Terms of Service

Last updated: September 1st, 2021

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Thank you for using Popee Shoppers!

 

These Terms of Service (“Terms”) govern your use of the Popee services, including Popee’s website, Popee’s mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by Popee (collectively, the “Services”). This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).

 

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with Popee’s Privacy Policy.

 

The Services comprise a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”).

 

You acknowledge that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by Popee. You acknowledge that Popee does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.

 

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that Popee and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and the Retailer—not the Third Party Provider and not Popee—is the seller of the goods to you. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store.

 

You agree that Popee or the applicable retailer will obtain a credit card authorization for your credit card on file with Popee to cover the cost of the goods you have purchased from the retailer and any separate Popee fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.

 

Popee may change the fees it charges for the Services, including but not limited to delivery fees, service fees, alcohol service fees, and heavy order fees. Your card will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments. Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that are different than in-store prices. You can view each Retailer’s pricing policies on their storefront on both the website and in the Popee app. Popee will charge the final items amount based on the amount of the original receipt in the store. 

 

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Popee, Popee does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

 

Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.

 

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Popee reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).

 

1. Your Use of the Services

 

Popee grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Popee’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Popee’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Popee provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.

 

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Popee a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Popee may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

 

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Popee will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

 

If you are using Popee Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

 

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Third Party Providers and Popee personnel, including individuals who support Popee’s Help Center. Popee reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

 

We’re constantly modifying and improving the Services. Popee may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Popee with any feedback on or comments regarding the Services, you grant Popee the right to use such feedback or comments for any purpose without restriction or payment to you.

 

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same.

 

2. Popee Communications

 

By creating an Popee user account, you agree to accept and receive communications from Popee or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Popee. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Popee, its affiliated companies and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from Popee by replying “STOP” from the mobile device receiving the messages.

 

If you use the Services to order a non-prescription drug product (where available), you understand and agree that user inquiries must be conducted via telephone from pharmacy. You also understand and agree that a third party pharmacy and/or Popee may send you unencrypted SMS messages, push notifications or other electronic notifications relating to non-prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a non-prescription drug product, you explicitly disclaim any liability against Popee, its affliated companies, and Third Party Providers for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications.

 

 

3. Popee Coupons

 

Popee Coupons are applied to qualifying products upon purchase to help users save money on the products they love. Coupons are available for a limited time only and may be subject to certain restrictions and subject to related manufacturers’ terms. Coupons are subject to change, cancellation, or expiration at any time. If you do not purchase the qualifying items added to your cart while the coupon is still in effect, the coupon’s offer will not apply. Coupons apply only to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. You are responsible for, and you are required to pay any applicable tax or levy of any kind related to your use of the coupon and you acknowledge that Popee has no obligation for payment of any such tax or levy of any kind in conjunction with the distribution or use of such coupons. When coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). If you return any of the products purchased with a coupon, the coupon discount or value will be subtracted from the return credit. Coupons may not be sold, copied, modified, or transferred. Coupons have no cash value and may be limited to one per user unless otherwise disclosed. Coupons may not be combinable with mail-in rebates. Coupons are only good while supplies last and are void where restricted or prohibited by law.

 

 

 

4. Retailer Memberships

 

Certain Retailers may allow you to purchase memberships through the Services. If you purchase a Retailer membership through the Services, you understand that you will be charged separately by the Retailer and that you are purchasing the membership directly from the Retailer and not Popee and separate terms and conditions provided by the Retailer apply. You also understand that you will need to contact the Retailer if you have any questions regarding your membership or the management of your account.

 

 

5. Third-party Products and Content

 

You agree that Popee does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Popee assume responsibility for your interactions with any Third Party Provider (including a Retailer). If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that Popee will have no liability based on such purchase, use access, or engagement.

 

 

6. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

 

POPEE DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT POPEE WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.

 

YOU AGREE THAT NEITHER POPEE NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER POPEE NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER.

 

If you have a dispute with one or more Third Party Providers, you agree to release Popee (including Popee’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

 

 

7. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL POPEE (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF POPEE OR POPEE’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL POPEE (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF POPEE OR POPEE’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

POPEE, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF CAD $100 OR THE AMOUNTS PAID BY YOU TO POPEE DURING THE PAST 12 MONTHS IN CONNECTION WITH THE SERVICES.

 

 

 

8. Indemnification

 

You agree to defend, indemnify and hold harmless Popee and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Popee user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.

 

 

9. Disputes & Arbitration

 

This Section 13 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Popee that arises out of or relates to: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Popee as a consumer.

 

Before initiating proceedings against Popee, you agree to contact Popee first and attempt to work out any such dispute amicably.

 

 

 

10. Termination

 

You can stop using the Services at any time and without notice to us. Similarly, Popee may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice.

 

 

11. Entire Agreement & Severability

 

These Terms, subject to any amendments, modifications, or additional agreements you enter into with Popee, shall constitute the entire agreement between you and Popee with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

 

12. No Waiver

 

Popee’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

 

 

13. Assignment

 

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Popee may assign its rights, licenses, and obligations under these Terms without limitation.

 

 

14. Changes to the Terms

 

We may make changes to these Terms from time to time. When Popee does so, Popee will post the most current version of the Terms on Popee’s website and, if a revision to the Terms is material, Popee will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.

 

 

15. Copyright and Trademark Policy

 

Popee respects the intellectual property rights of others. Popee will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Popee’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights. If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Popee using the contact information listed below.

 

Popee contact:

popeeshoppers@gmail.com

Unit 9 - 6777 Livingstone Pl. Richmond B.C. Canada V7C 5V8

 

Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).

 

 

16. Contact Information

 

If you have any questions, or comments about these Terms please contact Popee at:

 

popeeshoppers@gmail.com

Unit 9 - 6777 Livingstone Pl. Richmond B.C. Canada V7C 5V8

 

For customer service inquiries, please review Your Account Settings, visit Popee’s Help Center, or call our Community Operations team at: +1(604)-888-0888.