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Bring It Now Delivery Services Inc. Terms of Service
IMPORTANT: PLEASE CAREFULLY READ THIS ENTIRE AGREEMENT. THESE TERMS OF SERVICE (“TERMS“) GOVERN YOUR ACCESS TO AND USE OF THE BRING IT NOW DELIVERY SERVICES WEBSITE AND RELATED SERVICES (THE “SERVICES”), ANY INFORMATION, TEXT, GRAPHICS, PHOTOS OR OTHER MATERIALS OR APPEARING OR DOWNLOADABLE IN CONNECTION WITH THE SERVICES (THE “CONTENT”) AND CONTAIN PROVISIONS THAT LIMIT OR EXCLUDE LIABILITY TO YOU. YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. ACCESSING THIS WEBSITE, COMPLETING AN ORDER, USING THE SERVICES IN ANY WAY, OR CLICKING THE “I ACCEPT” BUTTON BELOW ARE EACH EQUIVALENT TO YOUR SIGNATURE AND INDICATE THAT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE NAVIGATE AWAY FROM THIS PAGE IMMEDIATELY.
ARTICLE 1 – BACKGROUND
1.1 Bring It Now Delivery Services is a service to provide an opportunity to order a variety of products from local stores.
ARTICLE 2 – DEFINITIONS
2.1 “Account” refers to your User membership account to access the Website and place orders, as represented by Your unique User ID and Password;
2.2 “Agreement” refers to these Terms of Service;
2.3 “Content” refers to any information, text, graphics, photos or other materials appearing or downloadable in connection with the Services or the Website and includes any applicable intellectual property rights recognized by law;
2.4 “Bring It Now”, “We”, “Us”, “Our” refer to Bring It Now Delivery Services;
2.5 “Password” refers to the initial code provided to You and which you may subsequently change that, in combination with Your User ID allows You to place orders via the Website;
2.6 “Services” refers to the Website and all of its the features, functions, and content and the ability to place orders via the Website;
2.7 “Terms” refers to the terms and conditions outlined in this Agreement;
2.8 “Website” refers to the Bring It Now Delivery Services Inc. websites (including all related sub domains, websites and functionality) located online at the urls:
2.9 “You” and “Your” refers to you, the licensee
ARTICLE 3 – ACCESS TO THE SERVICES
3.1 Access. Subject to the terms and conditions of this Agreement, Bring It Now grants to You a personal, non-transferable, and non-exclusive right and license to access and use the Service including, without limitation, the ability to access the Website and place orders.
3.2 Your Commitments. In consideration for Bring It Now granting You access to the Website and to place orders via the Website You acknowledge and agree that:
- You will maintain the secrecy of Your login information (User ID and Password) and will follow safe and secure computing practices with respect to any equipment or device used to access the Services;
- You will not share Your login information with any other person;
- You will not directly or indirectly reproduce, redistribute, grant, assign, transfer, circulate, post, broadcast, display, copy, lend, or share information available through the Services and the Website with any third party;
- Bring It Now and third parties may place advertising on the Website
ARTICLE 4 – PRICE AND PAYMENT
4.1 Price. The prices outlined on the Website are in Canadian dollars and include applicable taxes, and are payable at the time of purchase.
4.2 Payment. For orders paid by credit card, you shall pay us the Price plus all applicable taxes immediately upon the placement of the order. Payment may be made through use of any method authorized by us. We reserve the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase.
4.3 Payment Authorization. When entering your billing information, it will be necessary to indicate Your chosen method of payment from those provided by or on behalf of Bring It Now. You must be authorized to use the payment method indicated. You irrevocably authorize us or our designate (as the case may be) to charge you for orders placed by you.
4.4 Payment Processor. You specifically acknowledge that we may use a third party payment processing service in connection with your purchases. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments.
4.5 Accuracy of Billing Information. You are responsible to ensure that all of your billing information is current, complete, and accurate.
4.5 Billing Statement. We will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
4.6 Billing Errors and Discrepancies. In the event you believe that we have billed you in error, you must contact us within ten (10) days of the date of purchase. No refunds or adjustments will be provided for charges which are more than ten (10) days old. If you do not advise us within ten (10) days after the error first appears on your online billing statement we will not be required to correct any error. You hereby release us from all liability and claims of loss resulting from any error that you do not report to us within ten (10) days after the error first appears on your online billing statement..
4.7 Refund Policy. All purchases of Products are non-refundable and final (except where prohibited by law) to Bring It Now. Any issues with the product quality should be directed to the relevant store. If you cannot resolve the issue directly with the store then email email@example.com with a copy of your receipt, the specific nature of your complaint, and your contact information. In order for Bring It Now to ensure timely and effective delivery of service, all inquiries must be received within twenty-four (24) hours of the order being placed in order to be considered. No cash refunds will be issued (except where prohibited by law).
ARTICLE 5– INTELLECTUAL PROPERTY RIGHTS
5.1 All Rights Reserved. To the best of our knowledge, Bring It Now owns all right, title and interest in and to the Services, the Website. Nothing in this Agreement transfers or vests any intellectual property rights in or to You. You will not take any action to jeopardize, limit or interfere with Bring It Now’s intellectual property rights. Any unauthorized use of the Bring It Now intellectual property is a violation of this Agreement as well as applicable intellectual property laws and treaties.
5.2 Ownership By Third Parties. Certain materials or information available to You via the Website may be subject to third party intellectual property rights. All such intellectual property rights are and shall remain the property of their respective owners or creators (as the case may be). You acknowledge and agree that Bring It Now is not responsible for the accuracy, completeness or content of websites provided by or on behalf of third parties.
ARTICLE 6– TERMINATION
6.1 Termination By You. You may terminate this Agreement at any time by deleting Your Account and ceasing to use the Services.
6.2 Termination By Bring It Now. Bring It Now may terminate Your Account or the Services at any time if:
You breach this Agreement; or
Bring It Now discontinues its business; files a petition in bankruptcy or is adjudicated bankrupt or insolvent; makes an assignment for the benefit of creditors; makes an arrangement pursuant to any bankruptcy law; or if a receiver is appointed for Bring It Now or Bring It Now’s business and such receiver is not discharged within sixty (60) days; or in the event of any other occurrence, short of the foregoing, the circumstances of Bring It Now should deteriorate to the point where, in its sole judgment, the continued solvency of the Bring It Now is in doubt.
6.3 Consequences of Termination. Following termination of Your Account or this Agreement for any reason whatsoever, Your permission to access and use the Services is immediately revoked.
6.4 Survival of Terms. Notwithstanding the foregoing, the following paragraphs shall survive termination of this Agreement: 3.2, 5.1, 7.1, 7.2, 8.1 to 8.4.
ARTICLE 7– REPRESENTATIONS AND WARRANTIES
7.1 General Warranty Disclaimer. Other than as expressly set forth in this Agreement, Bring It Now makes no representations, warranties or covenants to any person or entity with respect to the Services. The Services and Website are provided on an “as-is” and “as available” basis. Bring It Now and its service providers do not give any warranties, guarantees, representations or conditions, whether express, implied, statutory or otherwise (including, without limitation, any implied warranty of merchantability; the accuracy, completeness, currency, or suitability of third party information, materials or website content; fitness for a particular purpose; compliance with any description; or non-infringement of third party rights) with respect to any product or service and all such warranties are hereby disclaimed to the maximum extent permitted by applicable law.
The parties hereby agree that, the international conventions concerning the sale of goods (specifically The International Sale Of Goods Act (Manitoba)) shall not apply to this Agreement or the provision of products and services described herein.
7.2 No Warranty of Service Availability. Bring It Now and its service providers do not guarantee that the Website or Services will be provided or available without interruption or error free. Bring It Now and its service providers cannot and do not guarantee that the Website, the Services, and access to them will always function without disruptions or delay. Since the Website and Services may or will be facilitated and/or transmitted through public internet lines and public and/or private switched telephony network(s) (as the case may be), you understand that there may be service disruptions or outages.
ARTICLE 8– LIMITATION OF LIABILITY AND INDEMNITY
8.1 No Warranty of Service Availability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRING IT NOW SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED THROUGH THE USE OF THE WEBSITE OR SERVICES. BRING IT NOW IS ALSO NOT RESPONSIBLE FOR ANY USE OF THE SERVICES BY YOU OR ANY THIRD PARTY, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF REPUTATION, OR FOR ANY BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. BRING IT NOW IS NOT RESPONSIBLE FOR ANY INFORMATION, WEBSITE CONTENT OR MATERIALS MADE AVAILABLE BY OR ON BEHALF OF THIRD PARTIES OTHERWISE ACCESSIBLE OVER THE INTERNET
8.2 Maximum Liability THE AGGREGATE LIABILITY OF BRING IT NOW IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF BRING IT NOW SERVICES OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY AND SUCH DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BRING IT NOW IN PLACING YOUR LAST ORDER. IN NO EVENT, HOWEVER, SHALL SUCH LIABILITY EXCEED $10.00 CAD.
8.2 Application of Exclusions and Limitations of Liability You acknowledge and agree that the Representations and Warranties, Exclusions and Limitations of Liability described above:
(a) Apply to any and all causes of action whatsoever including breach of contract (including fundamental breach), strict liability, tort (including negligence), breach of any duty, or any other legal or equitable theory;
(b) Shall enure to the benefit of Bring It Now (including its successors or assigns) and its servants, agents, employees, licensors, service providers, and their respective officers, agents, employees, and/or successors and assigns; and
(c) Are reasonable and set by Bring It Now.
ARTICLE 9– GENERAL
9.1 Assignment and Sub-license Prohibited You may not assign, delegate, sub-license, transfer or subcontract the whole or any part of this Agreement or the rights granted hereunder without the prior written consent of Bring It Now. Notwithstanding the foregoing, Bring It Now may, at its sole discretion, assign this contract or any of its rights hereunder to any third party, without giving prior notice.
9.2 Modifications to Agreement Bring It Now reserves the right to modify this Agreement at any time at its sole discretion by providing such revised Agreement to You or by publishing the revised Agreement on the Bring It Now Website. You are responsible for periodically reviewing the amendments on the Bring It Now Website and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using the Bring It Now Website and Bring It Now Service. Your continued use of the Bring It Now Service shall constitute Your acceptance to be bound by the revised Agreement. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Bring It Now unless executed by Bring It Now in writing.
9.3 Regulatory Requirements Bring It Now reserves the right to adjust the Bring It Now Service at any time in order in order conform to legal and/or regulatory obligations or requirements as determined by Bring It Now at its sole discretion.
9.4 Severability Each provision of this Agreement is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforce-ability of the remainder of this Agreement or any other provision hereof and the Agreement shall be construed, as nearly as possible, to reflect the intentions of the severed provision(s) to the extent possible under applicable law.
9.5 Waiver No delay on the part of Bring It Now in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
9.6 Governing Law and Jurisdiction This Agreement shall in all respects, be construed according to, and the rights and liabilities of the parties hereto shall in all respects be governed exclusively by, the laws of the Province of Manitoba, Canada without reference to the principles of conflicts of law.
9.7 Class Action Waiver You agree to waive any right You may have to: (a) trial by jury; and (b) commence or participate in any class action against Bring It Now related to the Bring It Now Service or this Agreement and, where applicable, You also agree to opt out of any class proceedings against Bring It Now or its licensors.
9.8 Dispute Resolution – Binding Arbitration. Unless otherwise agreed to in writing by Bring It Now, any claim dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future – except for the collection from You of any amount owing to Bring It Now) arising out of or relating to these Terms shall be determined and settled at the request of either party by binding arbitration in Winnipeg, Manitoba, Canada, in accordance with The Arbitration Act (Manitoba), on the basis of the Bring It Now Dispute Resolution terms. This section shall survive termination of this Agreement, Your Account, the Bring It Now Website or the Bring It Now Services for any reason whatsoever.
9.9 Force Majeure. Neither party will be liable to the other for any delay in performance or inability to perform due to Force Majeure. “Force Majeure” includes any acts or omissions of any civil or military authority, acts of God, terrorism, fires, strikes or other labour disturbances, major equipment failures, fluctuations or non-availability of electrical power, heat, light, air conditioning or telecommunications equipment that cannot reasonably be foreseen or prevented, or any other act, omission or occurrence beyond either party’s reasonable control, irrespective of whether similar to the foregoing enumerated acts, omissions or occurrences. The party subject to a Force Majeure event shall promptly notify the other party of the occurrence of such event and take all reasonable steps and commercially reasonable efforts to restore its ability to perform and to perform its obligations under this Agreement. In no event shall User be liable for any charges during that period of time in which there is an interruption of the Bring It Now Service under this Section.
9.10 Notices. All notices, requests and other communications required or permitted to be given under this Agreement except those specifically permitted to be given by e-mail or posted using the Bring It Now Service, must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by express mail, private courier or facsimile to the party to whom such notice is required or permitted to be given. Any such notice will be considered to have been given when received, or if mailed, five business days after it was mailed, as evidenced by the postmark. Your mailing address or electronic mail address for notice shall be the address You provided to Bring It Now in association with Your Account. You are solely responsible for keeping Your Account contact information current.
9.11 Enurement. This Agreement shall inure to the benefit of and be binding upon You and Bring It Now and each party’s successors and permitted assigns..
9.12 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all other prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site place an order fill out a form respond to a survey subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Bring It Now collects and uses Users personal information for the following purposes:
- To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To administer a content, promotion, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails: The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\’s own terms and policies.
Compliance with children\’s online privacy protection act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
© Bring It Now, 2020. Canada.