Terms and Conditions
Last updated: December 22, 2016
InstaBuggy – Technology
InstaBuggy is a communications platform for facilitating the connection between individuals seeking to order food and beverage products and other grocery items ("Groceries") from selected retail premises ("Customer(s)"), and InstaBuggy individuals seeking to assist Customers by retrieving and delivering the Groceries to and on behalf of Customers who have authorized the purchase of such Groceries ("Personal Shopper(s)") (such services provided by Personal Shoppers (InstaBuggy drivers) to be hereinafter referred to as "Personal Shoppers"). The additional fee Customer pays that is above the retail price of the Groceries is for the purpose of engaging the Personal Shopper to perform the Personal Shopper Services. Customer acknowledges and agrees that the Personal Shopper acts as the agent of the Customer in carrying out the Personal Shopper Services, and that InstaBuggy has no relationship with Customer other than to provide the Support as set forth in this Agreement. InstaBuggy does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Personal Shopper Services.
Instabuggy holds a Liquor Delivery Licence from the Alcohol and Gaming Commission of Ontario (AGCO). To order alcohol (Delivery Fee: $9.99 Flat Fee) through Instabuggy, you must be of legal drinking age, and you must accept delivery in person. At the time of delivery you must show a valid government issued ID to the driver in order to verify your age. We will accept a government-issued Photo ID (BYID - Age of Majority Card). The driver will not deliver the alcohol if you are unable to comply with these rules. Once the order is delivered to a person of legal age, who shows a valid form of ID, and agrees to the terms and conditions of use, it is that individuals responsibility to not share the alcohol order with any others who are underage. Please ensure that you have your government-issued photo ID ready for age verification at delivery. Failure to provide valid government-issued photo ID will result in forfeit of the alcohol delivery order, and a return delivery charge of $14.99 may be charged.
YOU AGREE THAT NEITHER INSTABUGGY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR FOR ANY PERSONAL SHOPPER SERVICES. NEITHER INSTABUGGY NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE PERSONAL SHOPPERS, YOU HEREBY RELEASE INSTABUGGY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to Instabuggy and its affiliates. Users of this Website or of the Instabuggy Support ("you" or "User(s)") may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited.
You are the sole authorized User of any account you create with Instabuggy. You are responsible for maintaining the confidentiality of any password or account number provided by you or Instabuggy for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. Instabuggy has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify Instabuggy immediately. By signing up to this website, and or using it's services, you understand and agree to the fact that from time to time you may receive promotional emails, order email confirmations, and other types of email communication. You may opt-out of receiving text messages from us by emailing email@example.com. If you provide your cell phone number to Instabuggy pursuant to the use of the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform the Services.
USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INSTABUGGY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY WEBSITES LINKED TO THE INSTABUGGY WEBSITE. INSTABUGGY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE INSTABUGGY WEBSITE OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF INSTABUGGY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
INSTABUGGY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INSTABUGGY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. INSTABUGGY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. INSTABUGGY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. INSTABUGGY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability
YOU AGREE THAT INSTABUGGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY PERSONAL SHOPPER OR PERSONAL SHOPPER SERVICES; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF INSTABUGGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT INSTABUGGY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL INSTABUGGY'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO INSTABUGGY HEREUNDER.
You agree to defend, indemnify and hold harmless Instabuggy 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 attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Instabuggy shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, Instabuggy may modify or discontinue the Website, or may modify, suspend or terminate your access to the Website or the Support, 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 Website or the Support, Instabuggy reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Support. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
This Agreement is governed by the laws of the Province of Ontario, without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, 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. Any offer for any product, feature, service or application made on this Website is void where prohibited.
4711 Yonge Street 10TH FL.
Toronto, Ontario, M2N 6K8