PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DELEEZY TECHNOLOGIES INC., INC. (“DELEEZY,” “WE,” “US,” OR “OUR”).
In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. By using or receiving any services, including the product delivery Services, supplied to you by Deleezy (collectively, the “Service” or “Services”), and downloading, installing or using any associated software supplied by Deleezy which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement.
Deleezy reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service and Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to all such changes.
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, THIS AGREEMENT SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) 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 (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION.
- 1. The Agreement Between Us
The Company provides an online delivery service connection, using mobile and web-based technology that connects You and other consumers, businesses, and independent delivery Contractors. The Company’s software permits consumers to request delivery of purchases of goods from various businesses and businesses to move goods to consumers and to and from third parties. Once such orders are made, the Company’s software notifies Contractors that a delivery opportunity is available, and the software facilitates completion of the delivery.
Deleezy is not a retail store or merchandise delivery Services. Deleezy does not provide a platform for the purchase of goods but only the delivery of goods once purchased. Deleezy is not liable or responsible for Merchants’ compliance with applicable federal, provincial, or local laws, rules, regulations, or standards pertaining to their businesses. In addition, Deleezy does not guarantee the quality of what Merchants sell and does not independently verify, and is not liable for, representations made by Merchants regarding their products.
Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Deleezy. Couriers have entered into independent contractor agreements with Deleezy, which require them to comply with all applicable federal, provincial, and local laws, rules, and regulations. These agreements include background checks.
Deleezy shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. You hereby acknowledge that Deleezy does not supervise, direct, control, or monitor a Courier’s provision of services and expressly disclaims any responsibility or liability for the services performed.
Deleezy is committed to ensuring that the merchandise or food ordered by a consumer is delivered in a manner consistent with consumer’s expectation.
Deleezy is committed to ensuring that the goods shipment ordered by a business customer is delivered in a manner consistent with business customer’s expectation.
If you access the website located at https://wwwdeleezy.com/, install or use our mobile application, install or use any other software supplied by us, or access any information, function, or service available or enabled by us, or complete our account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
- you have read, understand, and agree to be bound by this Agreement.
- you are of legal age in the jurisdiction in which you reside to form a binding contract with Deleezy (the “Minimum Age”); and
- you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
- The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, Merchants, business customers, consumers and any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use Deleezy’s Services
- 2. Changes to this Agreement
Deleezy reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
- 3. Additional Terms Incorporated by Reference
- Accurate Information. You represent and warrant that all information supplied by you (including information provided by you to create an account for use of the Services or in connection with your use of the Services is true, accurate, current and complete.
- Security of Deleezy Accounts. Any Deleezy Account must be kept secure and you agree that you will not share or disclose your Deleezy Account credentials with anyone. Deleezy will not be liable for any loss or damage arising from your failure to safeguarding your Deleezy Account, use a strong password or limit its use to your Deleezy Account.
- Unauthorized Use. Should you suspect that any unauthorized party may be using your password or account, you will notify Deleezy immediately. Deleezy will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Deleezy or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use.
- Discretionary Access to Deleezy Accounts. Deleezy reserves the right to deny your request for a Deleezy Account (including usernames) and to disable or terminate access to any Deleezy Account (including usernames) issued to you at any time in Deleezy’s sole discretion. If Deleezy disables access to a Deleezy Account issued to you, you will be prevented from accessing the Deleezy Services, your Deleezy Account details, Orders or other information that is associated with your Deleezy Account.
- Suspension, Term, Termination and Deletion of Deleezy Accounts. We may suspend or terminate your ability to access the Services, or cease providing you with all or part of the Deleezy Services at any time for any or no reason, including, if we believe:
- you may have violated these Terms of Service,
- you may create risk or possible legal exposure for us;
- prolonged inactivity; or
- our provision of the Services to you is no longer commercially viable.
Suspension or termination may also include removal of some, or all the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Services 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 Deleezy in its sole discretion and that we will not 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. Any suspension or termination of this Agreement by Deleezy will be in addition to any and all other rights and remedies that Deleezy 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 Deleezy Account be deleted, ceasing use of the Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your Deleezy Account, we may disable your Deleezy Account but keep the disabled Deleezy Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these Terms of Service at any time by requesting by email (or any then-available interface) that your Deleezy 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 Services.
- 5. Limited :License to Use Our Services
Deleezy alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to Deleezy software and services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to Deleezy software and services, or any intellectual property rights owned by Deleezy. Deleezy name, Deleezy logo, and the product names associated with Deleezy software and services are the intellectual property of Deleezy or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Deleezy software and services.
- 6. Your Use of the Service
By using the Service, you agree to the following:
- The Services and Software contain 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 Services, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Services without prior written authorization;
- You agree not to bypass any security or other features of the Services designed to control the manner in which the Services are used, harvest or mine content from the Services, or otherwise access or use the Services 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 Services account without permission;
- You agree not to decipher, reverse engineer, decompile or disassemble the Services, or the software used to provide the Services, 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 Services, or any portion thereof, unless and solely to the extent Deleezy makes available the means for embedding any part of the Services;
- You agree not to access, tamper with, or use non-public areas of the Services, Deleezy’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Deleezy’ 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 Services or to extract data;
- You agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Deleezy 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 Services;
- As a merchant, you agree to allow Deleezy to list your business as a user and/or a partner including the use of your brand name and/or your logo in our website and other social media platforms.
- You agree that your use of the Services 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; and
- You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Services.
- You agree that you will not use the Services for the delivery of items that are prohibited by Deleezy from time to time, the Indemnity provisions in section 12 will apply to any breach of these restrictions. These restrictions include but not limited to the following;
- Recreational Cannabis,
- Very Fragile (Delicate) items,
- Very Expensive or Rare items,
- Illegal Items,
- Dangerous goods such as,
- Stolen property,
- Property that you do not have permission to send
- 7. Content You Provide Through Use of the Services
- Content You Provide. You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, video clips, reviews, ratings, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) (that may or may not be viewable by other users) through the Services or through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (“Interactive Areas”).
- User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that Deleezy does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless Deleezy for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
- User Content Review. You acknowledge and agree that Deleezy and its designees may or may not (but do not assume any obligation to), at Deleezy’ discretion, pre-screen User Content before its appearance on the Services. You further acknowledge and agree that Deleezy reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Additionally, Deleezy has the right to remove any User Content that violates these Terms or is otherwise objectionable in Deleezy’ sole discretion. You acknowledge and agree that Deleezy does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
- Consumer Ratings and Reviews. The Services and other Interactive Areas may allow you as a consumer to rate (“Ratings”) and Post reviews (“Reviews”) of Couriers. Such Ratings and Reviews are considered User Content and are governed by these Terms, including, without limitation, your agreement regarding your use of the Services. Ratings and Reviews are not endorsed by Deleezy, and do not represent the views of Deleezy or of any affiliate or partner of Deleezy. Deleezy does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria:
- you must have had first-hand experience with the Courier within the 7-day period prior to your Posting a Rating or Review;
- you may not have a proprietary or other affiliation with either the Courier or any of its competitors;
- you may not draw any legal conclusions regarding the Courier’s services, or conduct;
- you may not promote or criticize a Courier other than the one being rated or reviewed;
- you may not include others’ personal information; and
- your Rating or Review must otherwise comply with these Terms. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, and/or the Services may be removed or excluded by us without notice.
- 8. Communications with Deleezy
- By creating a Deleezy account, you electronically agree to accept and receive communications from Deleezy, Contractors, or third parties providing services to Deleezy including via email, text message, calls, and push notifications to the cellular telephone number you provided to Deleezy.
- You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Deleezy, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services.
- Message and data rates may apply.
- if you do not wish to receive promotional emails, or other communications, you may change your notification preferences by accessing the Settings in your account or within the e-mail communication itself.
By creating a Deleezy account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Deleezy at email@example.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure, you will need a device (such as a computer or mobile phone) with a web browser and Internet access and either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Deleezy at firstname.lastname@example.org with contact information and the address for delivery.
- General Payment Terms
- Charges paid by you for completed and delivered orders are final and non-refundable. Deleezy has no obligation to provide refunds or credits
- All tips will be fully for the account of the Courier.
- Payment Authorization
- You authorize Deleezy to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.
- When you place an order through Deleezy, your credit card will be charged the full amount of the order. There may be additional charges based on issues like delay at drop off and as described below. You authorize these additional charges to your credit card. You have the right to question any additional charges and seek a refund in whole or in part of these additional charges through Deleezy Customer Service.
- Your payment will be captured up to 24 hours after your order is completed or cancelled.
- If your order is cancelled it may take up to 5 – 10 business days to receive access to these released funds.
- Deleezy reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
- If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, we may charge another stored payment card if your default payment is declined or no longer available to us.
- Deleezy reserves the right to charge you the full Deleezy fees if you or your designated recipient are not at the designated delivery location when the Courier arrives to complete the delivery.
- If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. There will be no cancellation charge if the order is canceled prior to pick-up. Once the order is picked up the cancellation charge will apply.
- Examples of circumstances where additional fees will be charged:
- If no one is present at your pickup location, or the package is not ready at pick up, a charge of $5 will apply. For any delivery that has no contact at the pick up or drop off location, you must select CONTACTLESS PICKUP and must provide details on where to pick the item from in the pick up instructions section.
- If you requested “Signature upon delivery” and no one is present at the delivery location and you are also unreachable, the courier will wait for a maximum of 5 minutes and then return the item to the pick up location. Both $5 delay charges and returning trip charges will apply.
- 11. Dealing with Third Parties
- Deleezy 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 Deleezy 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 Deleezy disclaims any and all responsibility or liability arising from such agreements between you and a third party.
- Couriers. The Services enables you to engage third-party Couriers to provide delivery services. Any interactions or disputes between you and a Courier are solely between you and that Courier. Deleezy and its licensors shall have no liability, obligation, or responsibility for any interaction between you and any Courier. Deleezy encourages the posting of reviews of courier services and takes the service quality of the Couriers very seriously. Feed back, both positive and negative is forwarded to the Couriers to help them do a better job.
- Third Party Advertising. The Services may contain third-party advertising and marketing. By agreeing to these Terms, you agree to receive such advertising and marketing.
- Links to Third Party Sites. The Services may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
- 12. Indemnity
- You agree to indemnify and hold harmless Deleezy and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from;
- your User Content;
- your misuse of the Software or Services;
- your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or
- (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Software or Services.
- In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and attorneys’ fees incurred by the Indemnified Party.
- Deleezy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Deleezy in asserting any available defenses.
- This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.
- You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. DELEEZY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
- DELEEZY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DELEEZY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
- 14. Limitation of Liability
- General. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section to keep the Software and Services simple and efficient, and costs low, for all users.
- NO RESPONSIBILITY FOR COURIERS. COURIERS OFFERING SERVICES THROUGH THE DELEEZY SERVICES ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF DELEEZY. DELEEZY IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY COURIERS FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE SERVICES OFFERED BY COURIERS.
- LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE DELEEZY GROUP IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE DELEEZY SERVICES, THE DELEEZY SERVICES OR THE CONTENT EXCEED: (I) THE ACTUAL LOSS OFR DAMAGE TO GOODS SHIPPED OR (II) CDN $250.00 (TWO HUNDRED AND FIFTY CANADIAN DOLLARS), WHICHEVER IS LOWER
- 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 Deleezy Services, 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 DELEEZY WOULD NOT MAKE THE DELEEZY SERVICES AND/OR DELEEZY 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.
- 15. Governing Law and Dispute Resolution
- Governing Law. These Terms of Service will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the Deleezy Services, the Deleezy Services, or the Content, notwithstanding your domicile, residency or physical location. The Deleezy Services, the Deleezy Services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
- Dispute Resolution Process. Except to the extent restricted by applicable law, if there is any dispute or controversy between you and Deleezy or any members of the Deleezy Group, including any dispute or controversy arising out of or relating to these Terms of Service, the Services or Software, any interactions or transactions between you and Deleezy, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a “Dispute”), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
- Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be British Columbia, there will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. You and Deleezy will pay equally the reasonable arbitration costs.
- Except to the extent restricted by applicable law, you and we agree that you and we will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against Deleezy.
- Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.
- If you violate this Agreement, Deleezy may respond based on several factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
- In addition, at its sole discretion, Deleezy may modify or discontinue the Software or Services, 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 Services, Deleezy 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. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
- No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Deleezy or any third-party provider because of this Agreement or use of the Software or Services.
- Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using any online App Store.
- Notice. Where Deleezy requires that you provide an e-mail address, you are responsible for providing Deleezy with your most current e-mail address. In the event that the last e-mail address you provided to Deleezy is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Deleezy’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
- You may give notice to Deleezy through the provided web form. Such notice shall be deemed given on the next business day after such e-mail is received by Deleezy.
- Electronic Communications. For contractual purposes, you consent to receive communications from Deleezy in an electronic form; and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Deleezy provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
- Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Deleezy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
- Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.