Last Updated: April 27, 2020
This website ("Website") is owned and operated by Mobility Quotient Solutions Inc. ("JustPickup", "we", "us" or "our").
- Description of Services
JustPickup is a community-driven technology platform to allow you to find and order merchandise, food and other items ("Items") from your favorite local businesses ("Merchants") for curbside pickup. Although you are able to place orders through the Services, JustPickup itself does not sell the Items contained in your order, is not a party to any such transaction, and has no control over the quality or safety of the Items.
By using the Services, you understand and agree that:
- your order is between you and the Merchants from which you order;
- the Items that you purchase will be sold by the Merchant you have selected and that title to the Items passes from the Merchant to you at the Merchant’s location;
- JustPickup does not hold title to nor does it acquire any ownership interest in any Items that you order through the Services; and
- JustPickup will not, under any circumstances, be responsible for picking up, delivering, or in any way coordinating the transport of Items between buyers and Merchant, including without limitation, coordinating the return or exchange of Items.
By using or accessing our Services, you represent and warrant that you:
- are of the age of majority in your place residence; and
- can lawfully enter into and form contracts in accordance with local laws.
- Restrictions; Prohibited Items
You may not use the Services to purchase alcohol products unless you and the recipient meet the minimum age requirements under applicable state or provincial laws and present a valid photo identification verifying your age at the time you pick up or receive delivery of your order.
Merchants using our Services are expressly prohibited from selling or offering for sale to any user, regardless of age, any of the goods or services listed in JustPickup's Prohibited Items Policy (the "Prohibited Items Policy") which may be modified by JustPickup at any time in its sole discretion without notice. You may not attempt to purchase any such goods or services using our Services. We reserve the right to immediately deny you access to our Services, without notice, if we determine, in our sole discretion, that you have violated or attempted to violate the Prohibited Items Policy.
- Your Account
Some of our Services may permit or require you to create an account to participate or obtain additional benefits. If you create up for an account for any of our Services, you agree:
- that your account and password are personal to you and may not be used by anyone else to access our Services;
- to provide and maintain accurate, current and complete information about yourself, including contact information; and
- not to impersonate, or misrepresent your connection with, any person, including using another person’s username, name, likeness or account information or provide false details on behalf of a parent or guardian.
You are solely responsible for maintaining the confidentiality of your account login-in and password credentials and for all activities that occur under your account and you agree that you shall monitor your account to prevent use by minors. You must immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time. You agree not to create an account or use the Services if you have been previously removed by JustPickup, or if you have been previously banned from use of the Services.
We reserve the right not to accept your registered user application or to terminate your registered user status at any time in our sole and complete discretion.
- Your Content
Some of our Services may permit you to submit, share, post, provide, transmit, display, upload or otherwise make available data, text, images, files, usernames, audio, video, applications, links and other materials and content ("Content"), which may be publicly accessed or viewed through our Services. You are solely responsible for your Content.
You hereby grant (and agree to grant) to us a transferrable, sublicensable, royalty free, perpetual right and license to use, copy, distribute, display, make available to the public, transmit, broadcast, publish, modify and create derivative works of your Content, and authorize others including other users of our Services, to do the foregoing (the "Content License").
You represent, warrant, and covenant, and can demonstrate to our full satisfaction upon request, that:
- you own or otherwise have the right to grant the Content License or that your Content is in the public domain worldwide;
- your Content does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information or other intellectual property rights ("Intellectual Property Rights");
- you agree to pay all royalties, fees, remuneration and any other monies due or payable arising from any use of your Content or the exercise of the Content License by us or third parties on or through our Services;
- you have the legal right and capacity to grant the Content License and hereby waive (and agree to waive) any moral rights you have in your Content for the purposes of our Services.
- Your use of our Services
- you agree not to submit or upload Content that is defamatory, harassing, threatening, hateful, violent, vulgar, obscene, pornographic or sexually suggestive, illegal or otherwise offensive, that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, harms or can reasonably be expected to harm us or any other person or expose either to liability;
- you are solely responsible for your interaction with other users of our Services, whether online or offline and for your interaction with third party service providers referred to in our Services. You agree that neither JustPickup nor any third party is responsible or liable for the conduct of any user or third party service provider. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users;
- you agree that you are solely responsible for all data charges you incur through the use of our Services;
- you agree not to transmit, or procure the sending of, any advertising or promotional material via our Services without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- you will not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of our Services, introduce any viruses, Trojan horses, worms or other materials that are technologically harmful or solicit or otherwise attempt to collect, store or otherwise disseminate passwords;
- you acknowledge and agree that we do not endorse, nor are we responsible for, any user Content or other information submitted, posted or otherwise provided on or through our Services by users;
- you agree not to use our Services in any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from Canada or other countries);
- you will not use the Services to engage in any pyramid or other multi-tiered marketing scheme;
- you will not create multiple accounts for yourself for any reason, including, without limitation, in order to obtain the same promotion multiple times; and
- you are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website, the Applications and the Services, and you shall be solely responsible for all charges and fees related thereto.
- Terms specific for Merchants
When listing an Item for sale using the Services, you represent and warrant that:
- you are legally entitled to sell the Items offered for sale;
- the descriptions of each of the Items that you offer are, and at all times shall remain, accurate and agree that you are solely responsible for submitting and maintaining the accuracy and content of such descriptions; and
Merchant is responsible for setting a price (including any taxes if applicable, or charges) for the Items offered. Merchant is the "retailer" or "seller" of all Items and is solely responsible for the collection and remittance of all applicable taxes and other fees. For the sake of clarity, the price listed for each Item on the Services excludes applicable taxes or any other fees. Merchant is solely responsible for determining all applicable taxes and other fees and identifying and informing JustPickup of the appropriate applicable taxes and other fee amount for JustPickup to charge users on Merchant’s behalf for Items available on the Services. Further, Merchant expressly authorizes JustPickup, at Merchant’s direction, to collect such applicable taxes and other fees on Merchant’s behalf. Notwithstanding the foregoing, from time to time JustPickup may request that Merchant review applicable taxes and other fees provided to JustPickup and certify that such applicable taxes and other fees comply with applicable law or regulation. If JustPickup determines that applicable taxes and other fees determined by Merchant are not in accordance with (or in violation of) any law or regulation, JustPickup expressly reserves the right to, upon prior notice to Merchant: (a) adjust applicable taxes and other fees collected on behalf of Merchant; (b) remove affected Items from Merchant’s listing on the Services; and/or (c) deactivate Merchant from the Services. To the extent that applicable taxes and other fees are not determined by Merchant, Merchant expressly authorizes JustPickup to make such determination on its behalf and Merchant hereby acknowledges and agrees that JustPickup will have no liability for the accuracy of any such determination.
- Terms specific for Buyers
You are responsible for reading the full Item listing before making a commitment to buy and acknowledge that you enter into a legally binding contract to purchase an Item when you commit to buy an Item. JustPickup does not transfer legal ownership of Items from the Merchant to the buyer.
You understand that: (a) the prices for Items displayed through the Services may differ from the prices offered or published by Merchants at retail locations and that such prices may not be the lowest prices at which the Items are sold; and (b) Merchants may change the prices for Items displayed through the Services at any time.
You authorize JustPickup to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. When you place an order through JustPickup, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 5 business days to receive access to these released funds. In the event that the pre-authorization is lower than the final amount, we will either authorize an increase in the original amount or, if unsuccessful, we will capture the increase in amount owed by you in a second authorization. JustPickup also places an initial temporary pre-authorization hold on each new payment method you add to your account.
All refunds are subject to the refund policies of the Merchants from which you order. If you contact us seeking a refund, we cannot – and will not – process any refund until we receive the approval from the applicable Merchant. We will use reasonable efforts to request and obtain refunds when appropriate.
If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation. We reserve the right to charge you the full order amount if you fail to pick up an order from a Merchant.
JustPickup reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent. JUSTPICKUP RESERVES THE RIGHT TO CANCEL OR MODIFY YOUR ORDER FOR ANY REASON, INCLUDING WITHOUT LIMITATION, DUE TO THE LACK OF AVAILABILITY OF ANY ITEM OR WHERE IT APPEARS THAT YOU HAVE ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. IN ADDITION, WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE CONDUCT TO APPROPRIATE AUTHORITIES AT OUR DISCRETION.
- Curbside Pickup
JUSTPICKUP, NOT BEING THE MERCHANT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE CURBSIDE PICKUP SERVICES, AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST.
We grant to you a limited, non-exclusive, non-transferrable, and revocable license to use our Services for your personal, non-commercial purposes. You may not rent, lease, lend, sell, transfer redistribute, or sublicense our Services. You agree not to copy (except as expressly permitted by this license), decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of our Services, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with our Services). You may use any materials or other information (collectively, "Materials") provided to you as part of our Services solely in connection with your use of our Services.
JustPickup updates the information (including the Materials) on this Website, the Applications and the Services periodically. However, JustPickup cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of such information. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Website, the Applications and the Services at any time, without prior notice to you (including after an order has been placed by you).
- Changes, Maintenance and Support
We reserve the right to change, modify, substitute, suspend or remove, without notice to you, our Services or any Materials or Content from time to time. Your access to our Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new functions or services. We will attempt to restore such access as soon as we reasonably can. You acknowledge that we have no obligation to provide any maintenance or support for our Services, except where required by applicable law.
WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THIS WEBSITE, THE APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THIS WEBSITE, THE APPLICATIONS AND/OR THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON.
- Suspension and Termination
If you no longer wish to have an account registered with us, you may terminate your account by logging into your account and delete your profile from the My Account page. Alternatively, you may email us at firstname.lastname@example.org stating that you want your account terminated.
- Intellectual Property Rights
- Linked Materials and Third Party Service Providers
Materials provided through our Services may contain links to material and services on third party websites ("LinkedMaterials" and "Linked Services"). Such Linked Materials and Linked Services are not under our control and we are not responsible for the content of any Linked Materials nor the provision of any Linked Services. The links to other websites are provided for convenience purposes only and we do not purport to sponsor, approve or endorse any of the Linked Materials or the Linked Services. The third party provider of the Linked Services ("Third Party Service Provider") is solely responsible for the Linked Materials and the Linked Services. JUSTPICKUP SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY LINKED MATERIALS OR LINKED SERVICES.
- App Stores
- Warranty Disclaimer
You expressly acknowledge and agree that use of our Services, including any Materials and Content, and the Linked Materials and the Linked Services is at your sole risk and that the entire risk of satisfactory quality and performance is with you. Our Services are provided "as is", "where is", "as available", without representations or warranties of any kind including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranties regarding the Linked Materials or the Linked Services are provided by the Third Party Service Provider.
TO THE FULLEST EXTENT PERMITTED BY LAW, JUSTPICKUP, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES, MATERIALS AND CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING OUR SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE MATERIAL, CONTENT, LINKED MATERIALS OR LINKED SERVICES ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT, INCLUDING WITH RESPECT TO ALLERGY INFORMATION AND/OR FOOD PREPARATION STANDARDS, OR THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR MEET YOUR EXPECTATIONS. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR BROWSING ON OUR SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL, OR INABILITY TO DO ANY OF THE FOREGOING.
IF YOU HAVE ANY PROBLEMS WITH YOUR ORDER, INCLUDING ANY CURBSIDE PICKUP SERVICES, PLEASE CONTACT THE MERCHANT DIRECTLY. YOUR ORDER IS BETWEEN YOU AND THE MERCHANT FROM WHICH YOU ORDER, AND JUSTPICKUP IS NOT AN ACTUAL PARTY TO ANY SUCH ORDER.
- Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
- Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE APPLICATIONS, THE ITEMS, THE SERVICES AND THE MATERIALS.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES. AS SUCH, THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
If there is a dispute between users of the Services (including any Merchant), you understand and agree that JustPickup is under no obligation to become involved. In the event of any such dispute you hereby release JustPickup and any other Releasee from all Claims arising out of or in any way related thereto.
- Communications and Security
We do not guarantee the confidentiality of any communication sent to us via email or our Services. You acknowledge and agree that we will be free to use any ideas, concepts, techniques, or know-how contained in any such communication for any purpose, including but not limited to development, manufacturing and marketing products, or offering services, which incorporate such information.
Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. JustPickup is not liable for any damages related to communications to, or from, this Website, the Applications or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website, the Applications or the Services. JustPickup recommends that you install appropriate anti-virus or other protective software. JUSTPICKUP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE, THE APPLICATIONS OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE OR THE APPLICATIONS.
Access to our Services from locations where our Services, Materials, Content or Linked Materials are illegal is prohibited. It is your responsibility to determine whether your use of our Services is lawful and you must comply with all laws applicable in your jurisdiction. We reserve the right to limit the availability of our Services or any portion of our Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
- Contacting Us
Should you have any questions, complaints, or claims relating to our Services, please contact us at email@example.com or at the following address: 144 4th Avenue SW, Suite 1720, Calgary, AB T2P 3N1.