TERMS OF SERVICE

ACCEPTANCE

102089170 Saskatchewan (the “Company”) operates and manages a website, web applications, mobile applications, or via applications on other platforms or devices (collectively, the “Applications”) under the name, CanBasket

 By using any software related to the Company or by using or visiting the Company’s website or any of its Application (collectively the “Website Service”), you agree to both these Terms and Conditions (“Terms of Use”) and the Company’s Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Company Website Service. These Terms of Use apply to all users of the Company Website Service, including users who are contributors of video content, information, and other materials or services on the Website (collectively, “Users” or any individually as a “User”).

SERVICES

Through the Applications the Company offers Users a local online marketplace platform that integrates vendors, couriers, purchasers. The Company shall maintain the Applications and may, in its sole discretion, make changes in software features, look and feel and terms of the Applications at any time.

CONDITIONS OF ACCESS

Company hereby grants you permission to use the Website Service in accordance with these Terms of Use, provided that:

  1. your use of the Website Service is solely for your use.
  2. you will not access or use the Applications for any purpose that is illegal or in breach of any law, regulation, order, bylaw, or ordinance applicable in the jurisdiction of the Company or in the jurisdiction in which you reside and/or are based (“Applicable Laws”);
  3. you will not copy or distribute any part of the Website Service in any medium or manner inconsistent with these Terms of Use without Company's prior written consent.
  4. you will not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose; and
  5. you will always otherwise comply with these Terms of Use.

 

ACCOUNTS

To access and use the Applications you must register for an account (an “Account”).  In order to open an Account, you must provide your full legal name, current address, phone number, a valid email address, and any other information indicated as required. The company reserves the right to and may reject your application for an Account or cancel an existing Account, for any reason and at any time, in our sole discretion.

Each person creating an Account will be the contracting party for the purposes of our Terms of Service.  If you are signing up for an Account on behalf of your employer, your employer shall be the contracting party for the purposes of our Terms of Service. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.  Any employer will be responsible and liable for the acts, omissions and defaults arising from use of its Account and the performance of obligations under these Terms of Service.

You may never use another's Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your Account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account. 

Company reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Company should the total amount of data transfer exceed an amount deemed excessive in Company's sole discretion.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website Service in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.

 

BILLING ARRANGEMENTS, CHARGES, AND SUBSCRIPTION

Upon completion of sign up for an Account as vendor, you must provide all required information as prompted and you agree to pay the subscription charge as indicated. 

You acknowledge that Company processing payments through the Application through Stripe, which will be your default payments gateway and as the Store Owner you will not need to activate or maintain any account with Stripe individually.  As a User payment information entered in Stripe platform is protected by Stripe’s privacy policy.  The Company shall not save any payment information. 

Each User that creates and account to sell goods through the Applications (a “Seller”) shall pay the setup fee indicated in the Applications/Website Service. Each User that creates an account to deliver goods sold through the Applications (a “Courier”) may set up their account without a setup fee. Henceforth, Seller & Couriers together referred as Vendor.

The Company will estimate and charge each Vendor for the support provided by the Company after the initial configuration and set up of the Vendor’s account which is based on the CanBasket features availed.  Details of all charges will be documented in the agreement signed by both parties.

Order amount and delivery charges including taxes will be collected by the Company from online shoppers, and the collected amount will be duly transmitted to Vendors & Couriers, deducting the Company’s service charges.

As a marketplace platform, it is the Vendor’s responsibility to decide the price of the goods being sold.

TAX

The Company shall not be liable or responsible for paying any applicable sales taxes for any sales transactions or deliveries through the Applications.  All taxes collected from Users will be as the agent for the selling party and shall be paid to such selling party.

Accurate sales taxes as required under Applicable Laws, whether Goods and Services Tax or Provincial Sales Tax or others, shall be added to all products and services sole through the Applications, and the Company does not have any obligation to correct it or verify its correctness of any such taxes for each product is decided by the selling party.

VENDOR RESPONSIBILITIES

It shall be the Vendor’s responsibility to update and manage their products’ availability at least seven (7) days in advance.

  1. Vendor shall comply to follow the workflow of CanBasket without which an order cannot be completed successfully
  2.  Vendor shall maintain and possess legal authenticity of operation within the jurisdiction
  3.  Vendors can reject an order if any of the items are not available.
  4.  Each Vendor’s own terms of service shall be displayed, and Users shall be asked to accept such terms before they place an order. The Company shall not monitor or control such terms of service.
  5.  Quality/Quantity/price/refund/return issues, or any complaints regarding a good purchased via the Applications, shall be directed to the applicable Vendor and shall be based on such Vendor’s terms of service.
  6.  Each Vendor shall complete each order as per the provided timeline.  Any unreasonable delays may result in customer satisfaction issues, and in such an event the Company may take actions such as refunding the monies paid at the Vendor’s costs (and the Vendor agrees to indemnify and hold the Company harmless from any such costs).
  7.  Vendors have the liability to maintain the quality of the products sold through the Company platform, Vendors agree that any unusable, inedible, post expiry date, rotten products shall not be sold through the Company.
  8.  The shopping/shipping service support shall be provided by delivery partners/couriers. Company is not responsible for any failure from the delivery/shopping partners, unless it’s a software fault or malfunction.
  9.  The following contents shall not be sold through the Company: any counterfeit goods, dangerous products, drugs, or any other materials, products, substance or service that is prohibited by Applicable Laws.
  10.  The Company may delete any inappropriate User content on the Applications, including ratings/ comments/images

 

DISPUTES

In the event of a dispute or complaint regarding the Application or any matter addressed by these Terms of Service you agree to contact the Company through the “Contact Us” section of the Company’s website and outline the issue or complaint.  The Company shall review any such submission before taking a decision on any remedies or corrective measures that may be warranted under the circumstances, in the sole discretion of the Company.

You agree and covenant not to commence any legal proceeding or add the Company, or any of its directors, officers, agents or assigns, to any legal proceeding without first complying with the preceding paragraph and providing the Company with thirty (30) days to respond.

INTELLECTUAL PROPERTY RIGHTS

The content on the Company Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Company, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Company reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Company Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Company Website or the Content therein.

USER SUBMISSIONS

The Company Website Service may permit the submission of images, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. Company may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared, invited where there is an invitation to view and/or share and Public. You understand that whether such User Submissions are published and regardless of category, Company does not guarantee any confidentiality with respect to any such submissions. You also under­ stand and agree that Company may place advertising on the Website in conjunction with User Submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions, you submit which are intended for public use, you represent and warrant that:

you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use; and

you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use. You retain all your ownership rights in your User Submissions. How­ ever, by submitting the User Submissions to Company for public use, you hereby grant Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Company Website Service and Company's business, including with­ out limitation for promotion and redistribution of part or all of the Company Website Service (and derivative works thereof) in any media for­ mats and through any media channels. You also hereby grant each user of the Company Website a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and per­ form such User Submissions as permitted through the functionality of the Website Service and under these Terms of Use.

For User Submissions you submit, you further agree that you will not:

  1. submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Company or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business:
  5. impersonate another person.

Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Submissions. Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Company also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns pornography, obscene or defamatory material, or excessive length. Company reserves the right to remove Content and User Submissions without prior notice and to terminate a User's access to the Website Service, if such User is in violation of these Terms of Use.

Company reserves the right to discontinue any aspect of the Company Website Service at any time.You understand that when using the Company Website Service, you will be exposed to User Submissions from a variety of sources, and that Company is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Company with respect thereto.

USER’S LICENCE

Permission is granted to access and use the Applications for the purposes contemplated herein and subject to the condition that each User always complies with these Terms of Use .  This Licence is not a transfer of title or a grant of any rights in the Applications other than the licence to use and access the Applications as contemplated herein.  Under this licence you may not:

  1. modify or copy the Applications;
  2. breach any party’s intellectual property rights;
  3. attempt to decompile or reverse engineer any software contained in the Applicants;
  4. remove any copyright or other proprietary notations from any material posted or shares in the Applications.
  5.  This licence shall automatically terminate if you violate any of these restrictions or these Terms of Use.  This licence may be terminated by CanBasket at any time.

 

THIRD PARTY WEBSITES

The Company Website may contain links to third party websites that are not owned or controlled by Company and Company assumes no responsibility for these third party websites. By using the Website, you expressly discharge Company from any and all liability arising from your use of any third-party website.

WARRANTY AND INDEMNITY

 You agree that your use of the Company Website Service is at your sole risk. Company makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. Company does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.

 In no event shall Company, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, Content or Company software.

You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

your use of and access to the Company Website Service;

your violation of any aspect of these Terms of Use;

your violation of any third party right, including without limitation any copyright, property, or privacy right; or

any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Company Website Service.

GENERAL

 You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.

You agree that the Company Website shall be deemed solely based in Saskatchewan, Canada and that these Terms of Use shall be governed by the laws of the Province of Saskatchewan, Canada whose courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the Company Website Service must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.You confirm that you will always keep your password to access the Applications safe.

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