General Terms of Use
General Terms of Use
General Terms of Use

last updated: March 2022

The Sunday App is an application (the “Application“) developed by our Sunday teams (“we” or “SUNDAY“), in order to simplify the placing of orders (the “Order“) and/or the payment of the bills within all the establishments using our services, whether it is a restaurant, a bar, a hotel, etc. (the “Establishment(s)“).

The purpose of these General Terms of Use (the “GTU“) is to define the conditions of our service offer (the “Service(s)“). The use of the Application and our Services is conditional upon the unreserved acceptance of our GTU and our Privacy Policy

Section 1 – Our services

By either displaying our QR codes or enabling other means of connection, an Establishment may allow you to benefit from some or all of the following Sunday Services (the “Services”):

  • access a menu of items and place an Order;
  • pay the bill, tip, donate to an association and/or obtain a receipt of a payment transaction;
  • leave a review of the Establishment.
  • Please follow the instructions in the Application to know how to use the Services provided.

 

1.1 Accessing a menu of items and Ordering

You may view the menu of an Establishment and place all or part of your Order directly via the Application.

You are solely responsible for reviewing the menu and checking that it is suitable to you, including with the staff of the Establishment.

 

1.2. Paying the bill

You may pay all or part of the bill via the Application, whether this Order was placed via the Application or directly with the staff of the Establishment.

You are solely responsible for checking the details of the Establishment’s bill provided to you by the Establishment to ensure that they are correct before you pay.

Payment of bills is made available by means authorized by the Establishment, which, depending on the markets, may include debit/credit card, online payment or meal vouchers.

By paying a bill, you agree to provide accurate information and to comply with the terms and conditions of your payment providers (credit card providers, prepaid corporate services, online payment systems, etc.) (if applicable). We will not be held responsible for your failure to comply with any of these obligations.

Once the bill is paid via the Application, all of the following information is provided to the relevant Establishment: (i) the payment of the table concerned, operated and recorded via the Application and (ii) your identity, namely your first and last name. You can access your receipt on our Application. You can also have it sent to you by email, to the address you have provided.

In case of failure of payment via the Application, the payment of the bill will have to be done directly with the Establishment.

 

1.3 Tipping

When paying the bill via the Application, you may be able to leave a tip for the service provided by the Establishment if you wish to do so. The amount you choose to tip will be added to your bill. You are solely responsible for the amount you tip the Establishment for their services.

1.4 Donating to an association

At the time of your payment, we may present some associations for you to consider donating an amount of your choosing if you wish to do so. In no case is it mandatory or necessary to make such a donation to use our Services.


The amount of the donation is automatically added to the total of the bill. One hundred percent (100%) of your donation will be transferred to the association.

1.5 Regarding reviews

You have the possibility to publish on the Application comments, testimonials and satisfaction ratings about the Establishment, the quality of its products and its service. These reviews are public and available to other users of the Application as well as to the Establishments concerned.

You hereby agree not to enter any content that is defamatory, derogatory, insulting, hateful or terrorist in nature, towards us, the Establishment, their staff or customers, or third parties, or that is likely to offend public order or morality or contravene the legal and regulatory provisions in force.

Sunday reserves the right to eliminate any content that does not follow the guidelines listed on this section or overall may be harmful to Sunday’s good name and reputation.

No compensation will be provided to you in exchange for submitting your review.

 

Section 2 – Your User Account

2.1 The creation of a user account on the Application is not mandatory to make payments via the Application, but is necessary to access some of our Services (the “User Account“).

Only one User Account is permitted per person. You agree to create only one User Account. Account sharing is not allowed. Don’t let another person use your account, and never share your personal information used in connection with your account, including but not limited to username, password, or bank card information.

The required information provided when filling in the registration form available on the Application (such as your name, first name, email address, telephone number, your means of payment, i.e. credit card or restaurant vouchers, etc.) must be accurate, complete and regularly updated.

You can change the information you have entered or terminate your User Account at any time and without condition, by going to the Application and following the procedure provided for this purpose.

2.2 Your User Account is strictly personal.

The access codes to your User Account are under your responsibility. They are strictly confidential and must not be communicated in any way whatsoever, to anyone.

In case of unauthorized use of your User Account or any breach of confidentiality and security of your means of identification, you must, without delay, inform us by sending an email to the following address: support-canada@sundayapp.com.

Not having the obligation and not having the technical means to verify the identities of people who register on the Application, we will not be responsible in case of usurpation of your identity. However, we will use our best efforts to assist you in case of difficulty.

Section 3 – Terms of Use of the Application and Services

3.1 Use of the Application requires a smartphone and an Internet connection. In order to ensure proper functioning of the Application, it is optimized for the latest versions of Android or iOS and requires activation and authorization of geolocation for its use on your terminal. All hardware and software necessary to access the Application and use the Services are at your expense.

Payment via our Application implies active means of payment and attached to a solvent account.

3.2 You agree to use the Application and the Services in a fair manner, in accordance with their purpose, the applicable legal and regulatory provisions, the GTU and the practices in force.

In this respect, you agree not to, in particular:

  • create fictitious profiles or use the User Account of others;
  • provide inaccurate information in the data collection forms of the Application and not regularly update the information in your User Account;
  • disseminate data, information or content on the Application contrary to the laws and regulations in force, public order or morality;
  • refer or create links to any content or information available on the Application without our express, written and prior consent;
  • use any information, content or data on the Application to provide a service that we deem, in our sole discretion, to be competitive with the Application;
  • sell, trade or monetize any information, content or data on the Application or Services without our express prior written consent
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code of any proprietary material used to provide all or any part of the Services on the Application;
  • use any manual or automated software or devices, robots or other means to access, explore, retrieve or index any page of the Application;
  • endanger or attempt to endanger the security of our sites or applications, including attempts to monitor, scan or test the vulnerability of any system or network or to breach security or authentication measures without express prior authorization
  • infringe or use any of our intellectual property rights;
  • simulate the appearance or operation of our sites or applications, for example by using a mirror effect;
  • directly or indirectly disrupt or interfere with the Application or Services, or impose a disproportionately large load on the Application’s infrastructure or attempt to transmit or activate computer viruses through or on the Application.

 

We reserve the right to restrict, suspend, modify, replace, deny access to, or delete, at our discretion and without notice, your User Account in the event of any use of the Services and/or the Application contrary to the GTU.

You will be solely responsible for any damages that may result from any breach of the above listed commitments and will indemnify Sunday from any action or damages that may result.

3.3 The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions“) on or through the Application.

Any User Contribution you post to the Site (https://sundayapp.com/) or via the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (i) You own or control all rights in and to the User Contributions or have a license to do so; (ii) All of your User Contributions do and will comply with these GTU; (iii) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Sunday or its affiliates, have full responsibility for such content.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.

3.4. We take claims of any infringement seriously. We will respond to notices of alleged infringement under applicable laws. If you believe any materials accessible on or from the Application infringe on your rights under applicable law, you may request removal of those materials (or access to them) from the Application by submitting written notification to our agent designated below.

If using the Application in the United States, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive infringement Notices is: support-canada@sundayapp.com.

Section 4 – Intellectual Property

4.1. Our rights

We hold all rights, including intellectual property rights, and authorizations, relating to all content of the Application and Services, including designs, text, graphics, images, photographs, illustrations, visuals, videos, information, logos, trademarks, designs, button icons, software, databases, audio files and other.

We grant you a limited, revocable, non-exclusive, non-transferable and strictly personal right of access to our Application and Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material related to the Application or the Services.

You acknowledge that the use of the Services and features of the Application does not entitle you to claim any intellectual property rights of any kind on all or part of them, no assignment or license being granted to you beyond the right of use provided herein.

Our name, the term “sunday,” our logo and all related names, logos, product and service names, designs, and slogans are trademarks of Sunday or its affiliates or licensors. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs, and slogans found in the Application or Services are the trademarks of their respective owners.

Any use of all or part of the aforementioned elements, without our express, prior and written authorization and/or that of the Establishments, is strictly forbidden, under penalty of criminal and civil proceedings, subject to the exceptions provided for by the law and regulations in force.

4.2. Your rights

You have the ability to post reviews on the Application about the Establishments where you have used the Application and received our Services.

In the event that your reviews are likely to be protected by an intellectual property right, you warrant that you are the owner of the rights or have the necessary authorizations and you grant a non-exclusive license to Sunday. You hereby authorize Sunday to reproduce and communicate to the public your opinions on all media (in particular, digital – including our Site (www.https://sundayapp.com/), our social networks and our Application – or paper, on our promotional media – including our posters, flyers, etc.), solely for promotional and informational purposes, for the entire world and for the entire duration of the protection of the intellectual property right concerned. The non-exclusive nature of this license to use implies that you also have the right to exploit your intellectual property rights in parallel.

Section 5 – Liability

5.1. The conditions for the realization of the Orders (placing, follow-up, execution) are under the sole responsibility of the EstablishmentInstitution.

We only play a technical role in the context of your use of the Services and the Application and shall in no way act as a vendor of the products of an Establishment, as an employer or guarantor of an Establishment and/or as a guarantor for you.

You are required to organize with the Establishments the legal and financial conditions of your relations for which you will be the only ones responsible, in compliance with the applicable legal and regulatory conditions. Thus, we cannot be held responsible, in particular, for the failure of the Establishments by not complying with their obligations, for any damage caused to you by the products of the Establishments or to any third party, including in particular in the event of intoxication, for any prejudice resulting from your fault or that of an Establishment, or from an event attributable to a third party or to a case of force majeure.

5.2. The information relating to the Establishments (menus, allergens, product availability, conditions of service and any other offers, graphics and photographs illustrating the products of the Establishments, link to a third party site set up by the Establishment) has been communicated by the Establishment where the Order is placed, under its sole responsibility. We do not verify or control this information. We cannot guarantee that this information is complete and up-to-date. It is your responsibility to request any confirmation or additional information directly from the Establishment.

In case of difficulty encountered with an Establishment, we naturally remain at your disposal. To do so, you can contact us through our support mechanisms at our Application or website (https://sundayapp.com/).

5.3. You are solely responsible for the consequences of your use of the Application and of our Services. You are responsible for ensuring that your use of the Application and our Services complies with the legal and regulatory provisions in force as well as with the GTU. We do not give you any guarantee in this respect.

You are also solely responsible for the notices you may leave on our Application. You release us from any action, claim, condemnation or eviction relating to your use of the Application and/or the Services, for any reason whatsoever, in particular on the basis of the infringement of third-party rights or unfair competition, in any country whatsoever. In such a case, you agree to provide any assistance necessary for our defence. In addition, you agree to assume the full cost of any judgment rendered against us, and all costs, expenses, and attorney’s fees that may result for us. More generally, you agree to fully indemnify us for any direct economic and financial consequences that may result.

5.4. You are reminded that the notices you publish are public and communicated to other users of the Application as well as to the Establishments, which you accept.

5.5. You may not blame us for the non-receipt or loss of data transmitted on the Application, on any grounds whatsoever and for any reason whatsoever, and you must ensure that you keep a backup of such data.

5.6. In any event, under no circumstances shall we be liable for any indirect or consequential loss or damage to you or any third party, including without limitation any lost profits, inaccuracy or corruption of files or data or loss of opportunity in connection with the GTU on any basis whatsoever.

5.7. We shall not be liable for any delay in the performance or non-performance of the GTUs justified by a case of force majeure, as defined by the applicable laws.

5.8. Finally, you are aware of the technical hazards and access interruptions that may occur on the Application and more generally related to the Internet. Consequently, we cannot be held responsible for the unavailability or slowdown of the Services and/or the Application.
 

Section 6 – Legal Notice

The Application is created, upgraded, managed and published by Sunday App, Inc. PBC, whose principal place of business is located 305 Delmont Drive, N.E. Atlanta, GA 30305 (USA), represented by Mr. Victor LUGGER, in his capacity as President.

Email address : support-canada@sundayapp.com

Section 7 – Modifications

We reserve the right to modify, supplement or replace the GTU, in which case we will notify you accordingly by way of publishing the new GTU on our SIte or within the Application. Your continuous use of our Application and Services shall be deemed as your acceptance of these changes.

Section 8 – Applicable law – Jurisdiction – Consumer dispute resolution

8.1. These Terms shall be exclusively governed by and construed in accordance with the laws of the Delaware (USA), excluding its conflict of law rules, unless, if you are located in the European Union, the consumer protection regulations of your country of residence contains provisions that are more advantageous to you, in which case those provisions will apply.

8.2. In the event of any dispute or claim relating to the GTU, including without limitation, their formation, validity, interpretation, performance and/or resolution, you and we agree to seek in good faith, an amicable solution. In the absence of an amicable agreement within 30 (thirty) days following notification of the dispute by the most diligent party by registered letter with acknowledgement of receipt, any dispute between the Parties will be subject to the exclusive jurisdiction of the Courts of the Delaware (USA), subject to the mandatory provisions applicable when you are a consumer.

To do so, you can send us any possible complaint by email : support-canada@sundayapp.com, or by mail to the following address: 305 Delmont Drive, N.E. Atlanta, GA 30305 (USA).

8.3. When you are a consumer, and in case of a complaint not resolved amicably with us, you can submit the dispute to a consumer mediator. Consumer mediation is available to any person who has a dispute with a professional who has sold him a product or provided a service. Mediation is a method of amicable dispute resolution, free for the consumer and confidential.

Thus, you can refer to the consumer mediator in the country in which you used the Application, within one (1) year from the written complaint you sent us.

You may also attempt to resolve the dispute amicably via the online dispute resolution platform implemented by the European Commission, if applicable, and accessible on the following website: https://ec.europa.eu/consumers/odr/main/