TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AND PLATFORM. BY VISITING OUR SITE AND MOBILE APP, YOU ENGAGE WITH OUR “SERVICE” AND CONSENT TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”).`YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS . IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO UTILIZE OUR SERVICE.
THESE TERMS APPLY TO ALL PARTIES WHO ENGAGE WITH OUR SERVICE, INCLUDING, BUT LIMITED TO, USERS WHO ARE VENDORS OF GOODS AND USERS WHO ARE CONTRACTED DELIVERY PARTNERS AND USERS OF OUR PLATFORM FOR PURCHASE AND E-COMMERCE AND USERS WHO BROWSE OR ACCESS OUR PLATFORM.
Fettch Technologies Inc. (“Fettch”) reserves the right to amend, replace or provide supplemental terms at any time. Supplemental terms are in addition to, and shall be deemed a part of the Terms and Conditions for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
These Terms are between you and Fettch Technologies Inc. (“Fettch ”) a Canadian corporation incorporated federally in Canada. The terms “us”, “we” and “our” refer to Fettch Technologies Inc.
Access to our Services constitutes an agreement between you and Fettch Technologies Inc. These Terms constitute this Agreement. Fettch is a technology company whose mobile marketplace allows users to order (“Order”) and receive products (“Products” ) from our retail
partners (Retail Partners) and receive on-demand delivery via a Fettch Driver (“Delivery Partner”).
When you use the Fettch app to shop, checkout, and place an order from a Retail Partner, the Retail Partner will receive the order request and prepare and bag these items (if it so chooses to accept the order). The Retail Partner will access delivery services via the Fettch marketplace to enter a contract with Delivery Partners to make deliveries on the Retail Partner’s behalf.
Delivery partners may use the Fettch driver app to receive a Retail Partner’s request for deliveries.
You acknowledge that neither Fettch Technologies Inc. nor its affiliates is a Retailer and is not responsible for the following obligations of Retail partners. Retail Partners are responsible for representing items accurately and ensuring the quality, integrity, and standard of items. Our retail partners retain all responsibility in fulfilling orders they accept, preparing items of an acceptable quality and standard, and preparing items in accordance with all applicable standards, rules, and regulations. Retailers must ensure their information on the Fettch app, including information about inventory items is correct and are themselves responsible for any representation of themselves and items sold through our Service.
Retail Partners must obtain relevant licenses, and comply with all applicable laws and regulations. They must handle and package items according to safety standards in Ontario. The Order constitutes an agreement between you and the Retail Partner involving the supply and completition of an order and the contents of that order.
You acknowledge that Fettch nor its affiliates itself provides delivery services. Delivery partners include our contracted drivers in Canada and contracted drivers with independent contractor delivery partners. Drivers are notified to obtain and transport orders using Fettch driver app to carry out delivery services for Retailers (“Delivery Partner”).
Delivery Partners’ responsibilities include delivering items from Retail Partners with the utmost professionalism, care, diligence, and expertness. Delivery Partners must comply at all times with all applicable laws and regulations in Ontario. Delivery Partners may only accept deliveries, transport items between Retail Partner and User, and communicate with the User for the explicit purpose of ensuring completion and accuracy of that delivery.
You agree that Fettch Technologie Inc, is not responsible for the quality of services and products offered by a Retail Partner and a Delivery Partner. Fettch will have no liability with regards to any problems caused by either Vendor or Delivery Partner. Fettch is not responsible nor liable for the contents of any order, for missing Items, for late deliveries nor are we liable for missing deliveries.
Fettch is not responsible for Retail Partners and Delivery Partners. Each is an independent entity and is not an employee nor is representative of Fettch Technologies Inc. Fettch is not liable for any actions, harm, or breaches by any Vendor or Delivery Partner.
USE OF SERVICES
You may order products (Items) via the Fettch app from our Retail Partners .
Orders are contingent upon Retail Partner inventory and item availability and the Delivery Partner’s proximity and ability to complete delivery.
A contract is formed between User and the Retail Partner once a User accesses the store page of a Retail Partner and once an order is made or accepted by the Retail Partner. You must pay the cost of items ordered, any applicable taxes, and our service fee.
Users or shoppers may access our services to order items. You may communicate with drivers, rate an order, and provide feedback on the contents of the order and the speed and quality of delivery.
Retail Partners or Vendors may create a store page and access our Services to sell items to consumers and to allow Fettch to oversee the fulfillment of the order.
Delivery Partners you may create an account and use our Services to earn income and fulfill Order requests.
Delivery Partners must not tamper with the Products not misuse, mishandle these Products. Any misconduct will enable Fettch to take any course of legal action it sees fit.
If you believe that the items were delivered in error or there is an issue with your order. Please contact us via our Platform or email . You must provide details of the order and the error within 48 hours. After 48 hours, Fettch will not accept reports of issue with an Order. Fettch in its sole discretion will decide whether to issue a refund. In most cases, an order will be refunded unless we believe the issue was caused by you or you have misrepresented an issue. We consider multiple factors when coming to any conclusion regarding a dispute.
Delivery and Pick Up
When you place an order, you may choose to deliver ASAP or at a scheduled time,
(i) The delivery time calculated is an estimation and may change or increase based on variables including but not limited to : driver delays, time taken by retailer to prepare order or, ease of access to delivery location.
(ii) Our Retail and Deliver Partners ensure to the best of their abilities to provide prompt completion of orders and delivery and will accurately record progress of the order or delivery.
(iii) You must provide an accurate and accessible delivery address and contact information. You may contact a Delivery Partner to discuss details of the delivery. If you are unable to contact the Delivery Partner or there is an issue with the delivery in any way, please contact us and provide details of the delivery. If there is any issue and we perceive no onus on the User we will ussue a refund at our sole discretion.
When the order is delivered to you, all risks associated with the Order shall be transferred to you.
If a Delivery Partner arrives at the delivery address, tries to contact you and you fail to respond within 10 minutes you may be charged for your order and the delivery partner will return the Order as a failed delivery.
There may be instances where Retail Partners may cancel your order after accepting due to unforeseen circumstances such as if items are no longer available. In instances where Retail Partners are unable to fulfill orders after accepting, Fettch will notify you through our App and will not be charged for these cancelled orders. Fettch will refund you for any payment already made using the same method you used to pay for your order.
Cancelling after the Retail Partner accepts the order:
If you would like to return an order AFTER an order has been accepted you must contact us immediately. Fettch may assist with returns. You must retain all receipt of purchase. Any returns and exchanges are at the discretion of the Retail Partner from which you ordered from and are
contingent on the applicable and unique exchange and return policies of individual retailers with whom you entered into a contact with.
Fettch reserves the right to alter the service charge depending on multiple variables. However, you will always see this charge prior to completing payment and can decide whether to complete the purchase or not.
Our Retail Partners maintain the right at their discretion how much they want to charge for their food and delivery and the offers provided to you on Uber Eats app, which may vary from what you see what you visit the restaurant.
CONDITIONS OF USE
User Accounts In order to use most of our Services, you must register for and uphold a personal user account ("Account").
You must be at least the age of maturity in your area of residence in order to use the Services provided by Fettch Technologies Inc. If you do not meet the age requirements of your jurisdiction you are explicitly not permitted to use our Services.
By using our Services, you acknowledge you are entering unto a contract with Fettch Technologies Inc. and must provide some personal information in order to gain access the Platform.
Registering an account requires you to submit to Fettch certain personal information, such as your name, address, phone number, age, as well as a payment method accepted by Fettch. You are responsible for all activity that occurs under your Account, Any failure to maintain accurate, complete, and up-to-date Account information may result in disrupted access to the Services and platform.
You are responsible for all activity that occurs under your Account, and you agree to maintain the privacy of your Account username and password at all times. Unless in an exceptional circumstance only where pre-authorized by Fettch with documentation, you may only possess one Account.
If you encounter any issues with your Order or Account you may contact us directly at ) and we will assist you as soon as possible.
We maintain the right to allow users to upload or transmit content through our platform (“User Content”) You acknowledge that any User content is considered non-confidential, non-proprietary and Fettch may at any time distribute, modify, circulate, and disclose to third parties any User Content. You understand that your content may be transferred unencrypted and involve transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses and cooperate with law enforcement and any governing body should any mis-use render any kind of legal consequence Fettch retains the right to take any action at its sole discretion.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. You use our Services to engineer and create a competing service. You may not design a service or product with similar ideas, features, capabilities, content, or image.
A breach or violation of any of the Terms will result in an immediate termination of your access to our Services. Fettch again reserves the right to refuse service to anyone for any reason at any time.
Third Party Links
We may provide you with access to third-party tools of which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. The Services may be made available or accessed in connection with third party services and content (such as advertising) that is not within the control of Fettch. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to engagement with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes
The Services and all rights therein are and shall remain the property of Fettch Technologies Inc. and our licensors. Neither these Terms nor your use of the Services convey or grant to you any rights to use or reference in any manner Fettch’s company names, logos, product and service names, trademarks or services marks or those of Fettch’s licensors.
Any failure by FETTCH to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.
IP and Ownership
Fettch alone owns all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service. All content, minus content inputted by the end shopper, and properties of the Service is owned or licensed by Fettch and protected by copyright,
trade-mark and all applicable intellectual property laws. You may not remove any branding, images or other such properties of either Fettch or our Retail Partners.
OUR SERVICES, AND CONTENT ARE PROVIDED "AS IS”, “AS AVAILABLE” and. WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FETT CH REJECTS ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE OUR SERVICES AND CONTENT WHETHER EXPRESS OR IMPLIED, OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT OUR SERVICES, PLATFORM AND CONTENT WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION AND MEET YOUR REQUIREMENTS OR EXPECTATIONS.
In no case shall Fettch Technologies Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of reputation, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Fettch is not liable for any lost products, incidents, damages, opportunity, misused data, or transmission of data. 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, our liability shall be limited to the maximum extent permitted by law.
TO THE EXTENT THAT IS PERMITTED UNDER APPLICABLE LAWS IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FETTCH IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, OUR SERVICES, PLATFORM OR THE
CONTENT EXCEED THE MAXIMUM LIABILITY AMOUNT OF: $100.00 (ONE HUNDRED CANADIAN DOLLARS).
Except to the extent that it is restricted by the applicable laws, you agree that any Dispute will be resolved on an individual basis. Claims must be brought individually, in an 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 Fettch Technologies.
To the fullest extent permitted by applicable law, you without condition submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim (a “Dispute”) arising out of or in connection with these Terms or your use of the Service.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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 service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Fettch does at most time conform to the accepted industry practices in securing the transmission of data to, from and through our Platform, you acknowledge we cannot guarantee the security of data transmitted over the Internet or public networks in connection with your use of our services.
Fettch does not guarantee that any communications carried out through our Services are confidential.
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 our services including any costs relating to the servicing, repair or adaptation of any equipment, software or data that you use.
Modification of Service
Fettch may at any time disrupt or discontinue access to our Service and any component of this Service. We may also restrict access and adapt our service without notice or liability.
Fettch uses payment processing services to career out transactions and may use third party services for payment processing. You authorize Fettch to share with the Payment Processing Services Provider information such as transaction details and financial information. You consent that Fettch is in no ways liable for the use or misuse of such financial information, banking details and transaction information.
(i) Payment must be made with an accepted form of payment and may require us to verify identity. (ii) You will provide Fettch an accepted and valid form of payment to purchase items from a Retail Partner. (iii) Prices of items may change at any time