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Terms

TERMS

 

Last updated on March 4, 2018

 

 

These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Services available by SNAKCITY INC. SNAKCITY INC owns and operates the website located at www.snakcity.com (“Website) and the SNAKCITY mobile applications (“APP”). These Terms constitute a legal agreement between you and SNAKCITY INC. In order to use the Service you must agree to these Terms.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

 

SERVICE

SNAKCITY provides a mobile app and web-based technology system that connects consumers, retail stores, liquor stores and restaurants, with independent contractor deliverers to facilitate on-demand delivery services (the "System"). Through the System consumers may request that merchandise or food be delivered to them from particular retail locations or restaurants. Independent contractor deliverers can access the System and receive delivery opportunities. SNAKCITY INC is not a retail store, restaurant, merchandise delivery service, food preparation entity. SNAKCITY DOES NOT PROVIDE DELIVERY SERVICES DIRECTLY. INDEPENDENT CONTRACTORS (EACH A "DELIVERER") OFFER DELIVERY SERVICES THROUGH USE OF THE SERVICE. SNAKCITY OFFERS INFORMATION AND A METHOD TO OBTAIN DELIVERER SERVICES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DELIVERER.

 

TERMS

You may use the Service only as set forth in these Terms; Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; You consent to the collection, sharing, and use of your personally identifiable information in accordance with SNAKCITY INC. Privacy Policy; The Service is provided "as is" without warranties of any kind, and SNAKCITY’s liability to you is limited; and Disputes arising under these Terms will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND SNAKCITY INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.  

REGISTRATION

You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us: That you are at least eighteen (18) years old; That you have not previously been suspended or removed from the Service; and That your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

CUSTOMER ACCOUNT

When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected]. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, THE COMPANY HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.

 

RESTRICTIONS

At its sole discretion, SNAKCITY may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. These provisions shall survive the termination of this Agreement.

 

PAYMENT

Certain features of the Service, including the placing of orders using the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept an estimate of the fees that you will be charged. All fees are in Canadian Dollars and are non-refundable. We may change the fees for the Service at any time as we deem necessary for our business. We encourage you to check our website periodically to learn more about how we charge for the Service.

 

 

PRICING

SNAKCITY INC. reserves the right to change prices at any time, at it’s discretion. Item prices displayed through the Service may differ from the prices displayed or offered by merchants in-store or online. COUPONS, DISCOUNT CARDS AND GIFT CARDS ARE NOT ACCEPTED FOR ONLINE DELIVERY. The Company has no obligation to adjust products or pricing to reflect promotional offers or prices displayed in-store or online.

 

REFUNDS

A no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever. SNAKCITY, at its sole discretion, may offer credits or refunds on a case-by-case basis.

 

PLACING ORDERS

Once an order has been placed and payment authorized it will be sent to the selected merchant and deliverer notified. Once order has been accepted, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your order details, items, billing, delivery address, and other relevant personal information is current, complete, and accurate.

Purchasing with Credit Card, ALL credit card purchases must be recieved by the card holder. Photo ID and the credit card used to order are required to be presented to the deliverer upon arrival. Orders will not be provided to customer without matching Identifcation and credit card - No excpections. Fees will apply.

SNAKCITY INC and it’s merchants may at their discretion, reject or cancel orders at any time because they are too busy, due to weather conditions or for any other reason.

 

ORDERS CONTAINING ALCHOL, TOBACCO OR LOTTERY

Alcohol, Tobacco and Lottery products may only be purchased by individuals, who are at least the of Legal Age in the province they reside. You expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide bona fide government-issued photo identification to your deliverer upon delivery to you. Valid forms of identification include but are not limited to: (i) a valid motor vehicle operator’s license, (ii) a passport issued by Canada or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age. Deliveries of Alcohol will not be made to anyone who can not provide valid ID, matching the name on the order or is intoxicated, regardless of his or her age. If a deliverer is unable to complete the delivery of these products for either of these reasons, you will incur a non-refundable $20 re-stocking fee.

 

THIRD-PARTY INTERACTIONS

(i) You may purchase goods and services from third-party merchants through the Service. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. SNAKCITY and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall SNAKCITY or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and SNAKCITY disclaims any and all responsibility or liability arising from such agreements between you and a third party. (ii) The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing. (iii) The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. (iv) You may engage third-party Deliverers through the Service to provide delivery services to you and may interact with those Deliverers. Any interactions or disputes between you and a Deliverer are solely between you and that Deliverer. SNAKCITY INC and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Deliverer.

 

INTERNET & ORDER DELAYS

The Company’s Website, Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, connection issues, delivery failures, or other economic damage resulting from such problems. 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.

While we try to ensure the Website and App is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

 

YOUR USE OF THE SERVICE

In order to use the Service, you agree to the following: The Service, including any content that forms part of the Service, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright; You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials; Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization; You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human use; You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission; You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so; You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent SNAKCITY makes available the means for embedding any part of the Service; You agree not to access, tamper with, or use non-public areas of the Service, SNAKCITY’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of SNAKCITY’s providers; You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data; You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SNAKCITY is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service; You agree that your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service.

 

CONSENT TO USE OF DATA

Please see SNAKCITY INC Privacy Policy, for more information regarding information SNAKCITY collects, and how it uses and shares that information.

 

INTELLECTUAL PROPERTY OWNERSHIP

The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of SNAKCITY and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by SNAKCITY in these Terms are expressly reserved.

 

FEEDBACK

You may choose to, or SNAKCITY INC may invite you to, submit comments, bug reports, ideas or other feedback about the Service ("Feedback"). By submitting Feedback, you agree that SNAKCITY is free to use such Feedback at its discretion without any obligation to you. SNAKCITY may also choose to disclose Feedback to third parties. You hereby grant SNAKCITY a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

 

INDEMNITY

You are responsible for your use of the Service, and you agree to defend (at SNAKCITY’ option) and indemnify SNAKCITY INC and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or Any dispute or issue between you and any third party, including any Deliverer, restaurant or other third-party merchant SNAKCITY reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, SNAKCITY may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without SNAKCITY’ prior written consent.

DISCLAIMER OF WARRANTIES

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY SNAKCITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SNAKCITY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. SNAKCITY DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNAKCITY’ SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SNAKCITY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SNAKCITY RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. SNAKCITY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION. SNAKCITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A RESTAURANT OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND SNAKCITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL SNAKCITY’S AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO SNAKCITY IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR $100, WHICHEVER IS LESS. IN NO EVENT SHALL SNAKCITY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF SNAKCITY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE SERVICE CONNECTS YOU TO DELIVERERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING DELIVERER SERVICES. SNAKCITY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERERS AND YOU EXPRESSLY WAIVE AND RELEASE SNAKCITY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE DELIVERERS. SNAKCITY WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS OR RETAILERS ON THE SYSTEM, AND YOU EXPRESSLY WAIVE AND RELEASE SNAKCITY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, RETAILERS, AND THE ITEMS THEY PROVIDE. SNAKCITY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY DELIVERERS, MERCHANTS, OR RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE SNAKCITY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.

 

DISPUTE RESOLUTION AND ARBITRATION

(i) Disputes SNAKCITY is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Deliverer or other third party. (ii) Generally In the interest of resolving disputes between you and SNAKCITY in the most expedient and cost effective manner, you and SNAKCITY agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SNAKCITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. (iii) Exceptions Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: Bring an individual action in small claims court; Pursue an enforcement action through the applicable federal, provincial, or local agency if that action is available; Seek injunctive relief in a court of law; or To file suit in a court of law to address an intellectual property infringement claim. (iv) Notice Process A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). SNAKCITY’ address for Notice is: [email protected]. (v) No Class Actions YOU AND SNAKCITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SNAKCITY agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. (vi) Modifications If SNAKCITY makes any future change to this arbitration provision (other than a change to SNAKCITY’ address for Notice), you may reject the change by sending us written notice within 30 days of the change to SNAKCITY’ address for Notice, in which case your account with SNAKCITY will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

 

MODIFICATION OF THESE TERMS

We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms of Service. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: Your first use of the Service with actual notice of such change, or 30 days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

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