Chinese Traditional Sponge Cake 古法馬拉糕  (12 pcs)

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE GOBUYPLUS ENTITY (AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF GOBUYPLUS’S WEBSITE LOCATED AT WWW.GOBUYPLUS.CA, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS GOBUYPLUS MOBILE APPLICATIONS (THE “GOBUYPLUS PLATFORM APP”)(TOGETHER THE GOBUYPLUS PLATFORM APP AND THE WEBSITE CONSTITUTE THE “GOBUYPLUS PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE GOBUYPLUS PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS OR PROVIDERS OF COURIER SERVICES TO OTHER USERS OF THE GOBUYPLUS PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE GOBUYPLUS PLATFORM, USERS WHO DOWNLOAD THE GOBUYPLUS PLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE GOBUYPLUS PLATFORM AS A CUSTOMER OR TO OPERATE AS A VENDOR OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART I). IF YOU ARE USING THE GOBUYPLUS PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING GOBUYPLUS PLATFORM OR THE GOBUYPLUS SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE GOBUYPLUS PLATFORM AND THE GOBUYPLUS SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY VENDORS THAT MAY BE DELIVERED BY COURIERS. YOU UNDERSTAND THAT GOBUYPLUS’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT GOBUYPLUS IS NOT A VENDOR OR COURIER NOR IS GOBUYPLUS RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH VENDORS OR COURIERS.

BY ACCESSING, BROWSING AND USING THE GOBUYPLUS PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE GOBUYPLUS PLATFORM OR GOBUYPLUS SERVICES OR ANY OF THEIR CONTENT OR SERVICES.

IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY GOBUYPLUS IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, GoBuyPlus will make a new copy of the Terms of Service available on the GoBuyPlus Platform. We will also update the "Last Updated" date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account we may also send an e- mail to you at the last e-mail address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the GoBuyPlus Platform. GoBuyPlus may require you to provide consent to the updated Terms of Service in a specified manner before further use of the GoBuyPlus Platform and/or the GoBuyPlus Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the GoBuyPlus Platform and/or the GoBuyPlus Services. Otherwise, your continued use of the GoBuyPlus Platform and/or GoBuyPlus Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE GOBUYPLUS PLATFORM TO VIEW THE MOST CURRENT TERMS.

INDEX You should read these Terms of Service in their entirety, however, this index is provided for ease of reference to enable you to navigate to specific sections of the Terms.

• GENERAL TERMS

  GoBuyPlus Parties

  Users and Applicable Legal Terms

  GoBuyPlus Accounts

  Licensed Access to the GoBuyPlus Platform and Permitted Use

  No Unlawful or Prohibited Use

  Intellectual Property Terms

  Advertising and Third-Party Websites

  Platform Updates and Availability

  Disclaimers

  No Implied Warranties; Limitations of Liability

  Indemnification

  Governing Law and Dispute Resolution

  Miscellaneous

• ORDERING TERMS

  Access, GoBuyPlus Services and Products

  GoBuyPlus Customer Account

  Placing Orders

  Customer Care, Goods Contract, Third Party Couriers and Refunds

  Payment Processing Services

  Price and Payment

  Pickup or Delivery

  Alcohol

• PROMOTIONAL VOUCHERS, REFER-A-FRIEND PROGRAM, GIFT CARDS AND GOBUYPLUS CREDITS AND CONTESTS

  Promotional Vouchers

  Refer-A-Friend Program

  Gift Card Terms and GoBuyPlus Credits

  Contests/Competitions

• GENERAL TERMS

  GoBuyPlus Parties

  • If you are accessing or using the GoBuyPlus Platform outside of Canada, these Terms of Service form an agreement between you and GoBuyPlus and the shareholder (“GoBuyPlus.ca”), a company incorporated under the laws of Canada.

  • If you are accessing or using the GoBuyPlus Platform within Canada, these Terms of Service form an agreement between you and GoBuyPlus.ca, which is a wholly owned subsidiary of GoBuyPlus.ca and vvs1.shop. 

  • GoBuyPlus.ca, vvs1.shop., and their affiliates, officers, directors and employees, are referred to in these Terms of Service as the “GoBuyPlus Group”. For the avoidance of doubt, the GoBuyPlus Group does not include any third parties such as Vendors and Couriers (as such terms are defined in Section 2 of Part I offering goods or services through the GoBuyPlus Platform.

  Users and Applicable Legal Terms

  • Definition of Users. The GoBuyPlus Platform facilitates the ordering by consumers/end users of the GoBuyPlus Platform ("Customers") of food, drinks and other products (collectively "Goods") offered by restaurants and store owners through the platform ("Vendors") and the delivery of such Goods through independently contracted couriers who are users of the GoBuyPlus Platform (the "Couriers"). Collectively, Customers, Vendors and Couriers constitute "Users" of the GoBuyPlus Platform and these Terms of Service apply to all Users.

  • GoBuyPlus Privacy Policy. Please note that important information about GoBuyPlus’s practices on the collection, use and disclosure of Users’ personal information submitted via the Website or the GoBuyPlus Platform App is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Service. Please see further Privacy Policy in our section.

  • Additional Terms for Vendors and Couriers. In addition to these Terms of Service and the Privacy Policy, Vendors and Couriers are subject to additional terms agreed in separate agreements with GoBuyPlus in respect of the goods/services offered by such Users. In the event of any conflict between these Terms of Services and the separate agreement you have with GoBuyPlus, the terms of the separate GoBuyPlus agreement will govern.

  • Additional Terms for Customers. Specific terms on ordering are set out in Part II of these Terms of Service. Vendors may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information when you order from them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to GoBuyPlus that you have familiarized yourself and agree with those privacy policies or statements imposed by any Vendor with whom you elect to deal through the GoBuyPlus Platform.

  • Additional Terms for All Users. Voucher Terms and Contest Rules are addressed in Part III of this Terms of Service.

  • GoBuyPlus may from time to time implement additional guidelines and codes of conduct for use of the GoBuyPlus Platform and Customer Services. Any such terms will be notified to Users and will be incorporated by reference into these Terms of Service.

  • Additional Terms and Conditions for GoBuyPlus Platform App Users. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the use of Google Maps services and content, or to the GoBuyPlus Platform App if downloaded from the Apple App Store or the Google Play Store.

  The GoBuyPlus Platform may use services and content from Google Maps or Google Earth. You acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
  The following additional terms and conditions apply to you if you are using a GoBuyPlus Platform App. You acknowledge and agree that:
  These Terms of Service are entered into between you and GoBuyPlus. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "download service providers") are parties to this Terms of Service agreement nor will they have obligations with respect to the GoBuyPlus Platform App. The applicable GoBuyPlus party not Apple or Google, is solely responsible for the GoBuyPlus Platform App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the GoBuyPlus Platform App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. If GoBuyPlus fails to conform to any applicable warranty, you may notify the download service provider used to obtain the GoBuyPlus Platform App and they will refund the purchase price (if any) of the GoBuyPlus Platform App in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the GoBuyPlus Platform App will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the GoBuyPlus Platform App and GoBuyPlus, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is GoBuyPlus’s responsibility. You and us both acknowledge that GoBuyPlus, not the download service provider used to obtain the GoBuyPlus Platform App, is responsible for addressing any end-user or third-party claims related to the GoBuyPlus Platform App, including, but not limited to: (a) product liability claims, (b) any claim that the GoBuyPlus Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the GoBuyPlus Platform App or your possession or use of the GoBuyPlus Platform App infringes on that third party’s intellectual property rights, as between GoBuyPlus and the download service provider used to obtain the GoBuyPlus Platform App, the GoBuyPlus Platform App will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a Canada Government embargo, or that has been designated by the Canada Government as a "terrorist supporting" country, and you are not listed on any Canada Government list of prohibited or restricted parties.

  GoBuyPlus Accounts

  • Accurate Information. You represent and warrant that all information supplied by you on the GoBuyPlus Platform (including information provided by you to create an account for use of the GoBuyPlus Platform (a "GoBuyPlus Account")) or in connection with your use of the GoBuyPlus Services is true, accurate, current and complete.

  • Security of GoBuyPlus Accounts. Any GoBuyPlus Account must be kept secure and you agree that you will not share or disclose your GoBuyPlus Account credentials with anyone. No members of the GoBuyPlus Group will be liable for any loss or damage arising from your failure to safeguarding your GoBuyPlus Account, use a strong password or limit its use to your GoBuyPlus Account. You may browse some of the GoBuyPlus Platform without creating a GoBuyPlus Account.

  • Discretionary Access to GoBuyPlus Accounts. GoBuyPlus reserves the right to deny your request for a GoBuyPlus Account (including usernames) and to disable or terminate access to any GoBuyPlus Account (including usernames) issued to you at any time in GoBuyPlus’s sole discretion. If GoBuyPlus disables access to a GoBuyPlus Account issued to you, you will be prevented from accessing the GoBuyPlus Platform or the GoBuyPlus Services, your GoBuyPlus Account details, Orders or other information that is associated with your GoBuyPlus Account.

  • Suspension, Term, Termination and Deletion of GoBuyPlus Accounts. We may suspend or terminate your ability to access the GoBuyPlus Platform, or cease providing you with all or part of the GoBuyPlus Services at any time for any or no reason, including, if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the GoBuyPlus Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the GoBuyPlus Platform or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by GoBuyPlus in its sole discretion and that no members of the GoBuyPlus Group will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the GoBuyPlus Platform. Any suspension or termination of this Agreement by GoBuyPlus will be in addition to any and all other rights and remedies that GoBuyPlus may have.

  • Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your GoBuyPlus Account be deleted, ceasing use of the GoBuyPlus Platform, the GoBuyPlus Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your GoBuyPlus Customer Account, we may disable your GoBuyPlus Customer Account but keep the disabled GoBuyPlus Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination of these Terms of Service at any time by requesting by email (or any then-available interface on the GoBuyPlus Platform) that your GoBuyPlus Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the GoBuyPlus Platform.

  Licensed Access to The GoBuyPlus Platform and Permitted Use

  • Subject to your compliance with these Terms of Service, GoBuyPlus hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the GoBuyPlus Platform in accordance with these Terms of Service in the following manner depending on the type of User that you are:

    for Customers, you may use the GoBuyPlus Platform to view menus provided by Vendors, create an account, place orders and pay for Goods (including the delivery of Goods) (each an "Order"). You may also use feedback features of the GoBuyPlus Platform to rate, post comments, rating and reviews on Goods, Vendors and Couriers (as applicable);

    for Vendors, you may create an account and use the GoBuyPlus Platform to manage the offer and fulfilment of Orders; and

    for Couriers, you may create an account and use the GoBuyPlus Platform to manage and fulfill requests for deliveries of Orders,

  • (i)-(iii) constitute the "Permitted Use" as applicable for a specific type of User.

  • Reservation of Rights. GoBuyPlus retains the right, at its sole discretion, to deny access to anyone to the GoBuyPlus Platform or the GoBuyPlus Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the GoBuyPlus Platform or GoBuyPlus Services immediately upon request by GoBuyPlus .

  • Geographic Application of the GoBuyPlus Platform. The GoBuyPlus Platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the GoBuyPlus Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.

  • Changes to the GoBuyPlus Platform. GoBuyPlus reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Goods, menus, Vendors, posting and rating/reviews of Vendors) contained on or provided through the GoBuyPlus Platform (the "Content") at any time, and from time to time, without notice. For greater certainty, the Content includes the User Content (as defined below).

  No Unlawful or Prohibited Use
  You may not, without GoBuyPlus’s prior written permission, use the GoBuyPlus Platform, the GoBuyPlus Services or any Content (including other User’s User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the GoBuyPlus Platform and/or the Content to:

  • "frame", "mirror" or otherwise incorporate the GoBuyPlus Platform, the GoBuyPlus Services or the Content or any part thereof on any commercial or non-commercial website;

  • access, monitor or copy any part of the GoBuyPlus Platform, the GoBuyPlus Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without GoBuyPlus’s express written permission;

  • violate any laws;

  • violate the restrictions in any robot exclusion headers on the Content or the GoBuyPlus Platform or bypass or circumvent other measures employed to prevent or limit access to the GoBuyPlus Services or the GoBuyPlus Platform;

  • remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the GoBuyPlus Platform or the Content;

  • modify or attempt to modify (or permit anyone else to modify or attempt to modify) the GoBuyPlus Platform, or any Vendor menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the GoBuyPlus Platform;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the GoBuyPlus Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;

  • attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the GoBuyPlus Platform or the GoBuyPlus Services;

  • copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the GoBuyPlus Platform or the Content;

  • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the GoBuyPlus Platform;

  • create derivative works based on the GoBuyPlus Platform, the GoBuyPlus Services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the GoBuyPlus Platform, the GoBuyPlus Services or the Content;

  • use of access the GoBuyPlus Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or

  • upload to or transmit through the GoBuyPlus Platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by GoBuyPlus in its sole discretion.

  Intellectual Property Terms

  • Content and Intellectual Property

    GoBuyPlus Content and Intellectual Property Rights. The GoBuyPlus Platform and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by GoBuyPlus and protected by copyright, trade-mark and other intellectual property laws ("GoBuyPlus Content"). GoBuyPlus expressly reserves all rights in the GoBuyPlus Platform and all materials provided by GoBuyPlus in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the GoBuyPlus Platform, all materials provided by GoBuyPlus in connection with these Terms of Service (including the GoBuyPlus  Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with GoBuyPlus (or third party suppliers or licensors, if applicable), and that the GoBuyPlus Platform and all materials provided by GoBuyPlus hereunder are licensed and not "sold" to you.

    User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the GoBuyPlus Platform by Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not members of the GoBuyPlus Group, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the GoBuyPlus Platform. GoBuyPlus may monitor User Content from time to time but GoBuyPlus does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of the GoBuyPlus Group be liable in any way for any User Content including 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 GoBuyPlus Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the GoBuyPlus Privacy Policy and all other User Content will be considered non-confidential.

    User-Related Content. GoBuyPlus may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content"). You grant to GoBuyPlus Group a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the GoBuyPlus  Privacy Policy. User-Related Content is not considered confidential or proprietary.

  • User Content License to GoBuyPlus. By submitting, posting or displaying User Content on or through the GoBuyPlus  Platform or otherwise to GoBuyPlus, you grant GoBuyPlus Group, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant GoBuyPlus the right (although GoBuyPlus does not have the obligation) to pursue at law any person or entity that violates your or GoBuyPlus ’s rights in the User Content by a breach of these Terms of Service. 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. For the avoidance of doubt, GoBuyPlus has no obligation to post or display any User Content on the GoBuyPlus Platform.

  • Use of GoBuyPlus Content and User Content by other Users. You may only use GoBuyPlus Content and other Users Content (eg. menus provided by Vendors) for the applicable Permitted Use. If you print extracts from the GoBuyPlus  Platform for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.

  • Terms on Submissions/Feedback and Other User Content

    Creating Submissions and Other User Content. Through the capabilities of the GoBuyPlus  Platform you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the GoBuyPlus  Platform any material or content which does or may:

    Breach any applicable local, national or international law;

    Be unlawful or fraudulent;

    Amount to unauthorised advertising;

    Contain any defamatory, obscene or offensive material;

    Promote violence or discrimination;

    Infringe the intellectual property rights of another person;

    Breach any legal duty owed to a third party (such as a duty of confidence);

    Promote illegal activity or invade another’s privacy;

    Give the impression that they originate from us; or

    Be used to impersonate another person or to misrepresent your affiliation with another person.

    You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the GoBuyPlus  Platform.

    Status of Submissions on the GoBuyPlus  Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the GoBuyPlus  Platform that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the GoBuyPlus  Platform is for information purposes only and does not constitute advice from us or the opinions of anyone within the GoBuyPlus  Group. User Content may reflect the opinions of Customers who have ordered through the GoBuyPlus  Platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the GoBuyPlus  Group assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

    Public Display of Submissions. You acknowledge that GoBuyPlus  may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at GoBuyPlus’s discretion, and that such User Content may be visible to other Users and visitors to the GoBuyPlus Platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.

  • Note on Privacy. If you access any Person Information through or in connection with the GoBuyPlus Platform you agree that you will treat such Personal Information in accordance with GoBuyPlus's current Privacy Policy and you will not collect or harvest any Personal Information, including Personal Information of other users, except as permitted by these Terms of Service.

  Advertising and Third Party Websites

  • If you elect to have any business dealings with anyone whose products or services may be advertised on the GoBuyPlus Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the GoBuyPlus Group will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

  • The GoBuyPlus Platform may provide links to third party websites and such links are provided solely for your convenience. Third party websites: Links to third party websites on the GoBuyPlus Platform are provided solely for your convenience. If you use these links, you leave the GoBuyPlus Platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the GoBuyPlus Platform, you do so entirely at your own risk.

  • GoBuyPlus reserves the right to prohibit or remove (or require you to remove) any link to the GoBuyPlus Platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

  Availability and Updates

  • GoBuyPlus may alter, suspend, or discontinue the GoBuyPlus Platform or Service at any time and for any reason or no reason, without notice. The GoBuyPlus Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. GoBuyPlus may periodically add or update the information and materials on this the GoBuyPlus Platform without notice.

  • While we try to ensure the GoBuyPlus Platform is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and no members of the GoBuyPlus Group will be liable to you if the GoBuyPlus Platform is unavailable at any time or for any period.

  • GoBuyPlus may upgrade or alter the GoBuyPlus Platform at any time. GoBuyPlus may remotely access the GoBuyPlus Platform (including for greater certainty any GoBuyPlus Platform App) at any time for any lawful reason, in particular to update the software or to perform software maintenance.

  DISCLAIMERS
  THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

  • Content: While we try to ensure that information on the GoBuyPlus Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the GoBuyPlus Platform including to Goods and prices described on it, at any time without notice. The material on the GoBuyPlus Platform may be out of date, and we make no commitment to update that material.

  • Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Vendors. However, it is the Vendors that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Vendor directly before ordering.

  • Vendor actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendor or Courier. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the GoBuyPlus Platform:

    We do not give any undertaking that the Goods ordered from any Vendor through the GoBuyPlus Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

    Estimated times for deliveries and pick-ups are provided by the Vendors and are only estimates. Neither we nor the Vendors or Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times.

    We encourage all Vendors accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendors will accept all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

  • The foregoing disclaimers do not affect Customer’s statutory rights against any Vendor or Courier.

  • Service Disclaimers

    Viruses. The downloading and viewing of the GoBuyPlus Platform or the Content is done at your own risk. GoBuyPlus cannot and does not guarantee or warrant that the GoBuyPlus Platform or the Content are compatible with your computer system or that the GoBuyPlus Platform or the Content, or any links from the GoBuyPlus Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the GoBuyPlus Platform.

    Communications Not Confidential. GoBuyPlus does not guarantee the confidentiality of any communications made by you through the GoBuyPlus Platform. Although GoBuyPlus generally adheres to the accepted industry practices in securing the transmission of data to, from and through the GoBuyPlus Platform, you understand, agree and acknowledge that GoBuyPlus cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the GoBuyPlus Platform.

  NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.

  • NO IMPLIED WARRANTIES. THE GOBUYPLUS SERVICES, THE GOBUYPLUS PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GOBUYPLUS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE GOBUYPLUS SERVICES, GOBUYPLUS PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE GOBUYPLUS SERVICES, THE GOBUYPLUS PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

  • EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL GOBUYPLUS OR ANY MEMBER OF THE GOBUYPLUS GROUP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT GOBUYPLUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE GOBUYPLUS SERVICES, THE GOBUYPLUS PLATFORM OR THE CONTENT.

  • NO RESPONSIBILITY FOR VENDORS AND COURIERS. VENDORS AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE GOBUYPLUS PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF GOBUYPLUS. GOBUYPLUS IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY VENDORS OR COURIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY VENDORS OR COURIERS.

  • LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE GOBUYPLUS GROUP IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE GOBUYPLUS SERVICES, THE GOBUYPLUS PLATFORM OR THE CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR (II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

  • Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the GoBuyPlus Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
    THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH GOBUYPLUS WOULD NOT MAKE THE GOBUYPLUS PLATFORM AND/OR GOBUYPLUS SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  Indemnification
  You agree to defend, indemnify and hold harmless GoBuyPlus Group, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:

  • your breach of these Terms of Service or any documents referenced herein;

  • your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);

  • your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or
    GoBuyPlus reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by GoBuyPlus.

  Governing Law and Dispute Resolution

  • Governing Law. These Terms of Service will be governed by the laws of the Province of British Columbia, unless you access the GoBuyPlus Platform or receive the GoBuyPlus Services in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the GoBuyPlus Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the GoBuyPlus Platform, the GoBuyPlus Services or the Content, notwithstanding your domicile, residency or physical location. The GoBuyPlus Platform, the GoBuyPlus Services and the Content are intended for use only in jur