TERMS OF USE
SHOPDROP MARKETPLACE INC.
This page (together with the documents it refers to) contains the terms and conditions under which we provide the services offered by Shopdrop Marketplace Inc. (hereinafter "we". “us”, “our” or “Shopdrop”), www.shopdrop.ca and the Shopdrop mobile application (hereinafter collectively referred to as “the App” or the “Website”) and any of their related products and services (collectively, "Services").
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the Website. This Agreement is legally binding between you, our visitors, our members, our vendors, our third-party service providers, and our advertisers (collectively referred to as "User", "you" or "your") and Shopdrop regarding the use of the Website or the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and must not access and use the Services in any way. You acknowledge that this Agreement is a contract between you and Shopdrop., even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Please read those terms and conditions carefully before you subscribe to one of our Services.
We are not responsible for any content referred to through our Website. If damage is caused by the use of information displayed through an external link, only the respective authors of said links might be liable, and in no case, we can be held liable for such damage. Furthermore, we are not liable for any posting or messages published by our Users.
These terms and conditions should be read in conjunction with the privacy policy of our website available at http://www.shopdrop.ca/privacypolicy, as amended from time to time.
We operate the www.shopdrop.ca website and the “SHOPDROP” mobile application. We are SHOPDROP MARTKERPALCE INC., a company duly incorporated and registered Quebec, Canada. Our head office is located at the following address: 5247 Ave Borden, in the city of Montreal, Province of Quebec, Canada. We also do business under the name LES MARCHÉS SHOPDROP.
Through our Website and App, we offer an interactive mobile platform designed to allow you to search, browse and purchase consumer goods, including without limitation clothing, office supplies, groceries, and supermarket products offered by vendors. We will coordinate the shipment and delivery of merchandise ordered through the platform (the "Services").
By using the Website, you acknowledge and accept that our vendors and deliverers are independent contractors and are not Shopdrop employees. The vendors and deliverers act on your behalf in providing Services relating to an order, and that we have no relationship with you, the vendors, or the deliverers other than to provide the Services set out herein. By using the Website, you accept that we may charge commissions to vendors and/or Deliverers for the Services provided.
Be advised that Shopdrop has no control over the quality, time, failures or any other aspects relating in any way to the services or merchandise offered by our vendors and deliverers. We can only control the Services provided directly by us.
You can use our App by downloading the application in the Apple App Store for iOS devices or in the Google Play Store for Android devices. Internet connection is required to use our Services. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ADDITIONAL CHARGES OR FEES CHARGED BY YOUR INTERNET OR MOBILE SERVICE PROVIDER FOR THE USE OF OUR WEBSITE.
Our App is free for you to download and use.
By visiting or using our Website, you agree to be subjected to the present Terms and Conditions and to be bound by each and every provision of the present Agreement. The use of the Website is conditional upon acceptance of the provisions of the present Agreement, including the Terms and Conditions.
By subscribing or signing up to our Services, you expressly consent to receive emails, updates, news, or other correspondences from us related to the Services you subscribed to or other services offered by Shopdrop.
By visiting our Website and using our Services, you declare that:
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. You are responsible for the usage which will be made on the Website of your username and your password. You also guarantee the veracity and the exactitude of the information you provide on the Website. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. We may also suspend and/or delete your account if it is not created in accordance with this Agreement, including by providing false information, or by creating more than one account for one person. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Each User may only create one account and you are the only authorized person to access the Website through this account. You are responsible for maintaining the confidentiality of any password or account number you provide in order to access the Website or the Service. You are solely liable for any orders, transactions, or other activity executed under your account or password. Be advised that Shopdrop has no control over who is using your account and therefore disclaims all responsibility and liability relating to such use. If you suspect a third party might be accessing and your using your account on the Website, you must immediately notify us in writing by sending an email to info@shopdrop.ca.
When you create an account with Shopdrop, you may provide your telephone number. By doing so, you are granting express consent for Shopdrop to make use of said number in order to make calls and send text messages in the course of the execution of the Services.
By using our Website and/or Services, you acknowledge and agree that our vendors and deliverers may contact you in relation to an order that you place on the Website, or in relation to the Services related thereto, through any contact method provided in your account. Shopdrop does not bear any responsibility or liability for any such contact between you and any vendor and/or deliverer.
It’s very simple, you should follow the steps below to place an order on the Website:
Product unavailable
Should any product in your order not be available when the vendor is filling a said order, the vendor has the discretion to either contact you to obtain instructions for a substitution for the unavailable product, or not include the said product in your order.
Pricing
The prices and other applicable charges (including without limitation shipping and handling and delivery charges) for the Services we provide are the ones indicated on our Website, except in cases of obvious and manifest error. You will be made aware of the applicable fees and charges when you visit our Website and you will accept the applicable fee prior to completing the transaction. All payments are due immediately upon placing the order. Upon confirmation and payment for your order, you will receive a receipt by email.
We reserve the right to modify the prices and other applicable charges indicated on the Website at any time, without notice, but changes will not affect purchase orders for which we have already sent a confirmation.
Unless otherwise clearly indicated, prices are in Canadian dollars and do not include GST, QST, HST, and/or other applicable taxes. Taxes will be added to all transactions conditional to the applicable tax laws and treaties.
Payment for our Services must be made by credit card, debit card, PayPal, or other payment method accepted through our Website. We may use third-party service providers to process payments on our Website or Mobile Application. We strongly recommend that you review their privacy policy and terms of use. Please refer to the “Billing and Payments” section for more information regarding our billing and payment procedures
Please note that the Website does not offer the sale or delivery of alcohol products (including without limitation beer products).
Please note that the Website does not offer the sale or delivery of tobacco products (including without limitation cigarettes), cannabis products (including cannabis-related products), or other vapor products (whether containing nicotine or not).
By placing an order that includes any product that is an over-the-counter drug or other medical product, you acknowledge and agree that your order use of such product is entirely at your own risk. You acknowledge and agree that we do not provide any medical advice, diagnosis, or treatment and that no pharmacy-patient relationship nor physician-patient relationship exists between Shopdrop and you as a result of your use of the Services.
We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.
SHOPDROP MAKES NO REPRESENTATIONS REGARDING ANY HEALTH BENEFITS, RISKS, OR HEALTH INFORMATION RELATING TO ANY OVER-THE-COUNTER DRUG OR OTHER MEDICAL PRODUCTS, AND SHOPDROP, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, AND THE CONTRACTORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR SUCH OVER-THE-COUNTER DRUG AND OTHER MEDICAL PRODUCTS (INCLUDING YOUR USE THEREOF) AT ALL.
IF YOU ARE HAVING A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
If a product you receive is in damaged or it is wrong, you can submit a claim to info@shopdrop.ca or through the in-app chat and our team will review your claim. If your claim is well-founded, we will contact you and advise you of the replacement/return process or the reimbursement process, as the case may be. Refunds may take 5 to 10 business days to be reflected in your account. Please note that returns and replacements are subject to the policies of each specific vendor. Products that you open are not eligible for a return, replacement, or refund.
You may cancel your account at any time, for any other reason.
Please note that all transactions completed prior to the cancelation of your account are final and you will not be eligible for a refund.
We reserve the right to cancel your account without notice if you fail or failed to pay for any service, if you have violated any term or condition hereof. We also reserve the right to cancel your account at any time without notice and at our sole discretion, prior to receiving your payment for the services rendered through our Website.
Upon cancellation or termination of your registration, we reserve the right, at our sole discretion, to retain or immediately and irrevocably delete the contents of your account and/or other information available on our Website.
We do not own any data, information or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
In addition to the foregoing, you are solely responsible for the Content that you publish or display on our Website, and/or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Shopdrop or to any other user. If the information provided to Shopdrop or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
Your use of the Website, including but not limited to the content you post on the Website, must be in accordance with any and all applicable laws and regulations.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our opinion, violates any of our policies or is in any way harmful or objectionable. Shopdrop may immediately remove any content that it solely decides to be in violations of its term and conditions, without notice. Furthermore, Shopdrop may terminate your account, without notice, and without prejudice to any other rights and recourses that it may have against you. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Shopdrop prohibits the use of our Website to send unsolicited emails to our Users. Any member who violates this provision will have their account closed and their registration terminated at the sole discretion of Shopdrop.
Notwithstanding the above, uncontrolled activity by third parties may lead to spam emails or unsolicited emails directed to our Users, we are hereby exonerated from any damage, loss or other disturbance caused by such third parties.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content, the quality or the exactitude of the products and services they offer, or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. We offer no guarantees on other websites to which the Website gives you access. You irrevocably waive any claim against Shopdrop with respect to such other services. Shopdrop is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. It is entirely your responsibility to ensure that the websites which you choose to access, are free from any destructive elements, including viruses. You will have to refer to the policies and conditions of use appearing on those websites, regarding privacy and other topics before accessing, consulting or using them. We are not responsible for the information or content associated with these third parties.
You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Shopdrop to disclose your data as necessary to facilitate the use or enablement of such other services.
We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. In the event of hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
To the fullest extent permitted by applicable law, in no event will Shopdrop, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Shopdrop and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Shopdrop for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You must indemnify and defend at your expense, Shopdrop, its directors, officers, employees and agents against any lawsuit, claim, demand, debt or liability, damages, costs and expenses including attorneys' fees, arising, directly or indirectly, from your content, your use of the Services or the Website, your conduct in connection with the services offered or with the Website, or any violation of the presents, any other law or the rights of a third party.
We do not guarantee that the information, services and software provided on the Website will be exempt of anomalies or errors and "bugs", neither that those could be corrected, nor that the Website will function without interruptions or breakdowns, nor that it is compatible with a material or a particular configuration other than those expressly validated by us.
Under no circumstances will we be responsible for any dysfunctions attributable to third-party software, whether or not incorporated into the Website or are provided with this Website.
Under no circumstances will we be responsible for damages directly or indirectly, foreseeable or unforeseeable (including the loss of profits or opportunity) arising from the supply and/or use, or the total or partial impossibility to use the Services provided on the Website.
Most notably, but not limited to the preceding general points, we will not be responsible for any losses of income, any losses of profits, as well as any damages, caused to the Users (including without limitation vendors) directly or indirectly, through the use of the Website.
We will not be held responsible for any or all errors or omissions likely to occur on the Website. We will not be held responsible towards whoever for the errors or omissions of any nature related to the contents or the materials related to the present Website, and will offer no guarantees express or implicit on the contents or materials related to the present Website. We will not be held responsible for any or all losses, or any or all damages of any nature, direct or indirect, specials or fortuitous included, likely to result.
Furthermore, we are not responsible for Users’ or third-party behaviour, comments and ratings on published material, whether favorable or not. We are not responsible for any damage this may cause to our Users.
We are not responsible for uncontrolled activity by third parties which leads to spam emails or unsolicited emails directed to our Users. We are not responsible for any damage, loss or other disturbance caused to our Users by such third parties.
We will not be held responsible for inaccuracies appearing in the statistics page and caused by third party spammers or robot activity that compromises our ability to provide accurate and uncompromised statistics regarding the use made by our Users of our Website. We are not responsible for any inaccuracy or damage this may cause to our Users.
We do not ensure the accuracy of any information provided by our Users (including without limitation our vendors). Users shall exonerate us against and in respect to any damages and all claims and recourse that can be brought against us with regard to any information provided by the User(s) and broadcasted or displayed on our Website. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
Users will compensate us for any claims, including interest, penalties as well as any legal fees that we may incur due to the User’s information retrieved from our Website.
Users will exonerate us and Users will be responsible for the total sum of any losses, costs and expenses, including reasonable attorney fees, related to any violations of the present provisions of the Agreement by the User(s) or by any other person with access to the User's account, either through the use of the present Website, or by the broadcasting, display or transmission of any information or materials on the present Website by the User and by any other person with access to the User's account.
You understand that this Agreement has been considered in light if these limitations, and that the terms of the Agreement would have not been possible but for this limitation.
We are the owner(s) and/or holder(s) of all intellectual property rights on our Website, registered or not, and any material we publish on our Website, including but not limited to graphics, Website content, etc. The contents and the copyrights on the contents belong or are under control of Shopdrop, and its logo is a registered trademark. Those works are protected by copyright laws and all rights attached thereto are reserved.
You can print a copy and download extracts of any page of our site for your personal use. However, you cannot use all or part of the protected content hereunder, for commercial purposes, without first obtaining an express license from the owner(s) of said content (i.e. us or our partners). It is strictly forbidden to use any of the trademarks appearing on this Website or any other website accessible via this website without the written authorization by Shopdrop or by the holder of the rights on this trademark. You agree that you will not use Shopdrop’s proprietary information or materials in any way whatsoever except for the use of the Website in compliance with the present Agreement. No portion of our content or of our Website can be reproduced in any form or by any means, except as expressly permitted in this Agreement. Furthermore, you agree not to modify, sell, distribute or create derivative words based on our Website, products and Services in any manner, and you shall not use our Website in any unauthorized way whatsoever, including but not limited to by trespass or burdening our network and service capacity.
If you post comments on the products or services on other websites, blogs or social media (hereinafter “Comments”), you must ensure that these comments reflect a well-founded opinion. By subscribing to our services, you irrevocably authorize us to quote and publish your comments on our Website, and any advertising or social media that may be created later.
We do not claim ownership of the materials you provide to us. However, by posting, uploading, providing or submitting material, you grant us the necessary authorizations and licenses to use the information you submitted in connection with the operation of our business, including, but not limited to, the rights to: copy, distribute, transmit, display, perform, reproduce, edit and translate the material submitted by you, including but not limited to graphics, comments, etc. By posting, uploading, inputting, providing or submitting your material, you warrant and represent that you are holding, and/or you control all the rights connected to said content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit said content.
Every User expressly guarantees to Shopdrop that all the materials of text, photographs, drawings, trademarks or any other materials provided to us for publication on the accessible web pages of the Website are the property of the User, or that the said User has the authorization of the holder of the rights concerned, to use any material concerned. Therefore, Users must be committed to exonerating and defending us, as well as our subcontractors, against any claims or against any recourse which can be brought against us following the use of such materials provided by the User(s).
Notwithstanding the above all recommendations, improvements or modifications to our products and services made in response to your call and/or anyone acting on your behalf, including your employees, will be our property, whether these improvements and recommendations are integrated into our products and services or not.
We will not be liable for any failure or delay in the performance of our obligations under this Agreement, if such failure or delay is caused by of Force Majeure, as defined below.
A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control, including, but not limited to:
- strikes , lockouts or other situation or industrial phenomenon ;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war ;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or another natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of networks of public or private telecommunications; and
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended as long as the event of force majeure continues (the “Period”), and we are entitled to an extension of time for performance equivalent to that Period. We will use all reasonable means at our disposal to end the event of Force Majeure and/or find a solution by which we keep our commitments and obligations under this Agreement, despite the event Force Majeure. Please note that this is an obligation of means and not an obligation of result.
Applicable laws require that some of the information or correspondence we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. You hereby accept the electronic means of communication instead of written submissions, and you acknowledge that all contracts, notices, disclosures and other communications that we provide to you electronically comply with the requirements of laws and have the same legal force as written communications. This condition does not affect your statutory rights.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed and construed in accordance with the laws of the province of Quebec, and, to the extent applicable, the laws of Canada, without regard to its rules on conflicts or choice of law. The parties agree to elect domicile in the judicial district of Montreal, in the province of Quebec, Canada, and select it as the appropriate district for the hearing of any claim arising out of the interpretation, application, performance, entry into force , validity and effects or Agreement(s) hereunderand you hereby submit to the jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Except if you are located in the Province of Québec, you also agree to waive any right you may have to commence or participate in any class action against Shopdrop related to the Website, the Services, the services or products of any vendor, deliverer or third party service provider, or this Agreement.
We reserve the right to modify this Agreement or its terms relating to the Services, in whole or in part, at any time, effective upon posting of an updated version of this Agreement on the Services. We will notify you of any changes to the Agreement, thirty (30) days before the effective date of the changes. This notice will contain the new provisions, the amended provisions (and the earlier version of those provisions), as well as the date of entry into force of the amendments. We strongly recommend that you read all the changes to our Terms of Use. Continued use of the Services after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to info@shopdrop.ca.
This document was last updated on April 30, 2021
