1. The Platform and Agreement on Terms of Sale and Use
These are the terms of sale, use and service (the “Terms”) which governs the relationship and serves as an agreement between you (the “User”, “you” or “your”) and our company (“us” or “we”). These Terms set forth the terms and conditions by which you may use our app and service and all associated websites, services, products and content ((herein collectively referred to as the “Platform”). The Platform is provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Platform.
As these Terms form a legally binding agreement between you and us, please review them thoroughly. We are happy to address any questions or concerns that you may have. Please submit any questions or concerns to us via the Contact Us option. For Users under the age of 18, you can only use the Platform with the consent of one of your parents or legal guardians who should also review these Terms thoroughly.
If you are using the Platform on behalf of a business or entity, you represent and warrant that (i) you are authorized to do so on behalf of that business or entity, (ii) you have the authority to bind the business or entity to these Terms on the business’ or entity’s behalf, (iii) the business or entity is legally responsible and liable for your use of the Platform, (iv) the business or entity is legally responsible and liable for all other associated users of your account, including any employees, contractors or agents, and (v) the terms “you” and “your” includes you and that business or entity.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLAUSE THAT CONTAINS A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. OTHER THAN FOR THE SPECIFIC EXCEPTIONS SET OUT IN THE ARBITRATION CLAUSE, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION. YOU ALSO AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Acceptance of the Terms and Consent to Changes
From time to time, including when the Platform is updated or when there are regulatory changes, we will amend these Terms. In such cases, we will use commercially reasonable efforts to notify all users of any material changes to these Terms. Notwithstanding the foregoing, it is your responsibility to review these Terms regularly to check for any such changes. The “Last Updated” date contained in these Terms is the effective date of the most recent changes. Your continued use of the Platform after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Platform.
3. Platform Errors
We continually strive to ensure that the Platform operates free from errors and that the information shown within the Platform is accurate. Unfortunately, sometimes the Platform may contain typographical errors, omissions and / or inaccuracies, including, without limitation, errors relating to product descriptions, pricing, offers, availability and / or promotions. We reserve the right to correct any errors, omissions or inaccuracies and to change or update information or modify or cancel orders if any information within the Platform is inaccurate at any time, all without prior notice to you, including after you have submitted your order.
4. Terms Relating to Your Order, Including Final Pricing
When you place an order with us through the Platform, you understand and agree that the listing of products on the Platform does not constitute an offer to sell but rather an invitation to place an order. This is due to the fact that we cannot guarantee that all products that you order through the Platform are available at the time of order, and also due to the fact that your total order cannot be determined until it has been processed and assembled, given that weights, prices, discounts and coupons may not be validated until your order has been processed and assembled. For these same reasons, an order confirmation will not be considered as an acceptance of the offer. The contract of sale shall be concluded when your order has been processed and assembled.
5. Placing an Order, Credit Card Authorizations and Product Pricing
By submitting your order, you agree to complete your order and either pick up your items or accept delivery thereof. You agree that we may pre-authorize your credit card at the time of submitting your order. You also agree that once your order has been picked up or delivered, that we may confirm the credit card authorization and substitute the final price for the products you have purchased. Any changes to your order requires our consent. Please contact us as soon as possible with desired order changes. While we are not under any obligation to accept any order changes, we are committed to your satisfaction and so we will try to accommodate any order change requests, including requested cancellations.
We reserve the right to change permitted methods of payment, including, without limitation, which credit cards are permitted.
Unless otherwise indicated, all dollar amounts stated are in Canadian dollars.
You will only be charged for the actual items included in your order and based on final weights of any products (including any applicable taxes). If you fail to pay any fees or charges when due (including fees for returned cheques), we reserve the right to charge you any such additional fees incurred by us as a result of your non-payment. You are also responsible and liable for any fees, including legal fees and expenses, incurred by us as a result of our attempt to collect any unpaid balances from you.
Pricing and Availability
Every effort is made to ensure that the displayed prices are accurate. However, due to the nature of the products and the large number of items contained within the Platform, some of the products listed within the Platform may be incorrectly priced. In such circumstances, we reserve the right to apply the correct current price to the item. If you are not satisfied with the current price, you will be given an opportunity to remove that product from your order.
[For products which are either custom-ordered or pricing is based on weight, the per-item price you see in your shopping cart for such items is estimated based on the average weight of each item. The final price of these items will be based on the final weight of the product. This information will appear on your invoice. As the actual weight of the products may differ slightly from the order placed within the Platform, the final price of the items may differ slightly. For such products, the prices you pay are always based on the actual final weight of your products.]
From time to time, certain products may become unavailable as a result of conditions beyond our control. In such cases, we will contact you to advise you of your options.
Please note that we reserve the right to limit your order or the quantity of a particular product in your order.
6. Product Information and Promotions
Additional product information provided is provided for general information purposes only and to enhance your shopping experience. While we strive to maintain the accuracy of this information, you will not hold us liable for any inaccuracies in the additional product information provided.
For any promotional codes, if there is any error in the application of such codes, we reserve the right to suspend redemption or terminate the promotion and / or promotional code.
7. Communication and Rights Regarding Orders
Without limiting the generality of these Terms, we reserve the right to limit or refuse any order you place with us through the Platform. In addition, we reserve the right to cancel any order if we find evidence of fraud or other violation of these Terms. In addition, we may also, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
By using the Platform, you consent to our communication to you of the status of your order and other matters related to your order. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.
8. Your Use of the Platform
Your use of the Platform is subject to these Terms and all applicable laws and regulations. As such, you agree not to:
If we discover content that, in our sole discretion, violates any of the foregoing requirements, we reserve the right, without prior notice, to remove or disable access to such content.
9. Your Account
To use certain features of the Platform, you are required to create an account with us. If any of the account information you provide to us changes, please be sure to update your account profile to keep the information current and complete. Please keep your account password confidential. If someone not authorized by you accesses your account, or if you suspect that someone has accessed your account without your authorization, please contact us immediately through ‘Contact Us’ option. You also agree that you are responsible (to us and to others) for any activity that occurs under your account.
We reserve the right to disable your account at any time if your use violates these Terms in any way or if the activities which occur on your account, in our sole discretion, might cause damage to or impair the Platform, infringe or violate the rights of any third party or violate any applicable laws or regulations.
If you would like to delete your account, please contact us using the submission form on our website. You can reactivate your account by similarly contacting us, however your content or information that you previously posted may not be able to be retrieved.
10. Intellectual Property Rights
By using the Platform, you agree to the terms of our Legal and Copyright Policy.
11. Platform Content
All content on Platform, including, without limitation, text, images, graphics, illustrations, logos, patents, trademarks, copyrights, service marks, photographs, audio, videos, ‘look and feel’ of the Platform, and all intellectual property rights related thereto (collectively, the “Platform Content”), are either owned or licensed by us. Use of the Platform Content for any purpose not expressly permitted by these Terms is strictly prohibited. You agree not to download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use the Platform Content for any purpose whatsoever without our (or our licensor’s) prior written express consent, which consent may be withheld for any reason whatsoever.
Subject to these Terms, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Platform and to access the Platform Content solely for your personal, non-commercial use. You agree that this license may be terminated by us at any time and for any reason or no reason, and we reserve the rights not expressly granted herein in the Platform and the Platform Content, on either our behalf, or on behalf of the Licensor / owner of such content.
We make no representations, warranties or guarantees, whether express or implied, that any Platform Content is accurate, complete or up to date. We have no control over the contents of any third-party site or resource and where the Platform Content contains links to such third-party sites and resources, the links are provided for informational purposes only. Accordingly, such third-party links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You also agree that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including user ratings, reviews and comments).
12. User-Generated Content
Users of the Platform may be permitted to post, upload or otherwise submit comments pertaining to products available on the Platform (collectively, “User Content”).
You warrant and agree that User Content created by you will comply with these Terms. You further agree that you will be liable to us and indemnify us for any breach of this warranty, including, without limitation, bearing responsibility for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary.
In addition, you further grant us a royalty-free license to use your username and any other identifying information that you have provided to us to identify you as the source of any of your User Content.
All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Platform.
Waiver of Rights to User Content. By posting User Content, you waive any and all rights of privacy, publicity or other similar rights in connection with your User Content or any portion thereof. You further agree to waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also hereby agree to waive and never assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in any User Content you post through the Platform, to the extent any such moral rights are not transferable or assignable.
We reserve the right to delete, edit, or refuse to post your User Content at our sole discretion, if, in our opinion, your post does not comply with these Terms or in response to complaints from other users or third parties, with or without notice and without any liability to you.
We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
Any feedback that you provide to us, including, without limitation, comments, suggestions for improvements, product features, new products, product modifications or enhancements, technologies, computer code or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following shall apply: (i) we have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason, (ii) Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way, and (iii) you irrevocably grant us perpetual and unlimited permission to use and exploit the Feedback or any part thereof (and whether as provided or as modified) for any purpose and without restriction, free of charge and without attribution of any kind.
You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
14. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN ADDITION, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
15. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
THE PLATFORM IS PROVIDED ONLY FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, OTHER THAN TO PURCHASE PRODUCTS SOLD BY US (WHETHER FOR YOUR BUSINESS OR PERSONAL USE) AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF THE PLATFORM, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
16. Other Terms
Open Source. The Platform may contain certain open-source software. Each item of open-source software is subject to its own applicable license terms.
Entire Agreement. These Terms constitute the whole legal agreement between you and us and governs your use of the Platform and your purchase of products from and through the Platform, and completely replaces any prior agreements between you and us in relation to the Platform.
Links. If you wish to link to our home page, you may do so provided that the website you are linking complies in all respects with the content guidelines set out in these Terms. In addition, you cannot link to our website in any way that might suggest any form of association, approval or endorsement by us where none exists. Notwithstanding the foregoing, we reserve the right to withdraw linking permission without notice.
No Waiver. No failure by us to insist upon or enforce any provision of these Terms shall be construed as a waiver of any provision or right.
Security. We cannot guarantee that the Platform will be secure or free from bugs or viruses. It is your responsibility to configure your technology to access the Platform in accordance with these Terms, including, without limitation, using appropriate virus protection software.
Severability. If any court of law having jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of these Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Applicable Law. You agree that the laws of the Province of Ontario, Canada govern any use of the Platform, without regard to rules relating to conflict of laws. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims, and the United Nations Convention on Contracts for the International Sales of Goods shall not apply.
ARBITRATION AND CLASS ACTION WAIVER. Please review this section carefully as it contains an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). If you disagree with this arbitration agreement, you may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First: If there is any dispute between you and us, you agree to contact us and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including any court action.
Arbitration Agreement: Should the informal resolution process not resolve the dispute in whole or in part, any remaining dispute (hereinafter referred to as a “Claim” relating in any way to your use of the Platform, or relating in any way to the communications between you and us or to the purchase of products from us, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and us. However, this arbitration agreement does not govern any Claim by us for infringement of our intellectual property or access to the Platform that is unauthorized or exceeds authorization granted in these Terms or bars you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first date you accessed or used the Platform by following the procedure described below.
You agree that the Ontario Arbitration Act governs the interpretation and enforcement of this provision, and that you and us are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration to our address posted on our website.
Payment of all filing, administration and arbitrator fees will be governed by the applicable arbitration rules as set out in the Act.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending us an email within thirty (30) days of the first date you accessed or used the Platform.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
App Stores. To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: