Terms of Use

1. Information About Us

Whatisedible.com (the “Website”) is operated by One Menu Inc, a company incorporated and registered in Ontario, Canada, whose registered office is at 14 Morden Crescent, Ajax, ON, L1T3Z7. Our Company registration number is 1000105126. You may contact us at hello@whatisedible.com.

2. Acceptance

2.1. It is important that you read all the following terms and conditions carefully. These Terms and Conditions (the “Agreement”) is a legal agreement between you and One Menu Inc. (the "Company", “One Menu”, “We”, "Our"), that governs the conditions of use of the Website, Diet Filter and Menu Builder (the “Services”) offered by One Menu. 

2.2. By accessing and using this Website, you are indicating your acceptance to be bound by the Agreement. You must not access or use the Website or Services if you do not accept the Agreement. 

3. Amendments

3.1. We may revise, amend, or otherwise change this Agreement from time to time without any prior notice to you. You acknowledge that it is your responsibility to review this Agreement periodically for any changes. 

3.2. You agree that your use of the Website after the effective date of any such changes will signify your acceptance of the revised, amended, or otherwise updated Agreement. You are advised to visit this page periodically to review any updates to this Agreement.

4. Purpose

The purpose of the Services is to assist you with checking allergen and dietary information so that you can make an informed decision as to which restaurants to visit. Each restaurant is entirely responsible for the input, ongoing management, and accuracy of the menu data.

5. Your Obligations

5.1. The allergy information in the menu(s) is deemed accurate on the day it is consulted online but may change at any future time. It is your responsibility to always check the menu(s) and not rely on the information obtained from a previous Website visit.

5.2. You must inform staff about your food allergy, intolerance or dietary preference when you place your order. 

5.3. You must ask questions about food preparation methods when you are uncertain.

5.4. You understand and agree that there may be limitations in a restaurant’s ability to accommodate some of your dietary restrictions. 

5.5. When you use the Services and decide to visit a restaurant based on the allergy information obtained from the Website, you must take along with you, all the necessary medications like an EpiPen or Antihistamines and make sure at least one person in your dinner party or a member of staff knows where they are located.

6. No Medical Advice

6.1. One Menu does not provide medical advice. The information provided in the course of using the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute for the same. 

6.2. We advise that you seek the advice of a physician or other qualified health provider properly licensed to practise medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from using the Website and any medical condition you believe may be relevant to you, your business or to someone else. 

6.3. Statements and opinions expressed in the course of using the Services should be considered as the opinion of the individuals who expressed them, and not the views, ideas, opinions, or advice of One Menu.

7. Website

7.1. The Website should only be used for your own personal and non-commercial use. 

7.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Permission to access the Website is granted temporarily only. 

7.3. We reserve the right to suspend, withdraw, discontinue, or change all or any part of the Website without notice to you. 

7.4. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update or change the content of the Website at any time without any prior notice to you. 

7.5. The Website and its content are provided for general information purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely.

8. Accessing the Website

8.1. Access to the Website requires an internet connection. 

8.2. The Website is accessible via a smartphone, tablet, laptop, and desktop computer provided an internet connection is established using one of the following browsers: the latest versions of Chrome, Firefox, Opera, Safari (iOS included) or Edge.

9. Demo

9.1. We offer a demo version of the Services to provide an opportunity to test and explore some of the capabilities of the Services without the need to create a user account.

9.2. You understand that the terms of this Agreement where applicable also apply to your use of the Demo.

10. User Registration and Account

10.1. To access certain Services available on the Website, you need to create a user account. If you create an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. 

10.2. You must be at least 14 years old to register an account, however, if you are under the age of 18 years old you must obtain permission from your parent or legal guardian before creating an account.

10.3. To protect your Account, we ask that you keep your password confidential and do not disclose it to any third party. You are solely responsible for the activity that happens on or through your Account. We advise that you do not reuse your Account password on third-party applications. If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us via our contact us.

10.4. You may close your Account at any time by requesting that we do so. We reserve the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of this Agreement.

11. User Generated Content

11.1. Any content that you upload to the Website ("User Generated Content") must comply with the following rules:

• It must be true and accurate;

• It must not contain someone else’s personal details or confidential information relating to other people;

• It must not be defamatory to anyone;

• It must not use the material or content or infringe the rights or privacy of anyone else;

11.2. We retain the right to reject, discontinue use of, or remove any User Generated Content provided by any individual if we determine it violates our guidelines or policies.

12. Harmful Content 

12.1. One Menu cannot guarantee that the Website will be secure or free from bugs or viruses. You are responsible for ensuring that you have your own virus protection software in place.

12.2. You must not misuse the Website by knowingly or intentionally introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. 

12.3. You must not attempt to gain unauthorised access to the Website or, the server on which the Website is stored, or any server, computer, or database connected to the Website.

12.4. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. If you breach this provision, we will report any such breach to the relevant law enforcement authorities, and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

13. Scheduled Maintenance

We may from time to time suspend the Services for the purposes of scheduled maintenance. We shall endeavour to carry out any scheduled maintenance outside of business hours, however, we cannot guarantee this. We shall not be liable for any disruption caused due to scheduled maintenance. 

14. Intellectual Property and Grant of Rights 

14.1. One Menu is the owner or licensee of all intellectual property rights in the Website and its content, and the “One Menu”, "Edible" and “What is Edible” names and marks. Those works are protected by different intellectual property laws and treaties around the world. All such rights are reserved.

14.2. The only rights that you are granted to use any of our intellectual property are set out in this Agreement. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this Agreement. 

14.3. You must not use the Website (or any part of it or its content) for commercial purposes. You may, however, download material from the Website solely for non-commercial, personal use by you.

14.4. You grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivate works of and/or amend any User Generated Content in any format, including in our Services and products for any purpose including concerning the promotion of our Services and products.

15. Use Restrictions

15.1. You are prohibited from copying, reproducing, modifying, or distributing any part or content from the Website without specific written authorization from One Menu. 

15.2. No part of the Website, including but not limited to the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without prior written authorization from One Menu.

15.3. Unless otherwise expressly authorized in this Agreement, you agree that you, shall refrain from, and will not encourage or aid third parties to:

• Engage in reverse engineering, decompiling, disassembling, or any other attempts to uncover the source code, object code, or underlying structure, concepts, know-how, or algorithms relevant to the Services (except where such restriction is prohibited by applicable law);

• Provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise permit others to access or use the Services;

• Replicate, modify, create derivative works from, or remove proprietary notices from the Website; or

• Circumvent any technical restrictions implemented by One Menu.

15.4. You agree not to use the Website in any way that breaches this Agreement or any applicable local, national, or international law or regulation.

15.5. You agree not to copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so under this Agreement. 

15.6. You agree not to do any act or thing that might damage, disrupt, or otherwise interfere with the operation of the Website or network or software used in operating the Website.

16. Feedback; Use Rights

16.1. We welcome feedback, comments, and suggestions (“Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all rights, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback. 

16.2. Additionally, One Menu will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and One Menu will be free (during and after the term) to use such data and information to maintain, improve, and enhance any products or Services.

17. Termination

17.1. In the event of your breach of this Agreement, we reserve the right to immediately terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you.

17.2. You may terminate your One Menu account by either contacting us via email (hello@whatisedible.com) or through your account settings within the Services. This will result in the permanent deletion of your One Menu account, including menus and other Customer Materials, from our data servers. This action is irreversible.

18. Privacy Policy 

We shall comply with the relevant Data Protection Laws with respect to the processing of any Customer Personal Data. We shall only process the Customer Personal Data for the purposes specified in our Data Privacy Policy.

19. Governing Law and Jurisdiction

The laws of Ontario, Canada will govern this Agreement, as well as any dispute that may arise from the Agreement between you and the Company. You also agree that the courts of Ontario shall have exclusive jurisdiction to deal with any disputes. 

20. Warranties and Disclaimers

20.1. Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; and any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

20.2. One Menu is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website. 

20.3. We are not responsible for the content of any websites (such as links to websites of any commercial sponsors or partners) linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

20.4. The particular Services in this section of the Website is for private use only. You agree not to use the Website or any content on the Website for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.5. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, and we make no guarantees around data retention or preservation. 

20.6. THE CONTENTS OF THE WEBSITE  ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

21. Indemnity 

You will indemnify and hold harmless One Menu and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your Customer Materials; or (iii) your violation of this Agreement.

22. Limitation of Liability

NEITHER ONE MENU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONE MENU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

23. Severability

The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision.