TERMS OF SERVICE

Canadian E Market Online Shopping Service & Delivery/shipping.

Canadian E Market ONLINE SHOPPING SERVICE & DELIVERY. (“Canadian E Market”/“WE”/”US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.Canadian E Market.CA (“WEBSITE”) AND THE Canadian E Market MOBILE APPLICATION (THE “APP”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. BY USING THIS WEBSITE AND/OR THE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY Canadian E Market FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.

The Service
The Canadian E Market service allows users to place orders for any retail item for delivery/shipping and pickup from retailers in select cities as identified on the Website (the “Service”). You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, Canadian E Market supplies the retail items and provide delivery/shipping services directly in some cases and it will only be liable for the actions or omissions of items provided directly by Canadian E Market. Any third-party independent courier contractors or retailers that provide items and services through the Service will be liable for any issues related to retail item quality or timely delivery/shipping independent of Canadian E Market .

Registration
In order to place orders through the Service (each an “Order”), you must create an account on the Website and/or App to enter your delivery/shipping and payment information, where you will agree that Canadian E Market will store your delivery/shipping information in order to provide the Service to you. By creating an account, you will be able to review your previous Orders and enjoy other member features of the Service. You must be the credit card holder in order to place Orders through the Service. Personal information provided by you on registration is handled by us in accordance with the terms of our Privacy Policy.

Processing Orders
Once you submit an Order and your payment has been authorized (cash, credit card, or debit card), your Order will either be transmitted to the retail vendor you ordered from or sent our order management team to be processed. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law or applicable in our Refund policy). You are responsible to ensure that all of your order details, billing, delivery/shipping address, and other relevant personal information is current, complete, and accurate.

Delivery/shipping of Orders
When you place a Pickup or Delivery/shipping Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and Canadian E Market offers no guarantee by this time. Canadian E Market is not responsible for any delays in receiving your Order for any reason.

Price and Payment
Prices will be as quoted on the Website and App and will have applicable sales taxes and delivery/shipping charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. 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. 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. You are responsible to ensure that all of your billing information is current, complete, and accurate. 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.

Content
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Canadian E Market, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Canadian E Market does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Canadian E Market be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content and Use of the Service
Canadian E Market reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Website, App and/or Service You shall not:

copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
modify, translate, make derivative works of, disassemble, recompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

License of Content to Canadian E Market and other Users
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Canadian E Market will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

End User License
Except for User Content, the App, this Website, and the information and materials contained therein, are the property of Canadian E Market and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Use, Canadian E Market grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms of Use gives you a right to use the Canadian E Market names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Use.

Feedback
If You provide Canadian E Market with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service (“Feedback”), Canadian E Market may use such Feedback in the Website, App, Service and/or in any other Canadian E Market products or services (collectively, “Canadian E Market Offerings”). Accordingly, You agree that: (a) Canadian E Market is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Canadian E Market, (c) Canadian E Market (including all of its successors and assigns and any successors and assigns of any of the Canadian E Market Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Canadian E Market Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.

Advertising
You acknowledge and agree that the Website and App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Canadian E Market shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

Links & Third-Party Websites
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Canadian E Market. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Canadian E Market of that third party, third party product or service. Canadian E Market is also not responsible for the content of any linked websites. Any third-party websites or services are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Canadian E Market endorses or accepts any responsibility for the content or use of such websites, and You hereby release Canadian E Market from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

While Canadian E Market does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. Canadian E Market reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” Canadian E Market SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Canadian E Market DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Canadian E Market SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. Canadian E Market WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. Canadian E Market WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO RETAIL ITEM ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.

LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL Canadian E Market BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, OR VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF Canadian E Market HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Canadian E Market’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID Canadian E Market IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION.
YOU SHALL INDEMNIFY AND HOLD Canadian E Market AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE, ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY RETAIL VENDOR OR INDEPENDENT COURIER CONTRACTORS THAT PROVIDES SERVICES THROUGH THE Canadian E Market SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION.

Termination
Canadian E Market may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Canadian E Market (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Canadian E Market), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by Canadian E Market in its sole discretion and that Canadian E Market shall not be liable to You or any third-party for any termination of Your access to the Website or App or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Use by Canadian E Market shall be in addition to any and all other rights and remedies that Canadian E Market may have.

Availability & Updates
Canadian E Market may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Canadian E Market may periodically add or update the information and materials on this Website without notice.

Security
Information sent or received over the Internet is generally unsecure and Canadian E Market cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Canadian E Market will not be liable for any loss or damage arising from your failure to comply with these requirements.

General
These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Canadian E Market. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Canadian E Market to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Canadian E Market must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Canadian E Market’s prior written consent. We may assign these Terms of Use without restriction. The Terms of Use shall be governed by the laws of the Province of Manitoba without regard to choice of law principles.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: admin@canadianemarket.ca.

Effective Date: February 1, 2017