1. AGREEMENT
The following document (“Terms of use”) sets the terms and conditions related to:
- the access and use of the LOCAAL website available at www.locaal.ca and mobile application (jointly or separately, the “Application"); and,
- the sale of products through the Application.
The Terms of use, which incorporate by reference our Privacy policy, and any other conditions appearing on the Application constitute a legally binding agreement between you (the user or the organization you represent) and LOCAAL inc. (“LOCAAL”, or “we"), and shall govern your access to and use of the Application. The terms of use shall apply and will be binding on you, as of the moment you access the Application, create a user account or order products.
You represent and warrant that you are over the age of maturity and consent to the use of the Application by one of your dependants who is a minor, or that you have the authority to accept these Terms of use on behalf of any organization you represent. If you do not have the required age, parent/guardian consent or legal authority to accept these Terms of use, you are not authorized to use the Application.
2. ACCOUNTS, LOGIN INFORMATION AND ACCURACY OF INFORMATION
The order and sale of products through the Application is subject to the creation and maintenance of a customer account (an “Account”). If you choose to create an account, we will require certain information, including personal information. By creating an account on the Application, you agree to provide current, complete and accurate information, and to update these in a timely manner in the event of subsequent modifications. You agree to update your account and any other information about you in a timely manner, including your email address and the numbers and expiry date of your credit cards so that we may process your transactions and contact you, if necessary.
You are responsible for maintaining the confidentiality and security of your username, password and any other confidential information that allow you to access and use your Account (the “Login information”). You are solely responsible for any access and use of your Account made with the Login information. Any access and use of your Account made with the Login information shall be deemed to have been made by you, and you agree that we may act according to the instructions received on your Account without having to question them or to carry out further checks. If you discover that the confidentiality of your login information has been compromised, you agree to change your password and to notify us promptly if you become aware of a security breach.
3. PERSONAL INFORMATION
The collection and use of the personal information collected through the Application are governed by our Privacy Policy, available at www.locaal.ca.
4. OWNERSHIP OF APPLICATION CONTENT, RESERVED RIGHTS AND LIMITEDGRANT OF LICENCE
The Application is comprised of various contents, including graphs, texts, icons, buttons, videos, audio files and other files, images, drawings, brands, source code, multimedia clips, brand names, software, as well as the selection and arrangement of the site’s contents, and other materials (collectively, the “Application content”), which is either owned or used under license by us as necessary.
Each component of the Application, including, without limitation, all of the Application content, is protected to the full extent permitted by applicable law, including, without limitation, copyright and trademarks.
As a user of the Application, you are granted a limited, revocable and non-sub-licensable right of access and use in order to use the Application in accordance to the following Terms of use. Your use of the Application does not grant or transfer to you any ownership or other title, right or interest in the Application, the Application content or any other component of the foregoing.
5. ORDERS, RATES AND METHODS OF PAYMENT
To submit and complete an order, you must create an Account in the Application and provide or register a payment card on which to apply you purchases. We rely on the services of independent suppliers to collect your payment card data and to process your payments. The use of payment services providers is subject to the Terms of use of these third-party suppliers. At the time of delivery or pick-up of the order, you may be asked to produce the payment card used to place the order, as well as a picture ID.
All product prices quoted and applicable delivery charges are in Canadian dollars and exclude applicable taxes.
You can update or cancel your order at any time prior to making your payment. However, once you have completed your order, it will no longer be possible to cancel it. By finalizing your order, you authorize us to process the payment of your order using your payment card through a payment service provider. Once the payment has been confirmed, we will send you a notification to inform you that your order has been accepted.
6. AVAILABILITY AND INACCURACIES
The information and descriptions of the products sold through the Application are not meant to be comprehensive list. All product descriptions and relevant information, including their availability status, price and delivery options, are subject to change at any time, without prior notice.
Occasionally there may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, images, promotions, offers, delivery charges, availability, or any other content of the Application.
We reserve the right to update or change the products and content of the Application at any time, but we are under no obligation to do so. Without limiting the generality of the foregoing:
- We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Application is inaccurate at any time, without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend, or clarify the information in the Application, including, without limitation, pricing information, except as required by law. No specified update or refresh date mentioned in the Application should be taken to indicate that all information in the Application has been modified or updated.
- The prices of our products are subject to change at any time, without prior notice.
7. REGULATORY COMPLIANCE
LOCAAL’s food processing activities are regulated by the Quebec Department of Agriculture, Fisheries and Food (MAPAQ) and LOCAAL complies with any and all such regulations.
8. YOUR SATISFACTION
If you are dissatisfied with the product you ordered for any reason, please contact us at the following address [email protected].
9. DISCLAIMER OF WARRANTIES
The Application and all products or services provided to you through the Application are (except as expressly stated by us) provided “as is” and “as available” for your use or consumption, without any representation, warranties or conditions of any kind whatsoever, either express of implied.
We do not guarantee that the Application and your use thereof will be uninterrupted, secure or free of errors, or that the Application and your use thereof will be available and timely. We reserve the right to modify or interrupt the Application (or any part or content thereof) at any time, without prior notice. We may also close the Application or take it offline for indefinite periods of time and without prior notice. We are not responsible for any updates or changes (including, without limitation, any updates or changes relating to prices displayed or availability), suspensions, or interruptions of the Application’s availability.
10. LIMITATIONS OF LIABILITY
Except in the case of deliberate fault or gross negligence, in no case shall LOCAAL, its directors, officers, shareholders, employees and affiliated companies be liable for any and all harm, loss, claim or damages of any kind whatsoever, including, without limitation, lost profits, loss revenue, loss savings, loss of data, replacements costs or any similar damages, whether based on contractual or noncontractual liability, relating in any way to your use of the Application or of any and all products procured using the Application, including, without limitation, any errors or omissions in any content, product or order and any loss or damage of any kind incurred as a result of the use of the application or of any content or product made available or obtained through the use of the Application.
11. PROHIBITED USES
In addition to any restrictions and prohibitions as set forth in the following Terms of use, you are prohibited from using the Application or its content: (a) to violate any applicable federal, provincial or local regulations, rules or laws; (b) to infringe upon or violate our intellectual property rights or the intellectual property of others; (c) to upload or transmit any type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application or any other information resource; (d) to extract or otherwise process the content of the Application (web spidering, web crawling, web scraping, etc.); (e) to interfere with or take any other measure that may place undue burden on the normal operation of the Application, networks and related infrastructure; (f) to circumvent any security measure of the application or any measure used to restrict the access to the Application or any part thereof; (g) to reverse engineer or disassemble, decompile or translate the site or any element of the Application; or (h) to create any derivative work of any component of the Application).
12. THIRD-PARTY CONTENT
Certain links on the Application may direct you to third-party websites or applications that are not affiliated with us. These links are provided solely for general information purposes, without any guarantee, statement or conditions of any king whatsoever.
13. SEVERABILITY
In the event that a provision of the following Terms of use is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of any other provisions, and such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the following Terms of use.
14. TERMINATION
These Terms of use shall remain effective as long as you access and use the Application and that you maintain an Account on the Application.
You may terminate this agreement at any time by deleting your account if you have one, or when you cease to access and use the Application. If you access and use the Application subsequently, you will be deemed to have once more agreed to our Terms of use, which apply to each case of access and use of the Application.
Notwithstanding any of the foregoing provisions, if, in our sole judgment, you fail to comply with any provision of the following Terms of use, we may terminate this agreement at any time and suspend or deactivate your account if you have one, without prior notice. We may also deny you access to and use of the Application (or any part thereof). All obligations and liabilities of the parties incurred prior to the moment of termination shall survive for all purposes.
15. NON WAIVER
The failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
16. GOVERNING LAWS AND JURIDICTION
These Terms of use and any transaction on the application related to any product or service shall be governed by and construed in accordance with the laws of Quebec, Canada. You agree to bring any dispute arising out of the following Terms of use before a court of competent jurisdiction, located in the judicial district of Montreal, province of Quebec.
17. CHANGES TO TERMS OF USE
We reserve the right to change these Terms of use at any time, and we invite you to review them frequently. Changes and clarifications will take effect immediately upon their posting on the Application. If you disagree with any of the changes made to the Terms of use in the future, you must delete your Account (if you have one) and cease using the Application.