Last updated November 14, 2023
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE ONLINE SERVICES AND MUST IMMEDIATELY UNISTALL THE APP. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILTY OF EDO.
- General Terms
Eligibility. YOU MUST BE 13 YEARS OR OLDER TO USE THE ONLINE SERVICES. If you are between the ages of 13 and the age of majority in your province/territory of residence, you may only use the Online Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Changes to this Agreement. We reserve the right, in our sole discretion and at any time, to revise and update this Agreement. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Online Services. It is your responsibility to ensure that you are aware of the current terms of this Agreement when you access or use the Online Services. Your continued use of the Online Services after any such changes come into effect will constitute your acceptance of such changes.
Suspension and Termination. We reserve the right, in our sole discretion and at any time and for any reason, with or without notice, to suspend or terminate your access to the Online Services and prevent your future access to and use of the Online Services. Edo will not be liable to you or any third party for any suspension, termination or prevention of your access to or use of, or your inability to access or use, any of the Online Services. Edo’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.
Modifications to the Online Services. We reserve the right to modify or discontinue, temporarily or permanently, the Online Services or any features or portions thereof without prior notice. You agree that Edo will not be liable for any modification, suspension or discontinuance of the Online Services or any part thereof.
- Security, Restrictions, Compatibility and Usage Costs
Transmissions over the Internet. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the privacy or security of any information transmitted over the Internet, including by email, though the Online Services, or otherwise. Any transmission of information over the Internet is at your own risk. We are not responsible for any damages suffered by you or others related to transmission of your information over the Internet.
Your Information. You are responsible for the completeness, security, confidentiality and accuracy of the information you provide to us, and you agree to provide only true, accurate, current and complete information and to update such information as necessary. To access and / or use certain features of the Online Services, you may need to create an account. You are responsible for using a unique password and maintaining the strict confidentiality of your username and password. You are not permitted to share access to your account and are solely responsible and liable for all activities that occur under your account. You agree to promptly notify us of any suspected or actual unauthorized access to or use of your username, password, or account. To notify us of the foregoing, or if you wish to delete your account at any time, please refer to Section 16 of this Agreement (Contact Us).
Restrictions on Use. You are prohibited from using the Online Services for any illegal, fraudulent or defamatory purposes or to take any steps that could undermine the security or integrity of the Online Services. Except as expressly permitted in this Agreement, you agree you will not (and will not allow any third party to): (i) rent, lease, copy, transfer, resell, sublicense, time-share, or otherwise provide access to the Online Services to a third party; (ii) alter, edit, modify or create derivative works of the Online Services or any portion of the Online Services; (iii) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Online Services; (iv) use the Online Services to store or transmit any code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and trojan horses; (v) interfere with or disrupt the integrity or performance of the Online Services or third-party data contained therein; (vi) attempt to gain unauthorized access to the Online Services or the related systems or networks; (vii) access the Online Services for the purpose of building a competitive product or service or copying the features or user interface of the Online Services, including any of our content; (viii) use the Online Services in any manner that violates terms of this Agreement; or (ix) remove or obscure any of Edo’s proprietary or other notices contained in the Online Services.
Compatibility & Usage Costs. You are responsible for any devices, software and services needed to access and use the Online Services. Edo does not guarantee that the Online Services will fully function on any particular device, from any particular location or with any particular software. You are responsible for any messaging and data charges, fees and taxes associated with your use of the Online Services, including when your download or access the Online Services and when we communicate with you by text, email or other means that you choose.
- Links to Third Party Websites
The Online Services may contain references or links to websites that are independently maintained by others. Because Edo does not control or monitor these third party websites, Edo makes no representations or warranties regarding, and assumes no responsibility for, these websites or any content referred to or included on these websites. A hyperlink to a third party website is for convenience only, and is not an endorsement or approval of such website, third party, or the third party’s products or services. Accessing a website via a hyperlink provided through the Online Services is entirely at your own risk.
- Edo Gift Cards
Edo may allow you to purchase Edo stored value cards (“Edo Gift Cards”) through the Online Services. For additional terms and conditions applicable to Edo Gift Cards, please visit: https://edojapan.com/gift-cards-terms-of-use/.
- Edo Cash™ Rewards Program
You may also have the option to register and participate in Edo’s rewards program, Edo Cash™ (the “Rewards Program”), through the Site and the App. The following additional terms and conditions apply if you participate in the Rewards Program (the “Rewards Terms”).
Eligibility. You must meet the age requirement for Online Services and register and activate an account on the App or the Site in order to participate in the Rewards Program.
Earning Coins. Once you have an account, you can earn 10 “Coins” for every CAD $1 dollar spent on qualifying purchases (see “Exclusions” below). In order to earn Coins on purchases made through the App or the Site, you must be logged into your account prior to and when placing your order. In order to earn Coins on in-store purchases, you must identify your account prior to completing your purchase by scanning your barcode or providing the phone number or email address associated with your account to the restaurant cashier while placing your order. If you do not properly identify your account prior to completing your purchase, you cannot earn any Coins for that purchase. Coins may not immediately post to your account.
Using your Coins for an Edo Cash™ Discount. Provided you have at least 1,000 Coins in your account, you can use your Coins towards orders you place online or in-store. You will unlock the equivalent of a CAD $5 dollar discount for every 1,000 Coins you accrue. The maximum number of Coins you can redeem on an order is a discount equivalent to the total value of that order.
Exclusions. You can only earn and use Coins at participating restaurants. You cannot earn Coins on the value of any Coins used towards a purchase and, unless otherwise stated, you cannot earn or use Coins on the following: (i) orders placed on third party delivery platforms, such as DoorDash, SkipTheDishes, or Uber Eats; (ii) purchasing or loading an Edo Gift Card (but when using an Edo Gift Card to make a purchase, you will earn Coins); and (iii) tips, donations, taxes and fees required by law, bag, cup and bottle fees or deposits, delivery fees, and other surcharges or fees.
Coin Expiration. All accrued Coins will expire if your account is inactive for 18 months. Inactivity is defined as no Coins earned or redeemed during such 18 month period.
No Cash Value / Non-transferrable. Coins accrued are promotional, have no cash value and cannot be redeemed for cash. Coins are personal to you and may not be sold, transferred or assigned to another account holder or otherwise.
Termination. Without limiting Edo’s other rights and remedies, Edo reserves the right to terminate your account and/or your participation in the Rewards Program without notice to you if you have violated this Agreement or if the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. In the event that your participation in the Rewards Program is terminated, all accrued Coins in your account will be void.
Bonus Offers. From time to time, Edo, or others acting with our permission, may offer new and different ways for you to earn and redeem Coins, including bonus offers or points accelerators (“Bonus Offers”). Bonus Offers may be subject to additional terms and conditions and are subject to change, and may be modified, suspended or terminated by Edo at any time without notice.
Changes to the Rewards Program. Edo reserves the right, in its sole discretion, to cancel, change, modify or discontinue the Rewards Program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, the Coin accruing or accumulation ratio, the Coin redemption policy, the Coin expiration policy, or any other aspect of the Rewards Program at any time, with or without advance notice, even though changes may affect Coins or other rewards already in your account.
We may provide or promote contests on or through the Online Services. If we do, those contests will be governed by the official contest rules, which you must comply with in order to participate. If there is a conflict between this Agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
- Orders for Delivery
This Agreement does not apply to orders you place through third parties such as DoorDash, SkipTheDishes, or Uber Eats. You must deal directly with those third parties to address any issues or questions you might have regarding the orders you place with them.
- Intellectual Property
Limited License to Use. Subject to the terms of this Agreement, Edo grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Online Services for personal use only in accordance with this Agreement.
Edo’s Intellectual Property. The names, slogans, logos, trademarks, service marks, domain names, and designations of Edo, the Online Services and all content and other materials therein, the arrangement and look and feel of the Online Services, any User Generated Content (as defined below), and any and all related documentation, technology, code, know-how, updates, modifications or derivative works of any of the foregoing, (collectively the “IP”) are Edo’s exclusive property. Except for the limited right to access and use the Online Services as set out herein, Edo retains all rights, title, and interests in and to the IP. Nothing in this Agreement shall be construed to grant you any other rights or licenses to the IP whether by implication, estoppel or otherwise. You acknowledge having been advised by us that the IP is protected in Canada and internationally by applicable law including, but not limited to, copyright laws, trademark laws, treaty provisions and other intellectual property, confidential information and proprietary rights laws.
User Generated Content. At times we may solicit or otherwise receive your comments, feedback, suggestions, ideas, photographs, videos, graphics or other information through the Online Services or otherwise (“User Generated Content”). By submitting any User Generated Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable license to freely reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform such User Generated Content, including to use it for any commercial or other purpose without restriction or any obligation to account to or compensate you or any other person. We are not required to consider, use or implement any User Generated Content, or to treat it as confidential.
- Warranties; Disclaimer
THE ONLINE SERVICES ARE MADE AVAILABLE ON AN “AS IS”, “AS AVAILABLE”, “WHERE AS” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EDO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, COMPATIBILITY, RELIABILITY, SECURITY, ACCURACY, QUALITY AND NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE.
EDO DOES NOT WARRANT THAT THE ONLINE SERVICES ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS, THAT THE ONLINE SERVICES ARE FREE OF DEFECTS, MALICIOUS CODE, VIRUSES OR MALWARE, THAT THE OPERATION OF THE ONLINE SERVICES WILL BE FREE FROM INTERRUPTION OR ERROR-FREE, OR THAT ERRORS OR DEFECTS IN THE ONLINE SERVICES WILL BE CORRECTED. THE ONLINE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
You agree to defend, indemnify, and hold harmless Edo and its franchisees, and its and their respective officers, directors, employees, contractors, agents, representatives, successors, and assigns (collectively, the “Edo Parties”), from and against any and all Claims and Losses, of whatever nature, made against, incurred or suffered by any of the Edo Parties arising out of or in any way related to your use or misuse of the Online Services, violation of this Agreement or applicable laws, violation of any rights of a third party, any User Generated Content you provide, and your conduct in connection with the Online Services. “Claims” means any and all manner of claims, demands, actions, suits, investigations or proceedings, including, without limitation, all rights with respect to any and all manner of Losses; and “Losses” means any and all manner of losses, damages, fines, penalties, costs and expenses (including legal fees and expenses on a full indemnity basis), known or unknown, foreseeable or not foreseeable, liquidated or unliquidated, direct or indirect. Edo reserves the right, to assume exclusive defence and control of any matter subject to indemnification by you. You agree to provide all assistance as Edo may reasonably request in asserting any available defences.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION PROVIDES FOR RESOLUTION OF MOST DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT THROUGH ARBITRATION INSTEAD OF COURT (INCLUDING BUT NOT LIMITED TO CLASS ACTIONS). AN ARBITRATOR DECIDES THE OUTCOME OF A DISPUTE BASED ON EVIDENCE AND LAW. ARBITRATION IS FINAL AND BINDING. THE OUTCOME OF AN ARBITRATION CAN BE ENFORCED LIKE A COURT ORDER AND IS SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
All claims or disputes arising out of or relating to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) shall be finally resolved by binding arbitration as set out in this Agreement except that you may take any such disputes or claims to a small claims court having proper jurisdiction if they qualify to be decided in that court. However, even for those claims that may be taken to small claims court, you and Edo both waive any claims for punitive damages and any right to pursue claims on a class action or representative basis.
You must first present any claims or disputes to us by contacting us at www.edojapan.com/contact-us/ > General Inquiry to allow us an opportunity to resolve the matter. You may commence an arbitration against Edo if your claims are not resolved within sixty (60) days after contacting us as set out above.
The arbitration of any claims or disputes under this Agreement shall be conducted in accordance with the Arbitration Act (Alberta) as modified by this Agreement. Unless you and Edo agree otherwise in writing, the place of arbitration shall be Calgary, Alberta, Canada, and it will be conducted in the English language. The arbitral tribunal shall be composed of a single arbitrator.
An arbitrator appointed under this Agreement may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration under this Agreement shall be private and confidential. Neither you nor Edo may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Judgment on any arbitration award may be entered in any court having proper jurisdiction. You and Edo agree not to appeal any arbitration decision or award made under this Agreement to any court. If any portion of this arbitration clause is determined by a court to be unenforceable, inapplicable or invalid, the remainder of this arbitration clause shall remain in force.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and Edo. In all arbitrations under this Agreement, each party will bear its own expenses, including but not limited to, the costs of its legal counsel, experts and witnesses.
- Waiver of Punitive Damage Claims and Class Actions
By entering into this Agreement, both you and Edo are waiving certain rights to litigate disputes in court. If, for any reason, this arbitration clause is deemed unenforceable, inapplicable or invalid, you and Edo both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
- Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL THE EDO PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE ONLINE SERVICES OR ANY CONTENT OR OTHER MATERIALS CONTAINED IN OR ACCESSED THROUGH THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO IN RELATION TO MISTAKES, ERRORS, OMISSIONS, FAILURE OF PERFORMANCE, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUSES. YOU ACCEPT THAT ANY AND ALL ACCESS TO AND USE OF THE ONLINE SERVICES IS ENTIRELY AT YOUR SOLE RISK AND EXPENSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE THE EDO PARTIES FROM ANY AND ALL CLAIMS AND LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT AND THE ONLINE SERVICES, OF ANY NATURE OR KIND WHATSOEVER, AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER), THAT YOU NOW HAVE OR IN FUTURE MAY HAVE, EVEN IF EDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SUCH LOSSES WERE OTHERWISE REASONABLY FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE ONLINE SERVICES.
Entire Agreement. This Agreement constitutes the entire agreement between you and Edo related to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, and representations and warranties, both written and oral, related to the subject matter of this Agreement.
Governing Law. This Agreement is governed by and is to be construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods.
Waiver of Jury Trial. Both parties hereby waive their right to a trial by jury in any legal proceeding arising out of or related to this Agreement.
Survival. Sections 9 – 14 of this Agreement, together with any provisions necessary for the interpretation and construction of this Agreement, shall survive and continue notwithstanding any termination of this Agreement.
Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Edo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and enures to the benefit of each party and the party’s successors and permitted assigns.
Severability and Waiver. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect, without amendment. Edo’s failure to enforce, or delay in enforcing, any of the provisions of this Agreement will not operate as a waiver of any of Edo’s rights or privileges under this Agreement.
Construction. The headings used in this Agreement are included solely for convenience of reference and are not to be used to interpret, construe, define, or describe the scope of any aspect of this Agreement.
Any questions or complaints regarding the Online Services should be submitted to www.edojapan.com/contact-us/ > General Inquiry.
©2023 Edo Japan Restaurants Ltd. All Rights Reserved.