- The “Service”. Urbery provides a platform that facilitates the connection between registered and guest users seeking to order groceries and/or liquor through the Website and/or the Urbery App (“Users”/“You”) and individuals seeking to pick up such groceries and/or liquor from the applicable grocery and/or liquor stores and deliver them to Users (“Grocery Gurus”). If you use the Service to place an order for liquor delivery, by placing such order, you represent and warrant that you are at least the legal drinking age in Ontario which is nineteen (19) years of age. For liquor deliveries, see further the section titled ‘Liquor Delivery Terms’.
- Account Registration. All information you provide must be accurate and complete. You are fully responsible and liable for the security of your account and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility or liability for any damages arising from or related to any activity occurring under your account.
- How to Use the Service. To place your order, begin by selecting the items from the Website or the Urbery App and place them in your cart. Next, select the delivery time and enter the delivery address. Then proceed to the checkout and make the applicable payment including any taxes and delivery fees. You may provide a tip at this point, or you may wait until after you receive your delivery to select a tip (if any). You also have the option to provide special instructions to the Grocery Guru, for example regarding brand preference.
- Payment Information. All payment methods must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further obligation or liability to you. We reserve the right to change the payment methods that we accept at any time.
- Prices and Fees. Prices for products are subject to change, without notice. The grocery and liquor prices listed on our Website and/or the Urbery App may differ from the retail prices charged for such items by the applicable grocery and liquor stores. Our prices may be higher or lower than retail prices. Unless otherwise indicated, prices displayed on our Website and/or the Urbery App are quoted in Canadian dollars and include an administrative fee charged by us for administering the Service. Prices displayed do not include applicable taxes or delivery charges. You are responsible for paying all fees and applicable taxes associated with products you order with a valid payment method. Items in your shopping cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it. Tax charges are based on applicable federal, state, provincial and harmonized sales tax rates based on the delivery address associated with your order.
- Limited Refunds. Generally, all purchases are final. However, if you receive a product that you did not order, the product is spoiled, or if a product you ordered was not available at the grocery store, we will, at our option, either provide you with a refund or a credit in the amount you paid for such product, provided that you notify us of the problem within 24 hours of receiving the delivery.
- Changes to Orders. You can make changes to your order up to 90 minutes before your scheduled delivery time by updating the items in your shopping cart.
- Product Descriptions and Availability. All features, specifications, products and prices of products are subject to change at any time without notice. We have made every effort to display as accurately as possible the products that appear on the Website and/or the Urbery App, however we make no representation as to the completeness, accuracy, or currency of any information on the Website and/or the Urbery App. We reserve the right to make changes in information about price, description, or availability without notice.
- Delivery. You must ensure that someone is present at your delivery address to receive your grocery delivery at your selected delivery time. If no one is present to receive your grocery delivery at the scheduled time and address, we will attempt to re-deliver the groceries to you the next day. Please note that pursuant to regulatory restrictions, we cannot make a re-delivery attempt in respect of any liquor orders. If on the next day, no one is present to receive your grocery delivery, you agree that you will forfeit such grocery order and that you will not be entitled to receive any replacement grocery order or any refund or credit.
- A driver’s licence issued by the province of Ontario with a photograph of the person to whom the licence was issued;
- A passport;
- A Canadian citizenship card with a photograph of the person to whom the card was issued;
- A Canadian armed forces identification card with a photograph of the person to whom the card was issued;
- A secure certificate of Indian status issued by the Government of Canada;
- A photo-identification card issued by the Liquor Control Board of Ontario; and
- A permanent resident card issued by the Government of Canada.
If there is no Eligible Individual to receive the delivery and/or if the Required Documentation is not provided, the Grocery Guru will not deliver the liquor and Urbery will provide you with a credit in the amount you paid for such product, less the delivery fee and less the administrative fee charged by us for administering the Service.
Urbery reserves the right at all times to refuse delivery for any reason whatsoever, including if:
- The Grocery Guru is not satisfied that the individual receiving the order at the residential address is an Eligible Individual;
- The Grocery Guru is not satisfied with the Required Documentation provided to him or her;
- The Grocery Guru determines, in his or her sole opinion, that the Eligible Individual to be intoxicated or apparently intoxicated;
- Urbery or the Grocery Guru suspects that the liquor was purchased for or will be consumed by individuals under the legal drinking age; or
If delivery is refused, Urbery will provide you with a credit in the amount you paid for such product, less the delivery fee and less the administrative fee charged by us for administering the Service.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or Users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or Users. This means that the viewer or User, and not Urbery, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Urbery 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 Urbery 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.
In using the Website, Urbery 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 Grocery Gurus 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, without their permission;
- license, sell, rent, lease, transfer, assign, distribute, or host the Website or the Urbery App;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Urbery App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- register for the Service on behalf of a group or corporate entity.
You also agree not to access the Website in a manner that utilizes the resources of the Website 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.
13. License of Content. 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. Urbery will not be responsible or liable for any use of User Content in accordance with these Terms. 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.
14. End User License. Except for User Content, the Urbery App, this Website, and the information and materials that it contains, are the property of Urbery and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Urbery 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 Application on a mobile device that you own or control for your use (the “License”). The Urbery App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Urbery 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 Urbery App shall be subject to the terms of these Terms.
- Feedback. If You provide Urbery with any suggestions, comments or other feedback relating to any aspect of the Website, Urbery App and/or Service ("Feedback"), Urbery may use such Feedback in the Website or in any other Urbery products or services (collectively, "Urbery Offerings"). Accordingly, You agree that: (a) Urbery 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 Urbery, (c) Urbery (including all of its successors and assigns and any successors and assigns of any of the Urbery Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Urbery Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Urbery or any of the other Users of the Website in respect of the Feedback.
- Advertising. You acknowledge and agree that the Website and/or the Urbery App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Urbery shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links & Third-Party Websites. This Website and the Urbery App (including User Content) may contain links to other websites that are not owned or controlled by Urbery. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Urbery of that third party, third party product or service. Urbery is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website 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 on the Website of a link to any other website(s) does not imply that Urbery endorses or accepts any responsibility for the content or use of such websites, and You hereby release Urbery from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- Release. User acknowledges and agrees that Urbery does not supervise or control interactions between Users and Grocery Gurus, and because Urbery cannot guarantee the true identity, age, or background of Grocery Gurus, User agrees that User bears all risk and User agrees to release Urbery (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every loss or damage of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with User’s interactions and transactions with Grocery Gurus or for any acts or omissions by any Grocery Gurus. User further waives any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, URBERY APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." URBERY 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 TIMELINESS, RELIABILITY, SAFETY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCTS OR GOODS OBTAINED THROUGH THE SERVICE. ANY PRODUCTS, GOODS, INFORMATION OR MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM USING ANY SUCH PRODUCTS, GOODS, INFORMATION OR MATERIAL. URBERY 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, THE URBERY APP OR THE SERVICE, AND URBERY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. URBERY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS AND GROCERY GURUS OR GROCERY STORES.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL URBERY 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, URBERY 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 URBERY APP, OR (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. THESE LIMITATIONS SHALL APPLY EVEN IF URBERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, URBERY’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 U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID URBERY IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. Urbery may alter, suspend, or discontinue this Website, the Urbery App and/or the Service at any time and for any reason or no reason, without notice. The Website, Service and/or Urbery App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Urbery may periodically add or update the information and materials on this Website, the Urbery App and/or the Service without notice.
- Security. Information sent or received over the Internet is generally unsecure and Urbery 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. Urbery will not be liable for any loss or damage arising from your failure to comply with these requirements.
Effective Date: May 19, 2015