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
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
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.
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.
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.
It shall be the Vendor’s responsibility to update and manage their products’ availability at least seven (7) days in advance.
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.
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:
For User Submissions you submit, you further agree that you will not:
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.
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 third party right, including without limitation any copyright, property, or privacy right; or