Terms and condition

Terms And Conditions

TERMS AND CONDITIONS

These Terms and conditions (“Terms”) govern your use of the website and mobile application provided by Get Your Needs (or referred to as “us”) (collectively the “Platforms”). The legal entity of the company is "Resilience Distilleries Limited," which operates under the trade name "Get Your Needs”. Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood, and accepted the Terms, including any additional terms and conditions and any policies referenced herein, available on the Platforms, or available by hyperlink. If you do not agree to or fall within the Terms, please do not use the Platforms. The Platforms may be used by (i) natural persons who have reached 19 years of age and (ii) corporate legal entities, e.g., companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. Users below the age of 19 must obtain consent from the parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. Assent & Acceptance THE SERVICES RENDERED BY GET YOUR NEEDS COMPRISE A TECHNOLOGICAL PLATFORM FACILITATING USERS' ACCESS TO ONE OR MORE VIRTUAL STOREFRONTS MANAGED BY RETAILERS ("RETAILERS"), FROM WHICH GOODS CAN BE SELECTED FOR PICKING, PACKING, AND DELIVERY BY PERSONAL SHOPPERS TO DESIGNATED LOCATIONS OR FOR IN-STORE RETRIEVAL, WHERE FEASIBLE. THE PROVISION OF THESE SERVICES MAY INVOLVE THIRD-PARTY ENTITIES, INCLUDING RETAILER PERSONNEL, INDEPENDENT CONTRACTORS, AND THIRD-PARTY LOGISTICS PROVIDERS (COLLECTIVELY REFERRED TO HEREIN AS "THIRD PARTY PROVIDERS"). USERS ACKNOWLEDGE THAT GET YOUR NEEDS DOES NOT OVERSEE, DIRECT, OR GOVERN THE SERVICES RENDERED BY THIRD-PARTY PROVIDERS, AND THAT THEY ARE NOT ENGAGED BY, NOR IN ANY FORM OF PARTNERSHIP, JOINT VENTURE, OR AGENCY ASSOCIATION WITH GET YOUR NEEDS. UPON PLACING AN ORDER THROUGH THE SERVICES, USERS AUTHORIZE THE PROCUREMENT OF GOODS FROM THE DESIGNATED RETAILERS AND, IF ELECTING DELIVERY SERVICES, THE CONVEYANCE BY THIRD PARTY PROVIDERS. GET YOUR NEEDS AND THE THIRD-PARTY PROVIDER ACT AS AGENTS OF THE USER IN THE PROCUREMENT, PICKING, PACKING, AND/OR DELIVERY OF PURCHASED GOODS. IT IS EMPHASIZED THAT THE RETAILER, RATHER THAN THE THIRD-PARTY PROVIDER OR GET YOUR NEEDS, ASSUMES THE ROLE OF THE SELLER IN THE TRANSACTION. CONSEQUENTLY, USERS' PURCHASES ARE CONDUCTED DIRECTLY FROM THE CHOSEN RETAILER, WHO SERVES AS THE MERCHANT OF RECORD, WITH OWNERSHIP OF THE GOODS TRANSFERRED UPON PURCHASE. GET YOUR NEEDS RESERVES THE PREROGATIVE TO MODIFY THE FEES ASSOCIATED WITH THE SERVICES, ENCOMPASSING DELIVERY FEES, SERVICE CHARGES, AND ADDITIONAL SURCHARGES, SUBJECT TO VARIATIONS BASED ON DEMAND, ORDER CHARACTERISTICS, AND OTHER PERTINENT FACTORS. TEMPORARY AUTHORIZATION OF THE USER'S PAYMENT INSTRUMENT MAY BE IMPLEMENTED FOR AN AMOUNT SURPASSING THE TOTAL PURCHASE COST TO ACCOMMODATE POTENTIAL ADJUSTMENTS, SUCH AS SPECIAL REQUESTS, SUPPLEMENTARY ITEMS, OR TIPS. RETAILERS DETERMINE THE PRICING OF GOODS FEATURED ON THE SERVICES, WHICH MAY DIVERGE FROM IN-STORE RATES OR THOSE OBSERVED ON ALTERNATIVE PLATFORMS. IT IS ACKNOWLEDGED THAT THE PRICES SHOWCASED ON THE SERVICES MAY NOT INVARIABLY REPRESENT THE LOWEST AVAILABLE, AND RETAILERS MAY MANAGE MULTIPLE STOREFRONTS CHARACTERIZED BY DISPARATE PRICING AND INVENTORY. SAVE AS OTHERWISE EXPLICITLY STIPULATED, GET YOUR NEEDS DOES NOT ESTABLISH ANY EMPLOYMENT OR AGENCY RELATIONSHIP WITH USERS AND DOES NOT HOLD LEGAL TITLE TO ANY GOODS PROCURED VIA THE SERVICES. ALL MONETARY VALUES ARE DENOMINATED IN THE CURRENCY OF THE JURISDICTION IN WHICH DELIVERY TAKES PLACE, UNLESS EXPRESSLY SPECIFIED OTHERWISE. FROM TIME TO TIME, INACCURACIES OR DISCREPANCIES MAY ARISE IN THE INFORMATION PRESENTED ON THE SERVICES, PERTAINING TO PRICING, PRODUCT DESCRIPTIONS, OR PRODUCT AVAILABILITY. IN SUCH INSTANCES, GET YOUR NEEDS RETAINS THE RIGHT TO RECTIFY ERRORS, REVISE INFORMATION, OR ANNUL ORDERS IN THE EVENT OF IDENTIFIED INACCURACIES, WITHOUT PRIOR NOTIFICATION. Consequences of Non-Compliance Your failure to comply with the Terms may result in the suspension or termination of your account and access to the Services and may subject you to civil and criminal penalties. Get Your Needs What we do Through our Platforms, Get Your Needs links you to the vendors (“Vendors, Shopkeeper or Restaurant”) for you to order a variety of goods, including prepared meals, non-prepared food, and miscellaneous non food items (hereinafter collectively referred to as “Goods”) to be delivered to you. When you place an order for Goods from our Vendors (“Order”), Get Your Needs acts as an agent on behalf of that Vendor to facilitate, process, and conclude the order and subsequently for either the Vendor or us to deliver your order to you. Vendors may be owned and operated by third-party vendors, our affiliate companies, or us. How to contact us For customer support, you may reach out to us via e-mail or through our in-app customer support chat feature. • Utilization of Platforms and the Get Your Needs Account. • To access the Platform, you must first create a Get Your Needs account. When you create a Get Your Needs account, we will request personal information from you, including a valid e-mail address, a mobile phone number, and a unique password. To place an Order, you may be required to provide us with your credit card information, depending on the payment method you choose. Your unique password should never be shared, and you agree to keep it always secret. You are solely responsible for maintaining the security of your password. Except in instances of fraud or abuse that are not your fault, you acknowledge that you are solely responsible for all Orders placed through your Get Your Needs account. • Get Your Needs shall not be liable for Orders that are delayed in delivery because of your incomplete, incorrect, or missing information. You are required to provide complete, accurate, and truthful information for the order’s proper processing, including your delivery address and contact information. • If you wish to delete your Get Your Needs account, the customer can delete their account through the application by themselves, or you can contact us via e-mail. We reserve the right to restrict, suspend, or terminate your Get Your Needs account and use of the Platforms if we have reasonable grounds to believe that: someone other than you is using your Get Your Needs account; or if you are suspected or discovered to have engaged in any activity or conduct that violates these Terms, our policies, and guidelines, or that constitutes an abuse of the Platforms in our sole discretion. Restrictions Activities Prohibited on the Platforms The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Get Your Needs reserves the right to investigate and take appropriate legal action against anyone who, in Get Your Needs’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following: • using the Platforms in a manner that is inconsistent with applicable local, state, or federal laws or regulations. • posting any content that violates a third party’s intellectual property, privacy, publicity, trade secret, or other rights. • Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or humiliating to any other person or entity, as determined solely by Get Your Needs or in accordance with local community standards. • Posting content that Get Your Needs determines to be cyber-bullying at its sole discretion. • Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior is strictly prohibited. • I am posting any person’s telephone number, street address, or last name. • URLs to external websites or any HTML or programming code are not permitted. • I was posting anything that may be considered “spam” as determined solely by Get Your Needs. • When posting content, impersonating another person. • Without their consent, harvesting, or otherwise collecting information about others, including e mail addresses. • You allow another person or entity to use your identity to post or view comments on your behalf. • On the Platforms, harassing, threatening, stalking, or abusing another user. • Engaging in any other conduct that restricts or inhibits another person from using or enjoying the Websites, or that, in Get Your Needs’s sole discretion, exposes Get Your Needs, its customers, suppliers, or any other third party to any liability or detriment of any kind; or encouraging other people to engage in any prohibited activities as described herein. • Get Your Needs reserves the right to do any or all the following but is not obligated to do so: • If an allegation is made that any content posted on the Platforms violates these Terms, we will investigate and, in our sole discretion, remove or request the removal of the content. • Takedown any content that is abusive, illegal, or disruptive, or that otherwise violates these Terms. • Suspend or terminate a user’s access to the Platforms or their Get Your Needs Account upon any breach of these Terms. • Monitor, edit, or disclose any content on the Platforms: and • edit or delete any content posted on the Platforms, regardless of whether such content violates these standards. Intellectual Property All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Get Your Needs and third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Get Your Needs’s trademarks on any other website not approved by us is strictly prohibited. Get Your Needs will aggressively fully enforce its intellectual property rights of the law, including criminal prosecution. Get Your Needs neither warrants nor represents that your use of materials displayed on the Platforms will not infringe the rights of third parties not owned by or affiliated with Get Your Needs. Use of any materials on the Platforms is at your own risk. Restrictions on Goods Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of Saskatchewan Canada. These restrictions include minimum age requirements for alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force. a) To purchase such products, you must be of the statutory legal age. Get Your Needs, the Vendor and their delivery riders reserve the right in their sole discretion: • to ask for a valid proof of age (e.g., ID card) to any person before delivering products. • To refuse delivery if you are unable to prove you are of legal age; and/or • to refuse delivery to any persons for any reason whatsoever. b) Any offer for any Alcohol made on the Platforms is void when prohibited by law. Alcohol If you order alcohol, you represent and warrant that you are of legal drinking age i.e. 19 (nineteen) years in the area to which the alcohol is delivered. You are not ordering alcohol for any person who is not of legal drinking age in the applicable jurisdiction. You acknowledge and agree that Vendors or Couriers may require valid government-issued photo identification(s) matching the order’s name and establishing your age, as well as that the recipient is not intoxicated at the time of delivery. Suppose you cannot satisfy the Vendor or the courier with these conditions. In that case, alcohol products may be withheld, and any refund for such withholding is at the Vendor’s, Get Your Needs’s, or courier’s discretion. When ordering alcohol for delivery, the delivery address must be residential or private. Alcohol orders may be subject to time and location restrictions for greater certainty. Orders • When you place an Order with Get Your Needs, Get Your Needs will confirm it by sending you a confirmation e-mail with the Order receipt attached. Orders will include delivery fees and any applicable tax, if applicable (e.g., goods and services tax, value-added tax, etc.). • Minimum Order Value - Certain Vendors require a minimum order value (“MOV”) before placing and delivering an Order to you. If an applicable Order does not comply with the MOV, you will have the option of paying the difference or increasing the number of Goods in your Order. • Special Instructions – Get Your Needs and the Vendor (as applicable) will make a reasonable effort to comply with any special instructions you provide in connection with an Order. If this is not feasible, possible, or commercially reasonable, Get Your Needs and the Vendor reserve the right to proceed with the Order preparation following standard operating procedures. Neither Get Your Needs nor the Vendor shall be liable for replacing or refunding an Order that does not adhere to your special instructions. • Allergens – Get Your Needs is not required to make ingredient or allergen information available on the Platforms. Additionally, Get Your Needs makes no guarantee that the Goods sold by Vendors are allergen-free. Please contact the Vendor before placing an Order on our Platforms if you have allergies, allergic reactions, or dietary restrictions and requirements. • Please keep in mind that the Vendor may impose additional terms and conditions on your order. • Before placing the order 1. You must provide your delivery address for the Platform to display Vendors in your delivery area. 2. After selecting a Vendor, you will be directed to the Vendor’s menu page, where you can select and add Goods to your cart. 3. Placement of the Order 4. Please follow the on-screen instructions after clicking ‘Checkout’ to complete an Order. You may be required to provide additional information to us for us to process your order. Before clicking “PLACE ORDER,” you must review and confirm that all the information you provide, including the amounts, delivery details, personal information, payment information, and voucher codes (if applicable), is true, accurate, and complete. When you receive an e-mail confirmation from us containing your Order receipt, your order has been successfully placed. • Canceling an Order • If you wish to cancel your order after it has been placed, please contact us immediately via our in app customer support chat feature. You have the right to cancel your order if it has not yet been accepted by a Vendor. Refunds a) Online payment orders You have the right to a refund for a canceled Order only if a Vendor has not yet accepted your order. Should you still decide to cancel your order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you, and you forfeit the delivery of your canceled order. b) Cash-on-Delivery Orders You have the right to cancel your order only if a Vendor has not yet accepted your order. Should you still decide to cancel your order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your canceled order, and cash-on-delivery may be removed from your list of available payment methods for your future orders. Get Your Needs reserves the right to cancel any Order and suspend, deactivate, or terminate your Get Your Needs account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Get Your Needs account and with your order. Prices and Payments • Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices, and you accept the offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). • The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may: • include GST, or such other equivalent tax; or • exclude GST, or other equivalent tax. A breakdown of the prices and additional charges is displayed before checkout. When you place an order, you agree to all amounts, additional charges, and the final ‘Total’ amount, which is displayed to you. • Delivery fees are chargeable on every order unless: • you opt to collect your order directly from the Vendor (“Pick-Up”). • you have a valid promotional or discount voucher and apply it at Checkout; or • unless stated otherwise. • Prices are indicated on the Platforms areas at the time of each order and may be subject to change. • You can choose to pay for an order using any of the different payment methods offered on the Platforms, including: • Our payment partners: Visa, Mastercard, American Express, Apple Pay. • Cash-on-Delivery; or • Other payment methods we offer from time to time. • If you have existing credit in your Get Your Needs account or valid promotional or discount vouchers, you can use this pay for part or all of your order. • After an Order is successfully placed, you will receive an e-mail confirmation from us with your Order receipt. Delivery fees will not appear on your Order receipt if you opt for Pick-Up. • Payment Methods Get Your Needs reserves the right, in its sole discretion, to add new payment methods and remove existing payment methods. If you elect to pay online, your payment will be processed by a third-party payment service provider (s). With your consent, we will store your credit card/payment information for future orders with our third-party payment service provider(s). Get Your Needs does not maintain a record of your credit card or other payment information. You must ensure that your credit or debit card has sufficient funds to cover the cost of an Order. To the extent required by law, Get Your Needs is responsible for payments made through our Platforms, including refunds, chargebacks, cancellations, and dispute resolution, provided that such actions are reasonable and justified and in accordance with these Terms. Delivery, Pick-Up, and Vendor Delivery Delivery Areas You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. Delivery Time Get Your Needs shall deliver your order to the delivery address provided by You. You may choose for your order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your e-mail confirmation, but delivery times shall vary depending on factors that are not controlled by us (e.g., order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate, and Orders may arrive earlier or later. To ensure that you do not miss delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the order once an order is placed. If your order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age or fails to provide a valid proof of ID, Get Your Needs reserves the right not to deliver your order to you. Unsuccessful or Failed Deliveries In cases where we attempt to deliver an Order, but we are unable to do so due to the reasons caused by you, including but not limited to: • no one was present or available to receive the order; or • the customer was uncontactable despite attempts to reach the customer via the phone number provided; or • lack of appropriate or sufficient access to deliver the order successfully. • lack of a suitable or secure location to leave the order; or • In the case of Restricted Goods, the customer did not meet the statutory age requirements, or delivery did not deem safe or appropriate for the customer to receive the Restricted Goods. No-show Cancellations If you remain uncontactable or fail to receive the order within ten (10) minutes from the time the order arrives at your delivery address, Get Your Needs reserves the right to cancel the order without refund or remedy to you. Wrong Order, Missing Items, Defective Goods Upon receipt of your order, if you discover that there are issues with your order (e.g., wrong order, defective order, or missing items), please contact customer support via one of the methods indicated above immediately. In some cases, Get Your Needs may request photographic proof and additional information to investigate the issue with your order correctly. If we determine that the Order and Goods you received are not of satisfactory condition or quality, we will compensate you for your order or parts of your order. Order Pick-Up Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises (“Pick-Up”) instead of having the order delivered to You. Your e-mail confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the order to you if you fail to Pick-Up your Order within the Holding Time. In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in the condition of the Goods (e.g., changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, refund, or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and defects to the Vendor before leaving the Vendor’s premises. Vendor Delivery In some cases, our Vendors will deliver the order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. Get Your Needs shall not be responsible in any way for Orders or Goods that are delivered by Vendors. Vouchers, Discounts, and Promotions • From time to time, Get Your Needs may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in some instances, may only be used once. • Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to Vouchers. • Unless otherwise stated, Vouchers can only be used on our Platforms. • Vouchers cannot be exchanged for cash. • Get Your Needs reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual restaurants terms & conditions apply. • We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. SELLERS TERMS Get Your Needs performs like a marketplace where you can sell your goods and services directly to customers. We want to make sure that you and your buyers have a positive experience on Get Your Needs. Please read on to find out more about your rights, as well as what is expected of you, as a seller. This policy is a part of our Terms and conditions. By opening a Get Your Needs shop, you’re agreeing to this policy and our Terms. Selling Basics 1) What can be sold on Get Your Needs 2) What can't be sold on Get Your Needs 3) Managing your Get Your Needs shop 4) Seller Standards 5) Selling Fees Being a Member of the Get Your Needs Community • Creating and Uploading Content • Privacy and Protecting Personal Information • Communication Standards o Messages o Forums/Teams o Communicating Cancellations Feedback, Disputes, and Your Success • Reviews • Get Your Needs’s Case System • Your Seller Account and Get Your Needs’s Terms • Seller Protection Privacy and Protecting Personal Information You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Get Your Needs user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Get Your Needs users with whom you interact. Your privacy policy must be compatible with this policy and Get Your Needs’s Terms and conditions. When you sell using our Services (subject to this Policy), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and delivery address) and, to the extent you do so, under Canadian law, you are an independent controller of data relating to other users that you may have obtained through the Services. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information because of entering into a transaction with that buyer. This information may only be used for Get Your Needs-related communications or for Get Your Needs-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Get Your Needs policies and laws, you may not add any Get Your Needs member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance. If Get Your Needs and you are found to be joint data controllers of personal information, and if Get Your Needs is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Get Your Needs for the expenses it occurs in connection with your processing of buyer personal information. c. Communication Standards Messages With Get Your Needs Messages, you can communicate directly with your buyers or other Get Your Needs members. Messages are a great way for buyers to ask you questions about an item or an order. Messages may not be used for the following activities: • Sending unsolicited advertising or promotions, requests for donations, or spam. • Harassing or abusing another member or violating our Anti-Discrimination Policy. • Contacting someone after they have explicitly asked you not to; or • Interfering with a transaction or the business of another member; or • Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Get Your Needs, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc. Interference occurs when a member intentionally interferes with another member’s shop to drive away their business. Interference is strictly prohibited on Get Your Needs. Examples of interference include: • Contacting another member via Get Your Needs Messages to warn them away from a particular member, shop, or item. • Posting in public areas to demonstrate or discuss a dispute with another member. • Purchasing from a seller for the sole purpose of leaving a negative review. • Maliciously clicking on a competitor's Promoted Listings ads to drain that member's advertising budget, also known as 'click fraud'. • Creating or using an independent buyer account to maliciously up-vote another shop’s negative reviews to position those reviews more prominently. • Harassment Any use of Get Your Needs Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti Discrimination Policy. If you receive a message that violates this policy, please let us know right away. Forums and Teams High-level overview that Forums and Teams are public spaces provided by Get Your Needs where sellers can connect, but there are communication standards that must be followed. More information can be found in the Get Your Needs Community Policy. Communicating Cancellations If you are unable to complete a transaction, you must notify the buyer via Get Your Needs Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Return Policy. Please be aware that in addition to this policy, each country has its own laws surrounding delivery, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries. SELLING POLICIES AND SELLER CODE OF CONDUCT All sellers are expected to adhere to the following policies when listing goods on Get Your Needs. Seller offenses and prohibited content can result in the suspension of your Get Your Needs account. Seller code of conduct This policy requires that sellers act fairly and honestly on Get Your Needs to ensure a safe buying and selling experience. All sellers must: • Provide accurate information to Get Your Needs and our customers at all times. • Act fairly and do not misuse Get Your Needs’s features or services. • Not attempt to damage or abuse another Seller, their listings, or ratings. • Not attempt to influence customers’ ratings, feedback, and reviews. • Not send unsolicited or inappropriate communications. • Not contact customers except through Buyer-Seller Messaging • Not attempt to circumvent the Get Your Needs sales process. • Not operate more than one selling account on Get Your Needs without a legitimate business need Violating the Code of Conduct or any other Get Your Needs policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below. Accurate Information You must provide accurate information to Get Your Needs and our customers and update the information if it changes. For example, this means that you must use a business name that accurately identifies your business and list your goods in the correct category. Acting Fairly You must act fairly and lawfully and may not misuse any service provided by Get Your Needs. Examples of unfair activities include: • Providing misleading or inappropriate information to Get Your Needs or our customers, such as by creating multiple detail pages for the same goods or posting offensive goods images. • Manipulating sales rank (such as by accepting fake orders or orders that you have paid for) or making claims about sales rank in goods titles or descriptions. • Attempting to increase the price of a goods after an order is confirmed. • Artificially inflating web traffic (using bots or paying for clicks, for example). • Attempting to damage another Seller, their listings, or ratings. • Allowing other people to act on your behalf in a way that violates Get Your Needs’s policies or your agreement with Get Your Needs. Ratings, Feedback, and Reviews You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not: • Pay for or offer an incentive (such as coupons or free goods) in exchange for providing or removing feedback or reviews • Ask customers to write only positive reviews or ask them to remove or change a review • Solicit reviews only from customers who had a positive experience • Review your own goods or a competitor’s goods Communications You may not send unsolicited or inappropriate messages. All communications to customers must be sent through Buyer-Seller Messaging and be necessary for fulfilling the order or providing customer services. Marketing communications are prohibited. Customer Information If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through Buyer-Seller Messaging) or share it with any third-party. Circumventing the Sales Process You may not attempt to circumvent the Get Your Needs sales process or divert Get Your Needs customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere. Multiple Selling Accounts on Get Your Needs You may only maintain one Seller Central account for each region in which you sell unless you have a legitimate business need to open a second account and all your accounts are in good standing. If any of your accounts are not in good standing, we may deactivate all your selling accounts until all accounts are in good standing. COPYRIGHT All content included in or made available through any Get Your Needs, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and is the property of Get Your Needs or its content suppliers and protected by Canada and international copyright laws. The compilation of all content included in or made available through any Get Your Needs is the exclusive property of Get Your Needs. Copyright Infringement We do not allow any content that infringes copyright. The use of copyrighted content by others without proper authorization or legally valid reason may lead to a violation of Get Your Needs 's policies. At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow the use of copyrighted work under certain circumstances. Removal of Content; Suspension or Termination of Account Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Get Your Needs site, or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on the Get Your Needs site or otherwise hosted by Get Your Needs. Copyright Infringement Notification 1. Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report. 2. All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied. 3. We may provide the account holder with your contact information, including the email address the name of the copyright owner, and/or details of the complaint. 4. Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under Section 29 of the Copyright Act of Canada or similar laws as may be applicable in other countries. Copyright Infringement Counter-Notification 1. If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction. 2. You may also provide us with a counter-notification via our Counter Notification Form. All counter notifications should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied. 3. 4. The counter-notification process will take time to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the Copyright Act of Canada, or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you. If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Get Your Needs sole discretion. Representations, Warranties, and Limitation of Liabilities Representations and Warranties You acknowledge and agree that the content on the Platforms is provided on an “as is” and “as available” basis and that your use of or reliance upon the Platforms and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While Get Your Needs makes reasonable efforts to ensure the provision of the Platforms and the services we offer are always available, we do not warrant or represent that the Platforms shall be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects, or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications, or events of force majeure. Limitation of Liability To the extent permitted by law, Get Your Needs (which shall include its employees, directors, agents, representatives, affiliates, and parent company) exclude all liability (whether arising in contract, in negligence, or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Get Your Needs entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Get Your Needs entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Get Your Needs, the Get Your Needs entities, its agents, representatives, and service providers’ liability shall be limited to the extent permitted by law. Vendor’s representations Get Your Needs shall neither be liable for actions or omissions of the Vendor nor you regarding the provision of the Goods and where Vendor Delivery applies to your order. Get Your Needs does not assume any liability for the quantity, quality, condition, or other representations of the Goods and services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos, and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct. Vendor Liability Vendors are responsible for the preparation, condition, and quality of Goods. In the case of Vendor Delivery, Vendors are responsible for the delivery of the Goods and Orders. Get Your Needs shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. Personal Data (Personal Information) Protection You agree and consent to Get Your Needs and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms and shall form a part of these Terms. Indemnity You agree to indemnify, defend, hold harmless Get Your Needs, its directors, officers, employees, representatives, agents, and affiliates, from all third-party claims, liability, damages, and costs (including but not limited to legal fees) arising from your use of the Platforms or your breach of these Terms. Third-Party Links and Websites The Platforms may contain links to other third-party websites, and by clicking on these links, you agree to do so at your own risk. Get Your Needs does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Get Your Needs accepts no liability or responsibility for any loss or damage you may suffer in relation to your access and use of these third-party links and websites. Termination Get Your Needs has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Get Your Needs, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Get Your Needs may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites. Amendments Get Your Needs may amend these Terms at any time at its sole discretion. The amended Terms shall be effective immediately upon posting, and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you disagree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately. Severability If any provision of these Terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and conditions shall be deemed a further or continuing waiver of such provision or any other provision. Disclaimer If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us. Get Your Needs makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind. • You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk • The information contained on this website is for general information purposes only. The information is provided by Get Your Needs, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. • In no event will we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. • Through this website, you can link to other websites that are not under the control of Get Your Needs. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Get Your Needs takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Limitation of Warranties The information on this website is provided “as is” without any representations or warranties; express or implied Get Your Needs makes no representations or warranties. • Without prejudice to the generality of the foregoing paragraph, Get Your Needs does not warrant that: • The information regarding Services on this website will be constantly available or available at all. • The information on this website is complete regarding Different Services, true, accurate, up-to date, or non-misleading. Please be also aware that when you leave our website, other sites may have different privacy policies and terms that are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information. Consent By using our website, you hereby consent to our disclaimer and agree to its terms. Governing Law and Dispute Resolution a) Governing Law. These Terms of Service will be governed by the laws of Saskatchewan Canada, unless you access the Get Your Needs Platform or receive the Get Your Needs Services, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Get Your Needs Services, and the federal laws of Saskatchewan Canada applicable therein. These laws apply to your access to or use the Get Your Needs Platform, the Get Your Needs Services, or the Content, notwithstanding your domicile, residency, or physical location. The Get Your Needs Platform, the Get Your Needs Services, and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. b) Dispute Resolution Process. 1. Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Get Your Needs or any members of the Get Your Needs Group, including any dispute or controversy arising out of or relating to these Terms of Service, the Get Your Needs Platform or Get Your Needs Services, any interactions or transactions between (1) you and (2) Get Your Needs or any members of the Get Your Needs Group, 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 reasonable faith efforts to resolve the Dispute informally. 2. 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 we 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 Saskatchewan Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary, acting reasonably. 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. Get Your Needs will pay the reasonable arbitration costs. 3. 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 any members of the Get Your Needs Group. 4. Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of your intellectual property rights. GENERAL PROVISIONS: 1. JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of Saskatchewan Canada without giving effect to any principles of conflicts of law. The Courts of Saskatchewan Canada shall have exclusive jurisdiction over any dispute arising from the use of the website. 2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be given, sold, leased, or otherwise assigned by us, the rights and liabilities of Get Your Needs (platform) will bind and inure to any assignees, administrators, successors, and executors. 3. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. 4. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement. 5. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties. 6. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, actions of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances. 7. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the website or e-mail us at [email protected].