LAST UPDATED: May 3, 2023
These Terms of Service (“Terms”) govern your relationship with Allergy Translation Inc. (“us”, “we”, or “our”), which is the owner and operator of https://equaleats.com/ and the mobile application known as Equal Eats, which may be available on the Google Play Store, Apple Store, and other platforms (the “Service” or “Website”). Please carefully review the Terms before using the Service and using any of the features therein. IF YOU DO NOT AGREE TO THE TERMS THAN YOU MUST IMMEDIATELY DISCONTINUE AND ABANDON USE OF THE SERVICE, INCLUDING THE USE OF ANY OF THE FEATURES THEREIN, SUCH AS THE PURCHASE OF ANY PRODUCTS MARKETED FOR SALE ON THE SERVICE.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, discontinue and abandon the use of the Service immediately and specifically, do not purchase any of the Products (as defined below) marketed for sale on the Service. Please be advised that the decision to use the Service, and to use any of the features therein, such as the purchase of any Products, is at your sole and unfettered discretion and upon your agreement with the Terms herein.
By visiting the Service and/or by purchasing a Product from the Service, you agree to be bound by the Terms herein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The purpose of the Service is to market for sale dietary translation cards, in physical, digital and print-at-home formats, which are used for the purpose of conveying and communicating food allergies, intolerances, and special diets in a variety of languages (the “Products”). Our Products have undergone a rigorous preparation and testing process to ensure the accuracy of contents supplied on the Products, namely, we strive to ensure that the Products contain accurate, understandable, and culturally and linguistically appropriate content to convey food allergies, intolerances, and special diets to whomever the readers of the Products may be, including but not limited to wait staff and food preparers at restaurants and other food outlets. In the preparation and testing of the Products we work alongside doctors, nutritionists, language experts, language translators, readers and reviewers, allergy experts, and others, to ensure the accuracy of the content on our Products. Despite our efforts to provide exceptional Products, we understand and acknowledge that there remains risk of misinterpretation, carelessness, and improper use of the Products, which we are unable to control. By using the Service and the purchase of any of the Products, you understand the inherent risks relating to the use of the Products.
By using the Service, you represent and warrant that you have obtained medical and other professional advice, which may include but is not limited to dietary and nutrition advice, relating to any food allergies, intolerances, or special diets that you may have. You acknowledge that the contents on this website or on the Products are not a substitute for medical or other professional advice. Please note that if you are unsure of the nature of your food allergy, intolerance, or special diet, then you should consult a medical professional prior to the purchase of any of the Products. Be advised that our Products are intended to provide assistance to those having food allergies, intolerances, or special diets, however, in no means should our Products be considered a substitute for medical advice, allergy advice, and other personal precautions an individual with food allergies or intolerance is reasonably expected to take in any particular circumstance.
Health and Safety Disclaimer
We, including our agents, sub-contractors (including licensed sellers), licensees, subsidiaries, affiliates, suppliers, directors or employees, are in no way whatsoever liable for personal injury or death arising from a food allergy, intolerance, or special diet. IF YOU DO NOT AGREE WITH THIS PLEASE DISCONTINUE USE OF THE SERVICE AND DO NOT PURCHASE ANY PRODUCTS. As mentioned above, the Products have been prepared with the highest of standards upon the consultation and advice of experienced professionals, such as certified translators, however, there is an inherent risk in consuming food and other products if you have a food allergy, intolerance, or special diet and the Products cannot be expected to fully extinguish such risk.
We provide no guarantee whatsoever that the Products will fully communicate and convey a food allergy, intolerance, or special diet to the reader of the Product. You acknowledge and agree that there are several factors involved in the communication of such message including but not limited to the following:
- language ability of the reader;
- the cultural acuity of the reader;
- the literacy of the reader;
- the ability of the reader to comprehend the food allergy, intolerance, or special diet as a potentially dangerous or life-threatening circumstance;
- your verbal conversation and interactions with the reader; and
- the food safety precautions and protocols of the establishment.
By using the Service, and purchasing any Products therein, you expressly agree that the Products may not serve the purpose for which they are designed due to several factors which are outside the control of the Products. You agree to not to rely solely upon the Products and agree to take as much as personal precautions as necessary in the communication and conveyance of your food allergy, intolerance, or special diet to the reader or food establishment. You accept that there is significant risk of the content on the Products to be misinterpreted or lost in communication due to several of the factors listed above.
In conjunction with the use of the Products, you represent and warrant that you will take personal precautions which are above and beyond the Products to ensure your health and safety, such as the use and availability of life saving medicine, presence of a trusted family member or friend, familiarity with procedures to contact emergency personnel, among other things. You acknowledge and agree that the Products independently and when used in isolation to other health and safety measures are an insufficient solution and precautionary measure to your food allergy, intolerance, or special diet.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
App Subscription Purchase Terms
By purchasing a subscription to our iOS or Android app service, you agree to the following terms. Our auto-renewing subscriptions are available in two durations: a monthly subscription and an annual subscription. The monthly subscription has a length of one (1) month and is priced at $14.99 USD, while the annual subscription has a length of one (1) year and is priced at $34.99 USD. Please note that both subscriptions are set to automatically renew at the end of their respective periods, and will continue to do so until you, the user, explicitly cancel the subscription. It is your responsibility to manage your subscription and ensure that it is canceled if you no longer wish to continue with the service.
If you are not satisfied with your product, please reach out to us and we'll assist you in a refund.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Contests, Sweepstakes and Promotions
Promotions may be available for a limited time.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Allergy Translation Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Allergy Translation Inc. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Allergy Translation Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links to Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Allergy Translation Inc.
Allergy Translation Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Allergy Translation Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Allergy Translation Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Allergy Translation Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Allergy Translation Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Allergy Translation Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Allergy Translation Inc. chooses not to immediately act, or chooses not to act at all, Allergy Translation Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Allergy Translation Inc. does not waive any of its rights. Allergy Translation Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.
Clicking the tick box beside the statement “I’ve Read and Accept the Terms and Agreement “I Agree” confirms that you accept both the terms of purchase, and the terms of agreement for www.equaleats.com.