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Last Updated: March 16, 2017

These terms (the “Terms of Use”) apply to the websites and mobile applications (collectively, the “Properties”) owned or created by or for Pita Pit Limited (“Pita Pit”, “we”, “us”). By accessing or using the Properties, you unconditionally agree to be bound by and to comply with the Terms of Use, and all documents incorporated herein by reference. If you do not agree with the Terms of Use, your sole recourse is to promptly discontinue accessing and/or using the Properties.

Use of the Properties

The Properties are intended for residents of Canada over the age of thirteen. You may download, copy, print and use selected portions of the Properties for your own personal, non-commercial use only. Except as noted above, you may not reproduce, copy, publish, transmit, modify, or create derivative works from, any portions of the Properties or related software. Any attempt to obtain unauthorized access to any portions of the Properties that you are not authorized by us to access, or to directly or indirectly interfere with, disrupt or damage the Properties, the server(s) on which they are hosted, the networks connected to them or any other user’s account or access to the Properties is strictly prohibited. Violations of system or network security may result in civil or criminal liability.

You may use the Properties to register and/or manage an account for Pita Pit More! gift card and loyalty program. You are solely responsible for all activity under your account, and your participation in the loyalty program is subject to its Terms and Conditions, incorporated herein by reference.

Copyright and Trademarks

Names, phrases, words, titles, logos, icons, graphics, images or designs used on and in association with the Properties are subject to intellectual property rights, including without limitation copyright and trademarks owned or licensed to Pita Pit, our parent, affiliates or licensors, or other entities and individuals. The intellectual property on the Properties is protected by Canadian and international trademark, copyright and other laws. Any use of any intellectual property without the express consent of the owner is strictly prohibited. No trademark or service mark license is granted in connection with the materials contained on the Properties.

Privacy Policy

For information about how we manage your personal information, please see our Privacy Policy, incorporated herein by reference.

Changes to these Terms of Use

Pita Pit reserves the right to modify the Terms of Use at any time without prior notice. When we change the Terms of Use, we will post the updated version on the Properties together with a notice advising of the update.

Links to Other Websites

We may provide links to other websites operated by third parties. These links are provided for convenience only, and do not constitute or imply endorsement or recommendation of any such websites, or any products or services available or advertised therein, by Pita Pit. We have no control over the content or practices on such websites. You should review the terms and privacy practices of such sites carefully.

Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF WARRANTIES RELATED TO GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

The Properties are provided on an « as is » and « as available » basis without any warranty or guarantee of any kind, either express or implied, as to the operation of the Properties or the information included on them. To the maximum extent permitted by law, we expressly disclaim all representations, warranties, covenants and conditions of any kind, whether express or implied, with respect to the Properties, including without limitation: (i) any warranties of merchantability or fitness for a particular purpose, or any warranty of non-infringement relating to the Properties and its content; and (ii) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness or otherwise of the Properties.

We do not make any warranties that the Properties, the services or any content: (i) will meet your requirements or will be accessible regardless of the hardware or software that you wish to employ to access it; (ii) will be available at all times, will be uninterrupted, will be timely, and will be secure; (iii) will be defect or error free, or that any defects or errors will be corrected; and (iv) is free from viruses or other harmful code, notwithstanding our use of commercially reasonable efforts to identify and eliminate such code. You acknowledge, by your use of the Properties, that your use of the Properties is at your sole risk.

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CLAIMS OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES WILL THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OF PITA PIT OR ITS FRANCHISEES, OR ANY OTHER PERSON, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE PROPERTIES INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THE PROPERTIES; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THE PROPERTIES, AND ANY LINKS PROVIDED ON THE PROPERTIES; (3) ANY INACCURACY, ERROR, OMISSION OR DELAY IN DATA TRANSMISSION; (4) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (5) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PITA PIT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

General

Except for any additional terms incorporated herein by reference, the Terms of Use constitute the complete agreement between you and Pita Pit regarding its subject matter and supersedes and replaces any and all prior agreements between us. If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of the Terms of Use shall remain in full force and effect. The delay or failure of Pita Pit to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Pita Pit’s rights with respect to such breach or any subsequent breaches. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.