Terms of Use

The present Terms of Use govern the use by every person of the Platform, the Content and the Services owned, controlled or provided by Cornershop. This document together with the Privacy Policy contains important legal information. By approving these Terms of Use, by creating a Profile and/or by using the Platform or the Services, you confirm having read and understood these Terms of Use and the Privacy Policy, and you accept that these Terms of Use, the Privacy Policy and any other rules regarding operations, policies and procedures that may be published by Cornershop on the Platform are legally binding on You.

1. Acceptance of Terms of Use

By indicating approval of these Terms of Use, by creating a Profile and/or by using, in any way, the Services or the Platform, the User accepts all these Terms of Use, including the Privacy Policy.

If the User does not approve of the Terms of Use, the User must NOT access or use the Platform in any way, either directly or indirectly, or access or use any information or service offered by the Platform, including any Services or Content.

Some Services may be subject to additional terms and conditions, in which case, by accessing or using such Services the User accepts such additional terms and conditions, and such additional terms and conditions are thereby incorporated by reference into these Terms of Use. If the User does not accept such additional terms and conditions, the User must NOT access or use such Services, in any way.

You agree that it is solely your responsibility to ensure that your access to and use of the Platform and Services complies with the laws of your jurisdiction.

The Services are only available for use by persons who are 18 years of age or older. You may not authorize third parties to use your Profile, and you may not allow persons under 18 years of age to receive services from Cornershop, Third Party Providers, Shoppers or Deliverers. In certain instances you may be asked to provide proof of identity and age to access or use the Platform or Services, and you may be denied access to or use of the Platform or Services if you refuse to provide proof of identity and age.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Platform and Services, including all related expenses.

Some jurisdictions (including the Province of Quebec) do not allow exclusions or limitations on implied warranties, so the following exclusions and limitations may not apply to you: We make no representation that information on the Platform or any Services, Content or Product provided via the Platform, is appropriate or available for use in Canada. You accept the use of the Platform, Contents, Products and Services "as is".

2. About Cornershop

Cornershop is a communication platform that facilitates the connection between Users who wish to place Shopping Orders for Products from Stores, and Shoppers who carry out such Shopping Orders on behalf of such Users and delivered by the Deliverers. The amount paid in addition to the sale prices for the Products corresponds to the payment for the services provided by our Shoppers and Deliverers. The User acknowledges and accepts that each of the Shopper and the Deliverer is a contractor independent of Cornershop, and acts on behalf of the User and as an agent of the User in providing services relating to a Shopping Order, and that Cornershop has no relationship with the User other than to provide Services as set out in these Terms of Use (except in rare circumstances when a Shopper or Deliverer is providing services as an employee of Cornershop). Payment by Users for the services provided by Shoppers and Deliverers for Shopping Orders shall be provided by Cornershop to such Shoppers and Deliverers, and the User accepts that Cornershop may charge commissions to Shoppers and/or Deliverers for the services provided by Shoppers and/or Deliverers.

Cornershop has no control over the quality, time, legality, failures or any other aspects relating in any way to the services offered by Shoppers and Deliverers; but has control only over those Services provided directly by Cornershop.

3. Definitions

All words and phrases used in these Terms of Use that have an upper case first letter (except, the first word in a sentence that is not defined herein or a proper name), will carry the meaning assigned below, or as otherwise expressly assigned in these Terms of Use or Privacy Policy:

Content: all types of information, whether graphic or written, images, audio and videos, including but not limited to locations, ads, news, data, scripts, graphics, drawings or images, texts, designs, schemes, maps and interactive characteristics presented by Cornershop on the Platform (and any software and subjacent programming codes), programs or computational algorithms (in any format), programing modules, operational guidelines, or any content created, provided for or in any way generated and managed by Cornershop, the Users or third parties.

Cornershop or our: Cornershop Technologies Canada ULC, its affiliates, directors, subsidiaries, licensors, shareholders, officers and directors.

Cornershop Credit(s): a score equivalent to $1 in the local currency, exclusively belonging to the User, and which has been given in order to be used as a discount voucher to be applied to the total final sum in the Shopping Order done though Cornershop.

Deliverers: contractors independent of Cornershop, who are linked to or integrated on the Platform and who deliver the Products in a Shopping Order.

Device: mobile telephones and smartphones, tablets, computers and any other electronic devices through which a User may access the Platform.

Platform: website, mobile apps, and the platform operated by Cornershop, which Users use in order to access the Services offered/provided by Cornershop and any Third Party Providers.

Privacy Policy: Cornershop's privacy policy, as amended from time to time, which is contained on the Platform.

Product(s): grocery and pharmacy items, including without limitation food stuffs, personal care products, over-the-counter health products.

Profile: the personal account created by each User that certifies the User's registration on the Platform, with personal information provided by the User to Cornershop, including but not limited to first name, last name, date of birth, address, telephone number, username, email address and password.

Services: all those services offered to Users through the Platform, whether by Cornershop, Shoppers, Deliverers or Third Party Providers.

Shoppers: contractors independent of Cornershop, who are linked to or integrated on the Platform and who attend at the Stores to purchase the Products in a Shopping Order.

Shopping Order: a User's order for the purchase of selected or substituted Products.

Store(s): those retail businesses whose Products are offered through the Platform for purchase in a Shopping Order.

Terms of Use or Agreement: these Terms of Use for Cornershop, as amended from time to time.

Third Party Providers : third parties unrelated to Cornershop that are linked to or integrated on the Platform and/or provide Services.

User(s), you, your: every person, natural or legal, or any representative of that person, who uses or is registered on the Platform for the purchase of Products posted on the Platform.

User Material : all types of photographs, videos, comments, messages or other content generated by Users, which has been uploaded to and shared on the Platform.

4. Payment

You understand that use of the Platform or the Services will result in charges to you for the Services or Products you receive through Cornershop, a Shopper and/or a Deliverer ("Charges"). Cornershop will facilitate your payment of the applicable Charges on behalf of the Shopper or Deliverer as a payment service corollary to the principal Services provided. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Shopper or Deliverer. Charges will be inclusive of applicable taxes where required by law, including GST/HST and PST. Charges paid by you are final and non-refundable, unless otherwise determined by Cornershop or by the applicable legislation.

All Charges are due immediately and payment will be facilitated by Cornershop using a payment method made available at Cornershop's discretion, after which Cornershop will send you a receipt by email. If your primary payment card or other payment method is found to be expired, invalid or otherwise not able to be charged, you agree that Cornershop may, as the Shopper's or Deliverer's as payment service provider, use another available payment card or method in your Profile.

As between you and Cornershop, Cornershop reserves the right to establish, remove and/or revise Charges for any or all Services or Products obtained through the use of the Platform or Services at any time in Cornershop's sole discretion, but in all cases in accordance with the applicable legislation. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or vary for each retail/grocery store available on Cornershop. Cornershop will inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Profile regardless of your awareness of the amounts of such Charges. You may cancel your request for Services or Products at any time prior to payment for Products in a Shopping Order, in which case you may be charged a cancellation fee, unless prohibited by the applicable legislation.

This payment structure is intended to fully compensate Cornershop, the Shopper and Deliverer for the Services and Products provided.

5. Cornershop's Liability Release

Cornershop will bear no responsibility at all for the acts or omissions of Shoppers or Deliverers, or of any Stores or Third Party Providers, all of whom shall bear full responsibility for Services or other services they provide to Users..

Cornershop will not be liable for any complaint, injury or damage that may arise due to the acts or omissions of any Store, Shopper, Deliverer or Third Party Provider, except the stated conditions set out in the previous paragraph. If a dispute arises with a Store, Shopper, Deliverer or Third Party Provider, such dispute shall be between the User and such Store, Shopper, Deliverer and/or Third Party Provider.

THE USER HEREBY RELEASES CORNERSHOP, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, OF ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL COMPLAINTS, ACTIONS, PROCEEDINGS, COSTS, CLAIMS, DAMAGES, DEMANDS, AND EXPENSES INCLUDING BUT NOT LIMITED TO, LAWYER'S FEES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, THAT MAY ARISE AS A CONSEQUENCE OF A DISPUTE BETWEEN A USER AND A STORE, SHOPPER, DELIVERER OR THIRD PARTY PROVIDER.

The User acknowledges and understands that Cornershop is no more than the mere facilitator, through providing use of the Platform, of the interaction between the User and Store, Shopper, Deliverer and Third Party Provider; and the User understands in no case is the User purchasing Products from Cornershop, and that, should damages or infringement to User rights occur, such damages or infringement shall be a matter directly between the User and the Store, Shopper, Deliverer or Third Party Provider, and Cornershop shall not be involved or affected thereby in any way.

Note: There may be limited situations where services of a Shopper or Deliverer are provided by an employee of Cornershop. In those circumstances Cornershop will be responsible to the extent imposed by applicable law. However, as these situations are rare, Users should not rely upon such a possibility.

6. Specific rules about purchases of alcohol, tobacco and vapour products or over-the-counter-medications

Cornershop is not licensed to deliver alcohol, cannabis, tobacco or vapour products. Cornershop does not deliver these items.

If any Shopping Order includes any Product that is an over-the-counter drug Product, the User orders and uses such Product entirely at the User's own risk. The User is advised to contact a doctor to seek medical advice prior to ingesting or otherwise applying any over-the-counter drug Product for any reason.

NO CONTENT OF THE PLATFORM OR CORNERSHOP PROVIDES ANY MEDICAL ADVICE OR HEALTH INFORMATION. CORNERSHOP MAKES NO REPRESENTATIONS REGARDING ANY HEALTH BENEFITS, RISKS, OR HEALTH INFORMATION RELATING TO SUCH OVER-THE-COUNTER DRUG PRODUCTS, AND CORNERSHOP, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, THE SHOPPER AND THE DELIVERER SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH OVER-THE-COUNTER DRUG PRODUCTS AT ALL.

7. Use of Content

Unless otherwise stated, all rights over the Content belong to Cornershop. Users are authorized to use the Platform and download the material contained in it solely for their personal use. The User is hereby granted a personal, revocable, limited, non-exclusive, non-sub licensable, and non-transferable license to use the Content conditioned on your continued compliance with the Terms of Use, all other requirements for the Platform and Services, and all applicable laws and regulations.

Any copy, reproduction, publication, download for non-personal use, coding, modification, translation, interpretation, exhibition, distribution, transmission or media distribution, of the Content without Cornershop's previous, explicit and written authorization is expressly prohibited. Copyrights and all other rights relating to the Content belong to Cornershop, and Cornershop expressly reserves all of its rights to exercise all actions, both civil and criminal, to safeguard its legitimate rights over its intellectual and industrial property in the Content, Platform and Services.

Occasionally there may be Content or other information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to Product prices, descriptions or availability, and Cornershop Credits. Unless prohibited by the applicable legislation, Cornershop reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse to cancel Shopping Orders if any information on the Platform is inaccurate at any time, without prior notice (including after you have submitted your Shopping Order and provided payment). Please note that prices of Products on the Platform may be different than prices offered for the same Products in-store by the same retailer.

CORNERSHOP ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE PLATFORM. THE CONTENT ON THE PLATFORM MAY BE CHANGED WITHOUT NOTICE TO YOU. CORNERSHOP IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. CORNERSHOP DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

8. User Material

Should the Platform permit the publication or uploading of User Material by Users, such User Material will be deemed, at all times, to be non-confidential. By publishing or uploading User Material to the Platform or otherwise for the Services, the User grants Cornershop a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use, reproduce, distribute, modify, show and transfer User Material for Cornershop's promotion, support and any other purposes of Cornershop or permitted Third Party Providers. Cornershop grants every User with a personal, revocable, limited, non-exclusive, non-sub-licensable, and non-transferable license to access their User Material through the Platform, and to publicly show and represent such User Material in accordance with the Terms of Use.

The User represents and warrants that: (i) the User is the owner of the User Material or - the User has the authorization of the owner of the User Material for the publishing and uploading of the User Material to the Platform or otherwise for the Services; (ii) the User Material is not illicit, obscene, defamatory, offensive, pornographic, odious, racist or inadequate in any way; (iii) the User Material will not damage the reputation of Cornershop or any third party; and that (iv) the User has all rights and authorities to provide the User Material and these representations and warranties to Cornershop, and in doing so the User is acting in accordance with all applicable laws. Cornershop reserves the right to refuse to make any User Material accessible via the Platform or any Services, and to remove any User Material from the Platform, in Cornershop's sole discretion and without any previous warning, liability or responsibility to the User or any other person.

Cornershop does not support or endorse any kind of User Material, including but not limited to any recommendation or advice, and the User releases Cornershop from any and all liability and responsibility relating in any way to User Material generated by any User. The User understands and accepts that User Material can contain inaccurate, harmful or offensive information, and the User agrees that it will at no time lodge any complaint or file any legal claim of any nature against Cornershop in relation to any User Material.

Cornershop may provide links, in its sole discretion, to other Internet sites or networks of Third Party Providers, or provide Third Party Provider content, on the Platform or its Services. Such content is owned by Third Party Providers, and such links are to other sites or networks that are maintained by Third Party Providers over which Cornershop exercises no control and for which Cornershop bears no liability or responsibility. These Terms of Use are not applicable to any third party links, websites or networks, as those are governed by the policies of the third party, and we suggest that you review the applicable policies before engaging in use of any third party link, website or network. Your correspondence or any other dealings with third parties are solely between you and the third parties.

9. User Account

Each person may only create one Profile and the person who creates a User Profile is the only authorized person to access the Platform by means of said User Profile. The User is responsible for maintaining the confidentiality of any password or account number provided by the User or Cornershop in order to access the Platform. Every User is the sole responsible party for all the activities executed under their Profile or password. Cornershop has no control over the use of the User's Profile and therefore disclaims all responsibility and liability relating to such use. If the User suspects a third party might be accessing the Platform through their User Profile or using their password, the User shall immediately notify Cornershop in writing by sending an email to help@cornershopapp.com. By providing your telephone number you are granting express consent for Cornershop to make use of said number in order to make calls and send text messages for the corresponding provision of the Platform and Services.

Cornershop may suspend and/or delete any User Profile that is not created in accordance with these Terms of Use, including by providing false information, or by creating more than one Profile for one person.

The User acknowledges and agrees that a Shopper or Deliverer may contact the User in relation to a Shopping Order, or the provision of Services relating to a Shopping Order, through any contact information provided in the User's Profile, or through contact information the User provides directly to the Shopper or Deliverer, or with a Shopping Order. Cornershop does not bear any responsibility or liability for any such contact between the User and any Shopper and/or Deliverer.

Should any Product in a Shopping Order not be available when a Shopper is filling a Shopping Order, the Shopper has the discretion to either contact the User to obtain instructions for a substitution for the unavailable Product, or Product to be included in the Shopping Order.

10. Cornershop Pop

Cornershop Pop is an optional subscription service that offers reduced-costs for deliveries and exclusive offers to its members. The cost of such subscription is published in Cornershop's app and website. Cornershop currently offers annual subscriptions. Reduced delivery costs will not be applicable to any distance surcharges.

The annual membership is a fixed one-year term and will automatically be renewed at the end of each term for an additional year, except: (1) in the Province of Quebec, or (2) if you notify us before the renewal that you do not wish to renew. We will send a notice to you at least 30 days before the end of the term, which notice will also set out any changes to subscription plans, terms and conditions and the price of our service for the renewal period at least 30 days before the renewal takes place.

The terms and conditions for the use of Cornershop Pop may be amended from time to time (except for the subscription plans and the price of our service, which are subject to the terms set out above), and you are advised to consult such terms in the website or app to remain apprised of the current version of such terms. Amendments to such terms and conditions will be applied to both new and existing memberships following notice to you. Cornershop will send you, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out exclusively the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. You may refuse the amendment and terminate your subscription to Cornershop Pop without cost, penalty or cancellation indemnity by sending Cornershop a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the your obligations or a reduction in Cornershop’s obligations.

This paragraph is not applicable in the Province of Quebec. The initial renewal setting for all subscriptions will be set to automatically renew subscriptions, and you will have the option to alter the renewal setting by clicking on "Account”, then "Pop", and then deselecting the button for "Automatic Renewal". The automatic renewal will be charged to the card with which the Pop subscription was originally purchased and, if this payment method fails, an attempt will be made to charge the automatic renewal to another of the payment methods associated with your Cornershop account.

Cancellation: You can cancel your Pop membership at any time by sending an email to help@cornershopapp.com. Upon cancellation of the 1-year subscription plan, Cornershop will refund the fees you have previously paid for any months left in your subscription.

To cancel, go to the "Account" page and follow the instructions for cancellation.

Billing: The fees for the Pop service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page.

This paragraph is not applicable in the Province of Quebec. Cornershop reserves the right to cancel your subscription to Cornershop Pop without prior notification and at Cornershop's sole discretion. If Cornershop cancels your subscription, a monetary refund will automatically be processed to repay you fees you have previously paid for any months left in your subscription.

11. Disclaimers

SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC) DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LIABILITY, SO THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE PLATFORM AND THE SERVICES PROVIDED BY CORNERSHOP IS AT THE USER'S OWN RISK. CORNERSHOP DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL OPERATE ERROR-FREE, ON AN UNINTERRUPTED BASIS, OR THAT IT IS FREE FROM VIRUSES, MALWARE OR OTHER MALFUNCTIONING OR DANGEROUS PRODUCTS. THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND CORNERSHOP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-VIOLATION OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OF THE PLATFORM OR SERVICES. MOREOVER, CORNERSHOP DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY STORE, SHOPPER, DELIVERER, USER OR THIRD-PARTY PROVIDED CONTENT, MATERIALS, LINKS, WEBSITES, NETWORKS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE PLATFORM OR SERVICES, AND YOU AGREE THAT CORNERSHOP SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A STORE, SHOPPER, DELIVERER OR THIRD PARTY.

CORNERSHOP DOES NOT OFFER ANY KIND OF REPRESENTATION OR WARRANTY RELATED TO THE EXACTITUDE, RELIABILITY, EXHAUSTIVENESS, VALIDITY OR TOTALITY OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXTS, GRAPHICS OR LINKS AVAILABLE THROUGH THE PLATFORM, OR TO THE CONTENT OF ANY WEBSITE LINKED TO THE PLATFORM, OR ANY OF THE STORES. CORNERSHOP ASSUMES NO RESPONSIBILITY DERIVED FROM: (I) MISTAKES OR IMPRECISIONS IN THE CONTENT; (II) PERSONAL INJURIES OR DAMAGES TO PROPERTY, OF ANY KIND, AS A RESULT OF THE ACCESS AND USE OF THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS FOR CORNERSHOP AND/OR ANY TYPE OF PERSONAL AND/OR FINANCIAL INFORMATION STORED IN THEM; OR (IV) A STORE'S DENIAL TO GIVE OUT THE PURCHASED PRODUCTS.

THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE PLATFORM OR ON THE INTERNET, OR SUBMISSIONS TO THE PLATFORM OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE PLATFORM AND THE CONTENT IS AT YOUR OWN RISK AND CORNERSHOP AND SUPPLIERS ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE PLATFORM, OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION OR PERSONAL INFORMATION, OR ANY MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE BY THIRD PARTIES THEREOF.

If the use of the Platform results in the need to get technical assistance or the replacement of a device or data, Cornershop will not be responsible for such costs.

12. License to Use

Cornershop owns all intellectual property rights in the Platform and Services. You are granted a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the Platform and Services conditioned on your continued compliance with the terms and conditions of these Terms of Use, all other Cornershop requirements for the Platform and Services, and all applicable laws and regulations. Neither these Terms of Use nor your use of the Platform or Services convey or grant to you any rights: (i) in or related to the Platform or Services except for the limited licenses expressly granted herein; or (ii) to use or reference in any manner Cornershop's company names, logos, product and service names, trademarks or services marks or those of Third Party Providers or any of Cornershop's licensors.

You agree not to do any of the following: use the Platform or Services in any manner that could disable, overburden, damage or impair the Platform or interfere with any other party's use of the Platform or Services including their ability to engage in real time activities through the Platform; use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Platform for any purpose including monitoring or copying any of the material on the Platform; attempt to gain unauthorized access to, interfere with, attack, damage or disrupt any parts of the Platform, web/Internet or the server on which the Platform is hosted; attempt to interfere with the proper working of the Platform, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Platform; use the Platform or Service to fraudulently misrepresent yourself, impersonate another person, engage in false advertising, defraud or defame any person, engage or participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or collect any personally identifiable information from any user of the Platform or Services without that person's knowledge and consent; create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means, be they physical, electronic or otherwise; or use the Platform or Services in any manner that promotes and/or enables illegal or unlawful activities;

Such unauthorized use is a material breach of these Terms of Use, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

13. Notifications and Complaints

Users shall immediately notify Cornershop of any behavior or content that may infringe these Terms of Use, the Privacy Policy or the applicable law. Upon receipt of such report, Cornershop, at its sole discretion, will determine if any activity shall be taken in response to such report, including but not limited to whether such behavior or content is to be deleted or modified.

14. Limitation of Liability

SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC) DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LIMITATION OF LIABILITY, SO THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

CORNERSHOP SHALL NOT BE RESPONSIBLE FOR OR BEAR ANY LIABILITY FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND CORNERSHOP'S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CORNERSHOP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OF THE PLATFORM OR SERVICES OR FOR ANY INFORMATION, WEBSITE, NETWORK, PRODUCT, CONTENT, SERVICES OR MATERIALS AVAILABLE THROUGH THE PLATFORM OR SERVICES; ANY CLAIM CORNERSHOP EXPRESSLY DISCLAIMS RESPONSIBILITY FOR IN THIS AGREEMENT; ANY DIRECT OR INDIRECT DAMAGE, LOSS OF PROFIT, EMERGING DAMAGE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, RESULTING FROM: (I) THE USE OF THE PLATFORM; (II) THE RESPONSIBILITY OF ANY STORE, SHOPPER OR DELIVERER THAT DOES NOT OFFER THEIR SERVICES UNDER CORNERSHOP'S SUBORDINATION-DEPENDENCY AGREEMENT; (III) THE PERFORMANCE OF OR BROWSING IN THE PLATFORM AND/OR LINK THEREIN TO OTHER SITES, EVEN IF CORNERSHOP HAS BEEN INFORMED OF THE POTENTIAL FOR DAMAGES; (IV) THE QUALITY AND QUANTITY OF THE PRODUCTS DELIVERED TO THE USER; (V) THE SAFETY OF THE PURCHASED PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY FOOD SAFETY RELATED ISSUES; OR (VI) INCORRECT, INCOMPLETE OR ERRONEOUS INFORMATION ABOUT THE PRODUCTS; OR FOR ANY DAMAGES DERIVED FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, LOSS OF PROFIT, EMERGENT DAMAGE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION IS JUSTIFIED OR NOT; WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CORNERSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF CORNERSHOP FOR ANY REASON RELATED TO USE OF THE PLATFORM OR SERVICES, OR ANY OTHER REASON AT ALL, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE PLATFORM OR SERVICES (DURING THE TWELVE (12) MONTHS PRIOR TO ANY EVENT ON WHICH A CLAIM IS BASED).

15. Indemnity

You agree at all times to indemnify, defend and hold harmless Cornershop, its agents, suppliers, Third Party Providers and other third parties engaged by or otherwise assisting Cornershop, and their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, fines, sanctions, demands, liabilities and expenses (including legal and other fees and disbursements) sustained, incurred or paid by Cornershop directly or indirectly in respect of: (i) any information, Profile, User Materials, or any other content you provide on or through the Platform or Services or which is sent to Cornershop by email or other correspondence, or any activities you engage in through the Platform or Services as a member or in any other capacity; (ii) any third party claims, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Profile, User Materials, or any other content you provide on or through the Platform or Services, or any activity or omission relating to the Platform or Services by you; (iii) your use or misuse of the Platform or Services; (iv) your unauthorized use of the Platform; or (v) any infringement of these Terms of Use or any applicable law, including without limitation, the violation of any law, ordinance, administrative order, rule or regulation.

Cornershop will have the right to assume the defense against any claim, appeal or procedure.

16. Termination

Cornershop may modify or interrupt the Platform, or may modify, suspend or interrupt its access or support, due to any reason, at its sole discretion, with or without notice, and with no responsibility towards any Users or third party. Upon a User's loss of the right to use the Platform or Services, the Terms of Use will be applicable or executable against such User.

The User may terminate these Terms of Use at any time by stopping use of the Platform or closing the User's Profile. These Terms of Use will be terminated upon ninety (90) days of non-use by a User of the Platform and/or the Services, or upon any illicit or abusive activity by a User. Upon such a termination: all terms that survive termination shall remain applicable and in effect for User; and Cornershop may delete the User's account, Profile and all other information provided by said User. The termination of the Agreement for such User, for any reason, will not cause Cornershop to owe any compensation to User other than as is expressly set out in these Terms of Use.

17. Dispute Resolution-Arbitration

This dispute resolution provision in not applicable in the Province of Quebec.

Any difficulty or dispute that may arise between the User and Cornershop regarding the application, interpretation, duration, validity, or implementation of these Terms of Use will be submitted for arbitration and resolution before a sole arbitrator (the "Arbitrator") selected in accordance with the Simplified Rules of the ADR Institute of Canada, Inc. The parties agree that the arbitration shall proceed under the Simplified Rules of the ADR Institute of Canada, Inc.

No appeal against the Arbitrator's resolutions shall proceed, resigning both parties from making such appeals. The Arbitrator is especially empowered to resolve every issue related to these Terms of Use and the relationship between User and Cornershop.

18. Cornershop credits, free deliveries, discounts and offers

Cornershop reserves the right to give free or reduced-cost Services, deliveries, discounts, coupons, or credits to Users (the "Cornershop Credits") as part of its marketing campaigns. Cornershop credits are promotional codes that can only be obtained as part of a Cornershop promotion or marketing campaign which happens from time to time. Cornershop credits cannot be purchased. These Cornershop Credits may be directed to a User's Profile, and may be applied to a User's Shopping Order subsequent to the provision of the Cornershop Credits. Under no circumstance can any Cornershop Credits be transferred from one User to another, or be exchanged for cash or other monetary value.

Cornershop Credits cannot be obtained through the creation of multiple User Profiles. A User may only have one User Profile. Cornershop Credits accumulated in multiple Cornershop Profiles cannot be combined into one Cornershop Profile.

In any given Shopping Order, Cornershop reserves the right to liquify the total or any portion of the Cornershop Credits accumulated in the Profile by the User in order to pay for such Shopping Order or the delivery costs for such Shopping Order.

At the sole discretion of Cornershop, Cornershop Credits promotions can have a limited duration of time of availability or utility. Cornershop reserves the right to revoke any Cornershop Credits without any notification to Users. Cornershop may suspend or terminate Cornershop Credits accumulated in a Profile, the User's capacity to participate in the accumulation of any Cornershop Credits, or any marketing campaign or other program granting Cornershop Credits, at any given time and for any reason at Cornershop's sole discretion. Requirements and incentives relating to Cornershop Credits may be changed at any time by Cornershop at its sole discretion.

Cornershop Credits obtained as a result of illicit activities are null and void, with no effect. Cornershop reserves the right to suspend any Profile or eliminate any recommendation if Cornershop notices any activity that is illicit or abusive by any User or otherwise in relation to any Cornershop Credits.

19. Modifications

Cornershop may, at its sole discretion, change or modify without any previous notice, these Terms of Use including the Privacy Policy. Modifications to the Terms of Use will be applied from the moment of their publication on the Platform and shall be applicable to all transactions occurring after such publication, without altering, in any way, the transactions executed prior to such publication.

Cornershop will send you, at least 30 days before the amendment comes into force, a notice setting out the new provision, or the amended provision and the provision as it read formerly, and the date of the coming into force of the amendment. You may refuse the amendment and terminate these Terms and Use without cost, penalty or cancellation indemnity by sending Cornershop a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in the Cornershop’s obligations.

20. Non-Agency

The Agreement or your use of the Platform or Services does not create any contractual agency relationship, association, joint company, employer-employee, joint venture, partnership, affiliate, agency or franchisor-franchisee relationship between you and Cornershop.

21. No Assignment

These Terms of Use are personal and cannot be delegated, assigned, transferred or sublicensed, except with Cornershop's prior and written consent. Cornershop may assign, transfer, sublicense or delegate any of its rights and obligations in virtue of the present Terms of Use without the User's consent.

Unless otherwise stated in this Terms of Use, all warnings and notifications will be considered duly delivered from the earlier of: the moment of their publication on the Platform, or the moment the User has been notified accordingly.

22. Contact

If there are any questions or doubts about the Terms of Use, including the Privacy Policy, the use of the Platform, Services or the Profile, the User may contact Cornershop through our Customer Service chat available in the app and on the website, or via email at: info@cornershopapp.com. Messages received by Cornershop at such chat or email address will be processed as quickly as feasible in a commercially reasonable manner.

23. Enforcing Security on the Platform

Cornershop reserves the right to view, monitor, and record your activity on the Platform without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be provided to: (i) law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Platform; (ii) government agencies as required for any disclosures required by or under applicable law; and (iii) other third parties as required for Cornershop to comply with any court orders or subpoenas involving requests for such information.

24. Applicable Law and Severability

This applicable law provision is not applicable in the Province of Quebec.

These Terms of Use have been made and will be construed and enforced solely in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

The Terms of Use including the Privacy Policy constitute a complete and the entire agreement between the User and Cornershop with respect to the Services, Platform, Content use and other subject matter herein, and substitute all communication and proposals, prior or contemporary – either written, oral or electronic – between the User and Cornershop.

25. Miscellaneous

Injunctive Relief. You acknowledge that any breach, whether threatened or actual, of these Terms of Use, including, without limitation, with respect to unauthorized use of Cornershop's proprietary rights or assets, will cause irreparable injury to Cornershop, such injury would not be quantifiable in monetary damages, and Cornershop would not have an adequate remedy at law. You therefore agree that Cornershop shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that Cornershop post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Cornershop to enforce any provision of these Terms of Use.

Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Cornershop of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Exclusion: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to a trial by jury. Except if you are located in the Province of Québec, you also agree to waive any right you may have to commence or participate in any class action against Cornershop related to the Platform, the Services, the Content, the Products, the services or products of any Shopper, Deliverer or Third Party Provider, or these Terms of Use and, where, applicable, you also agree to opt out of any class proceedings against Cornershop, its agents, or its licensors.

26. Returns

If a product you receive is in poor condition or it is wrong, please report it to help@cornershopapp.com or through the in-app chat so we can find you a solution. Refunds can be made in Cornershop credits or directly to the payment method used in the order.

Refunds directly to the card may take 5 to 10 business days to be reflected in your account.

Returns are subject to the policies of each specific store and branch.

27. Cornershop referral program terms

See Cornershop referral program terms here

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