes an abuse of the Platforms in our sole discretion.
Restrictions
Activities Prohibited on the Platforms
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Domlii reserves the right to investigate and take appropriate legal action against anyone who, in Domlii’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
using the Platforms in a manner that is inconsistent with applicable local, state, or federal laws or regulations.
posting any content that violates a third party’s intellectual property, privacy, publicity, trade secret, or other rights.
Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or humiliating to any other person or entity, as determined solely by Domlii or in accordance with local community standards.
Posting content that Domlii determines to be cyber-bullying at its sole discretion.
Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior is strictly prohibited.
I am posting any person’s telephone number, street address, or last name.
URLs to external websites or any HTML or programming code are not permitted.
I was posting anything that may be considered “spam” as determined solely by Domlii.
When posting content, impersonating another person.
Without their consent, harvesting, or otherwise collecting information about others, including e-mail addresses.
You allow another person or entity to use your identity to post or view comments on your behalf.
On the Platforms, harassing, threatening, stalking, or abusing another user.
Engaging in any other conduct that restricts or inhibits another person from using or enjoying the Websites, or that, in Domlii’s sole discretion, exposes Domlii, its customers, suppliers, or any other third party to any liability or detriment of any kind; or encouraging other people to engage in any prohibited activities as described herein.
Domlii reserves the right to do any or all the following but is not obligated to do so:
If an allegation is made that any content posted on the Platforms violates these Terms, we will investigate and, in our sole discretion, remove or request the removal of the content.
Takedown any content that is abusive, illegal, or disruptive, or that otherwise violates these Terms.
Suspend or terminate a user’s access to the Platforms or their Domlii Account upon any breach of these Terms.
Monitor, edit, or disclose any content on the Platforms: and
edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Domlii and third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Domlii’s trademarks on any other website not approved by us is strictly prohibited. Domlii will aggressively fully enforce its intellectual property rights of the law, including criminal prosecution. Domlii neither warrants nor represents that your use of materials displayed on the Platforms will not infringe the rights of third parties not owned by or affiliated with Domlii. Use of any materials on the Platforms is at your own risk.
Orders
When you place an Order with Domlii, Domlii will confirm it by sending you a confirmation e-maigvl with the Order receipt attached. Orders will include delivery fees and any applicable tax, if applicable (e.g., goods and services tax, value-added tax, etc.).
Minimum Order Value - Certain Vendors require a minimum order value (“MOV”) before placing and delivering an Order to you. If an applicable Order does not comply with the MOV, you will have the option of paying the difference or increasing the number of Goods in your Order.
Special Instructions – Domlii and the Vendor (as applicable) will make a reasonable effort to comply with any special instructions you provide in connection with an Order. If this is not feasible, possible, or commercially reasonable, Domlii and the Vendor reserve the right to proceed with the Order preparation following standard operating procedures. Neither Domlii nor the Vendor shall be liable for replacing or refunding an Order that does not adhere to your special instructions.
Allergens – Domlii is not required to make ingredient or allergen information available on the Platforms. Additionally, Domlii makes no guarantee that the Goods sold by Vendors are allergen-free. Please contact the Vendor before placing an Order on our Platforms if you have allergies, allergic reactions, or dietary restrictions and requirements.
Please keep in mind that the Vendor may impose additional terms and conditions on your order.
Before placing the order
You must provide your delivery address for the Platform to display Vendors in your delivery area.
After selecting a Vendor, you will be directed to the Vendor’s menu page, where you can select and add Goods to your cart.
Placement of the Order
Please follow the on-screen instructions after clicking ‘Checkout’ to complete an Order. You may be required to provide additional information to us for us to process your order. Before clicking “PLACE ORDER,” you must review and confirm that all the information you provide, including the amounts, delivery details, personal information, payment information, and voucher codes (if applicable), is true, accurate, and complete. When you receive an e-mail confirmation from us containing your Order receipt, your order has been successfully placed.
Canceling an Order
If you wish to cancel your order after it has been placed, please contact us immediately via our in-app customer support chat feature. You have the right to cancel your order if it has not yet been accepted by a Vendor.
Refunds
Online Payments Orders
You have the right to a refund for a canceled Order only if a Vendor has not yet accepted your order. Should you still decide to cancel your order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you, and you forfeit the delivery of your canceled order.
Prices and Payments
Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices, and you accept the offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may:
include GST, VAT, or such other equivalent tax; or
exclude GST, VAT, or such other equivalent tax.
A breakdown of the prices and additional charges is displayed before checkout. When you place an order, you agree to all amounts, additional charges, and the final ‘Total’ amount, which is displayed to you.
Delivery fees are chargeable on every order unless:
you opt to collect your order directly from the Vendor (“Pick-Up”).
you have a valid promotional or discount voucher and apply it at Checkout
Prices indicated on the Platforms areas at the time of each order and may be subject to change.
You can choose to pay for an order using any of the different payment methods offered on the Platforms, including:
Our payment partners: Visa, Mastercard, Apple Pay.
Such other payment methods we offer from time to time.
If you have existing credit in your Domlii account or valid promotional or discount vouchers, you can use this pay for part or all your order.
After an Order is successfully placed, you will receive an e-mail confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
Payment Methods
Domlii reserves the right, in its sole discretion, to add new payment methods and remove existing payment methods. If you elect to pay online, your payment will be processed by a third-party payment service provider (s). With your consent, we will store your credit card/payment information for future orders with our third-party payment service provider(s). Domlii does not maintain a record of your credit card or other payment information.
You must ensure that your credit or debit card has sufficient funds to cover the cost of an Order. To the extent required by law, Domlii is responsible for payments made through our Platforms, including refunds, chargebacks, cancellations, and dispute resolution, provided that such actions are reasonable and justified and in accordance with these Terms.
Delivery, Pick-Up, and Vendor Delivery
Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
Delivery Time
Domlii shall deliver your order to the delivery address provided by You. You may choose for your order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your e-mail confirmation, but delivery times shall vary depending on factors that are not controlled by us (e.g., order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate, and Orders may arrive earlier or later. To ensure that you do not miss delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the order once an order is placed.
Unsuccessful or Failed Deliveries
In cases where we attempt to deliver an Order, but we are unable to do so due to the reasons caused by you, including but not limited to:
no one was present or available to receive the order; or
the customer was uncontactable despite attempts to reach the customer via the phone number provided; or
lack of appropriate or sufficient access to deliver the order successfully.
lack of a suitable or secure location to leave the order; or
In the case of Restricted Goods, the customer did not meet the statutory age requirements, or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
No-show Cancellations
If you remain uncontactable or fail to receive the order within ten (10) minutes from the time the order arrives at your delivery address, Domlii reserves the right to cancel the order without refund or remedy to you.
Wrong Order, Missing Items, Defective Goods
Upon receipt of your order, if you discover that there are issues with your order (e.g., wrong order, defective order, or missing items), please contact customer support via one of the methods indicated above immediately. In some cases, Domlii may request photographic proof and additional information to investigate the issue with your order correctly. If we determine that the Order and Goods you received are not of satisfactory condition or quality, we will compensate you for your order or parts of your order.
Order Pick-Up
Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises (“Pick-Up”) instead of having the order delivered to You. Your e-mail confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the order to you if you fail to Pick-Up your Order within the Holding Time.
In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in the condition of the Goods (e.g., changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund, or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and defects to the Vendor before leaving the Vendor’s premises.
Vendor Delivery
In some cases, our Vendors will deliver the order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. Domlii shall not be responsible in any way for Orders or Goods that are delivered by Vendors.
Vouchers, Discounts, and Promotions9 Vendors may be owned and operated by third-party vendors, our affiliate companies, or us.
From time to time, Domlii may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in some instances, may only be used once.
Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to Vouchers.
Unless otherwise stated, Vouchers can only be used on our Platforms.
Vouchers cannot be exchanged for cash.
Domlii reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual restaurants terms & conditions apply
We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
Representations, Warranties, and Limitation of Liabilities
Representations and Warranties
You acknowledge and agree that the content on the Platforms is provided on an “as is” and “as available” basis and that your use of or reliance upon the Platforms and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While Domlii makes reasonable efforts to ensure the provision of the Platforms and the services we offer are always available, we do not warrant or represent that the Platforms shall be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects, or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications, or events of force majeure.
Limitation of Liability
To the extent permitted by law, Domlii (which shall include its employees, directors, agents, representatives, affiliates, and parent company) exclude all liability (whether arising in contract, in negligence, or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Domlii entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Domlii entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Domlii, the Domlii entities, its agents, representatives, and service providers’ liability shall be limited to the extent permitted by law.
Vendor’s representations
Domlii shall neither be liable for actions or omissions of the Vendor nor you regarding the provision of the Goods and where Vendor Delivery applies to your order. Domlii does not assume any liability for the quantity, quality, condition, or other representations of the Goods and services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos, and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
Vendor Liability
Vendors are responsible for the preparation, condition, and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for the delivery of the Goods and Orders. Domlii shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
Personal Data (Personal Information) Protection
You agree and consent to Domlii and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms and shall form a part of these Terms.
Third-Party Links and Websites
The Platforms may contain links to other third-party websites, and by clicking on these links, you agree to do so at your own risk. Domlii does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Domlii accepts no liability or responsibility for any loss or damage you may suffer in relation to your access and use of these third-party links and websites.
Termination
Domlii has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Domlii, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Domlii may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
Amendments
Domlii may amend these Terms at any time at its sole discretion. The amended Terms shall be effective immediately upon posting, and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you disagree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
Governing Law and Dispute Resolution
Governing Law. These Terms of Condition will be governed by the laws of Canada, unless you access the Domlii Platform or receive the Domlii Services, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Domlii Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use the Domlii Platform, the Domlii Services, or the Content, notwithstanding your domicile, residency, or physical location. The Domlii Platform, the Domlii Services, and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
Dispute Resolution Process.
Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Domlii or any members of the Domlii Group, including any dispute or controversy arising out of or relating to these Terms of Use, the Domlii Platform or Domlii Services, any interactions or transactions between (1) you and (2) Domlii or any members of the Domlii Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a “Dispute”), the disputing person will serve notice on the other person and each you and us must use reasonable faith efforts to resolve the Dispute informally.
Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and we agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary, acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Domlii will pay the reasonable arbitration costs.
Except to the extent restricted by applicable law, you and we agree that you and we will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity, and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity or bring, join, or participate in a class-action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Domlii Group.
Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.
GENERAL PROVISIONS:
JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of Canada without giving effect to any principles of conflicts of law. The Courts of Canada shall have exclusive jurisdiction over any dispute arising from the use of the website.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be given, sold, leased, or otherwise assigned by us, the rights, and liabilities of domlii.com will bind and inure to any assignees, administrators, successors, and executors.
NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, actions of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
Contacting us
Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the website or e-mail us at support@domlii.com
Domlii Inc
Canada
This document was last updated on November 23, 2021
