- Acceptance of Terms and Conditions
If the User does not approve of the Terms and conditions, the User must NOT access or use the Platform in any way, either directly or indirectly, or access or use any information or service offered by the Platform, including any Services or Content.
Some Services may be subject to additional terms and conditions, in which case, by accessing or using such Services the User accepts such additional terms and conditions, and such additional terms and conditions are thereby incorporated by reference into these Terms and conditions. If the User does not accept such additional terms and conditions, the User must NOT access or use such Services, in any way.
You agree that it is solely your responsibility to ensure that your access to and use of the Platform and Services complies with the laws of your country.
The Services are only available for use by persons who are 18 years of age or older. You may not authorize third parties to use your Profile, and you may not allow persons under 18 years of age to receive services from HoPscan, Third Party Stores, Users or HoPscan Delivery Drivers. In certain instances you may be asked to provide proof of identity and age to access or use the Platform or Services, and you may be denied access to or use of the Platform or Services if you refuse to provide proof of identity and age.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Platform and Services, including all related expenses.
Some Countries do not allow exclusions or limitations on implied warranties, so the following exclusions and limitations may not apply to you: We make no representation that information on the Platform or any Services, Content or Product provided via the Platform, is appropriate or available for use in every country. You accept the use of the Platform, Contents, Products and Services “as is”.
- About HoPscan
Managed by BrakaSoft Consulting, HoPscan is an online platform that facilitates the connection between Users who wish to place Shopping Orders for Products or Services and Stores or Service providers of those products and/or services and Drivers who carry out such Shopping Orders and deliver them to recipients’ locations on behalf of the Users. The amount paid in addition to the sale prices for the Products corresponds to the payment for the services provided by Stores’ Delivery drivers. The User acknowledges and accepts that each of the Delivery Driver is a contractor independent of BrakaSoft HoPscan Platform Consulting, and acts on behalf of the Store and as an agent of the User in providing services relating to a Shopping Order, and that BrakaSoft HoPscan Platform has no relationship with the User nor the Vendor other than to provide Services as set out in these Terms and Conditions (except in rare circumstances when a User or Delivery Driver is providing services as an employee of BrakaSoft HoPscan Platform). Payment by Users for the services provided by Stores or Service Providers and Delivery Drivers for Shopping Orders shall be provided by BrakaSoft HoPscan Platform to such Stores or Service Providers and Delivery Drivers, and the User accepts that BrakaSoft HoPscan Platform may charge commissions to Stores and/or Delivery Drivers for the services provided by Stores and/or Delivery Drivers.
BrakaSoft HoPscan Platform has no control over the quality, time, legality, failures or any other aspects relating in any way to the services offered by Stores and Delivery Drivers; but has control only over those Services provided directly by BrakaSoft HoPscan Platform.
Content: all types of information, whether graphic or written, images, audio and videos, including but not limited to locations, ads, news, data, scripts, graphics, drawings or images, texts, designs, schemes, maps and interactive characteristics presented by BrakaSoft HoPscan Platform (and any software and subjacent programming codes), programs or computational algorithms (in any format), programming modules, operational guidelines, or any content created, provided for or in any way generated and managed by BrakaSoft HoPscan Platform, the Users or third parties.
BrakaSoft HoPscan Platform or our: BrakaSoft HoPscan Platform Consulting Inc., its affiliates, directors, subsidiaries, licensors, shareholders, officers and directors.
BrakaSoft HoPscan Platform Credit(s): a score equivalent to $1 in the local currency, exclusively belonging to the User, and which has been given in order to be used as a discount voucher to be applied to the total final sum in the Shopping Order done though BrakaSoft HoPscan Platform.
Delivery Drivers: contractors independent of BrakaSoft HoPscan Platform, who are linked to or integrated on the Platform and who deliver the Products in a Shopping Order.
Device: mobile telephones and smartphones, tablets, computers and any other electronic devices through which a User may access the Platform.
Platform: website, mobile apps, and the platform operated by BrakaSoft HoPscan Platform, which Users use in order to access the Services offered/provided by BrakaSoft HoPscan Platform and any Third Party Providers.
Product(s): grocery and pharmacy items, including without limitation food stuffs, personal care products, over-the-counter health products.
Profile: the personal account created by each User that certifies the User’s registration on the Platform, with personal information provided by the User to BrakaSoft HoPscan Platform, including but not limited to first name, last name, date of birth, address, telephone number, username, email address and password.
Services: all those services offered to Users through the Platform, whether by BrakaSoft HoPscan Platform, Stores, Delivery Drivers or Third Party Providers.
Delivery Driver: contractors independent of BrakaSoft HoPscan Platform, who are linked to or integrated on the Platform and who attend at the Stores to pick and deliver the Products in a Shopping Order.
Shopping Order: a User’s order for the purchase of selected or substituted Products.
Store(s): those retail businesses whose Products are offered through the Platform for purchase in a Shopping Order.
Terms and Conditions or Agreement: these Terms and Conditions for BrakaSoft HoPscan Platform, as amended from time to time.
Third Party Providers: third parties unrelated to BrakaSoft HoPscan Platform that are linked to or integrated on the Platform and/or provide Services.
User(s), you, your: every person, natural or legal, or any representative of that person, who uses or is registered on the Platform for the purchase of Products posted on the Platform.
User Material: all types of photographs, videos, comments, messages or other content generated by Users, which has been uploaded to and shared on the Platform.
You understand that use of the Platform or the Services will result in charges to you for the Services or Products you receive through BrakaSoft HoPscan Platform, a Store and/or a Delivery Driver (“Charges”). BrakaSoft HoPscan Platform will facilitate your payment of the applicable Charges on behalf of the Store or Delivery Drivers a payment service corollary to the principal Services provided. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Store or Delivery Driver. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by BrakaSoft HoPscan Platform or by the applicable legislation.
All Charges are due immediately and payment will be facilitated by BrakaSoft HoPscan Platform using a payment method made available at BrakaSoft HoPscan Platform HoPscan discretion, after which BrakaSoft HoPscan Platform HoPscan will send you a receipt by email. If your primary payment card or other payment method is found to be expired, invalid or otherwise not able to be charged, you agree that BrakaSoft HoPscan Platform may, as the Store’s or Delivery Driver’s as payment service provider, use another available payment card or method in your Profile, if applicable.
As between you and BrakaSoft HoPscan Platform, BrakaSoft HoPscan Platform reserves the right to establish, remove and/or revise Charges for any or all Services or Products obtained through the use of the Platform or Services at any time in BrakaSoft HoPscan Platform sole discretion, but in all cases in accordance with the applicable legislation. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand or vary for each retail/grocery store available on BrakaSoft HoPscan Platform. BrakaSoft HoPscan Platform will inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Profile regardless of your awareness of the amounts of such Charges. You may cancel your request for Services or Products at any time prior to payment for Products in a Shopping Order, in which case you may not be charged any fee. You may also cancel your request for Services or Products at any time until your order is still in processing status, in which case you will be charged a cancellation fee, unless prohibited by the applicable legislation.
This payment structure is intended to fully compensate BrakaSoft HoPscan Platform, the Store and Delivery Driver for the Services and Products provided.
BrakaSoft HoPscan Platform does not designate any portion of the Charges as a tip or gratuity to a Delivery Driver. You understand and agree that, while you are free to provide an additional payment as a gratuity to a Delivery Driver in connection with fulfilling a Shopping Order (“Gratuity”), whether through the Platform or in cash, you are under no obligation to do so. Gratuities are voluntary. In connection with any Shopping Order, the Gratuity amount may be set to a default percentage greater than 0%. You can edit the Gratuity amount prior to completing the Shopping Order on the Platform or up to one hour after your Shopping Order is delivered.
- HoPscan Liability Release
HoPscan will bear no responsibility at all for the acts or omissions of Stores or Delivery Drivers, or of any Stores or Third Party Providers, all of whom shall bear full responsibility for Services or other services they provide to Users.
HoPscan will not be liable for any complaint, injury or damage that may arise due to the acts or omissions of any Store, Delivery Driver, Delivery Driver or Third Party Provider, except the stated conditions set out in the previous paragraph. If a dispute arises with a Store, Delivery Driver or Third Party Provider, such dispute shall be between the User and such Store, Delivery Driver, Delivery Driver and/or Third Party Provider.
THE USER HEREBY RELEASES BRAKASOFT HOPSCAN PLATFORM, ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, OF ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL COMPLAINTS, ACTIONS, PROCEEDINGS, COSTS, CLAIMS, DAMAGES, DEMANDS, AND EXPENSES INCLUDING BUT NOT LIMITED TO, LAWYER’S FEES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, THAT MAY ARISE AS A CONSEQUENCE OF A DISPUTE BETWEEN A USER AND A STORE, DELIVERY DRIVER OR THIRD PARTY PROVIDER.
The User acknowledges and understands that BrakaSoft HoPscan Platform is no more than the mere facilitator, through providing use of the Platform, of the interaction between the User and Store, Deliverer and Third Party Provider; and the User understands in no case is the User purchasing Products from BrakaSoft HoPscan Platform Platform, and that, should damages or infringement to User rights occur, such damages or infringement shall be a matter directly between the User and the Store, Delivery Driver or Third Party Provider, and BrakaSoft HoPscan Platform HoPscan shall not be involved or affected thereby in any way.
Note: There may be limited situations where services of a Delivery Driver are provided by an employee of BrakaSoft HoPscan Platform HoPscan. In those circumstances HoPscan will be responsible to the extent imposed by applicable law. However, as these situations are rare, Users should not rely upon such a possibility.
- Specific rules about purchases of alcohol, tobacco, cannabis and vapour products or over-the-counter medications
The sale and other distribution of alcohol, tobacco (including cigarettes), cannabis (including cannabis-related products) and vapor products, as well as over-the-counter medications, are or may be subject to restriction under applicable law.
Only Eligible Individuals may purchase alcohol products (“Alcohol Products“) in a Shopping Order and accept delivery of an Alcohol Product. An “Eligible Individual” is an individual that is of legal drinking age, as defined in the applicable jurisdiction.
Alcohol Products can only be delivered to a residence or a private place. It is your responsibility to ensure that an Eligible Individual is present to receive delivery of the Alcohol Product. At the time of delivery, the Eligible Individual receiving the Alcohol Product must show the Delivery Driver a Valid ID in order to allow the Delivery Driver to verify the Eligible Individual’s age, and the Delivery Driver will also confirm whether or not the Eligible Individual appears intoxicated. A “Valid ID is an acceptable form of identification that is current, government-issued and includes a photo of the Eligible Individual and the birth date.
The Delivery Driver will not deliver the Alcohol Product if the recipient of the Alcohol Product is not an Eligible Individual, does not provide a Valid ID and/or appears intoxicated. Once the Alcohol Product is delivered, it is the responsibility of the Eligible Individual not to share the Alcohol Product with any individual that is under the legal drinking age.
You acknowledge and agree that delivery of an Alcohol Product may be refused at any time and for any reason whatsoever, including, but not limited to, if:
- The Delivery Driver is not satisfied that the individual receiving the Alcohol Product at the delivery address is an Eligible Individual;
- The Delivery Driver determines, in his or her sole discretion, that the Eligible Individual appears intoxicated;
- The Delivery Driver suspects that the Alcohol Product was purchased for, or will be consumed by, individual under the legal drinking age; or
- The Deliverer is not satisfied that the delivery can be made in compliance with applicable laws and these Terms.
If there is no Eligible Person present to receive the Alcohol Product, if the Eligible Person fails to provide a Valid ID or appears intoxicated or if delivery is refused for any of the reasons set forth above, or for any other reason whatsoever, the Deliverer will not deliver the Alcohol Product and BrakaSoft HoPscan Platform will provide you with Credits equal to the amount you paid for such Alcohol Product, less the delivery fee and the service fee charged for such Shopping Order. In addition, a delivery failure fee may be charged to you. In the event of a failed delivery of an Alcohol Product, neither BrakaSoft HoPscan Platform, its employees, agents or representatives, nor the Delivery Driver shall have any responsibility or liability for such Shopping Order or the delivery failure.
In accordance with applicable law and regulations, and due to operational considerations of the Platform, Delivery of Alcohol Products can only be made on certain dates and at certain times. If for any reason your Shopping Order that contains an Alcohol Product cannot be delivered within those timeframes, your Shopping Order will be rescheduled for the next available and permitted date and time, and you will have the opportunity to accept or cancel the Shopping Order.
Pursuant to applicable law and regulations, Shopping Orders that contain Alcohol Products are not eligible for promotional credits or free delivery. In addition, for Shopping Orders that contain an Alcohol Product, certain restrictions may apply to promotions that would otherwise be applied directly to the total of such Shopping Order.
Tobacco, Cannabis and Vapour Products
The Platform does not currently support the sale or delivery of tobacco (including cigarettes), cannabis (including cannabis-related products) or vapour products.
If you place any Shopping Order that includes any product that is an over-the-counter drug or other medical product, you acknowledge that your ordering and use of such product is entirely at your own risk. You acknowledge and agree that BrakaSoft HoPscan Platform does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician-patient relationship exists between BrakaSoft HoPscan Platform 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.
BRAKASOFT HOPSCAN PLATFORM MAKES NO REPRESENTATIONS REGARDING ANY HEALTH BENEFITS, RISKS OR HEALTH INFORMATION RELATING TO ANY OVER-THE-COUNTER DRUG OR OTHER MEDICAL PRODUCTS, AND BRAKASOFT HOPSCAN PLATFORM, 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.
- Use of Content
Unless otherwise stated, all rights over the Content belong to BrakaSoft HoPscan Platform. Users are authorized to use the Platform and download the material contained in it solely for their personal use. The User is hereby granted a personal, revocable, limited, non-exclusive, non-sub licensable, and non-transferable license to use the Content conditioned on your continued compliance with the Terms and Conditions, all other requirements for the Platform and Services, and all applicable laws and regulations.
Any copy, reproduction, publication, download for non-personal use, coding, modification, translation, interpretation, exhibition, distribution, transmission or media distribution, of the Content without BrakaSoft HoPscan Platform HoPscan’s previous, explicit and written authorization is expressly prohibited. Copyrights and all other rights relating to the Content belong to BrakaSoft HoPscan Platform, and BrakaSoft HoPscan Platform expressly reserves all of its rights to exercise all actions, both civil and criminal, to safeguard its legitimate rights over its intellectual and industrial property in the Content, Platform and Services.
Occasionally there may be Content or other information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to Product prices, descriptions or availability, and BraaSoft Credits. Unless prohibited by the applicable legislation, BrakaSoft HoPscan Platform reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse to cancel Shopping Orders if any information on the Platform is inaccurate at any time, without prior notice (including after you have submitted your Shopping Order and provided payment). Please note that prices of Products on the Platform may be different than prices offered for the same Products in-store by the same retailer.
BRAKASOFT HOPSCAN PLATFORM ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE PLATFORM. THE CONTENT ON THE PLATFORM MAY BE CHANGED WITHOUT NOTICE TO YOU. BRAKASOFT HOPSCAN PLATFORM IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. BRAKASOFT HOPSCAN PLATFORM DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
- User Material
Should the Platform permit the publication or uploading of User Material by Users, such User Material will be deemed, at all times, to be non-confidential. By publishing or uploading User Material to the Platform or otherwise for the Services, the User grants BrakaSoft HoPscan Platform a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable right to use, reproduce, distribute, modify, show and transfer User Material for BrakaSoft HoPscan Platform’s promotion, support and any other purposes of BrakaSoft HoPscan Platform Platform or permitted Third Party Providers. BrakaSoft HoPscan Platform HoPscan grants every User with a personal, revocable, limited, non-exclusive, non-sub-licensable, and non-transferable license to access their User Material through the Platform, and to publicly show and represent such User Material in accordance with the Terms and Conditions.
The User represents and warrants that: (i) the User is the owner of the User Material or – the User has the authorization of the owner of the User Material for the publishing and uploading of the User Material to the Platform or otherwise for the Services; (ii) the User Material is not illicit, obscene, defamatory, offensive, pornographic, odious, racist or inadequate in any way; (iii) the User Material will not damage the reputation of BrakaSoft HoPscan Platform or any third party; and that (iv) the User has all rights and authorities to provide the User Material and these representations and warranties to BrakaSoft HoPscan Platform HoPscan, and in doing so the User is acting in accordance with all applicable laws. BrakaSoft HoPscan Platform reserves the right to refuse to make any User Material accessible via the Platform or any Services, and to remove any User Material from the Platform, in BrakaSoft HoPscan Platform’s sole discretion and without any previous warning, liability or responsibility to the User or any other person.
BrakaSoft HoPscan Platform does not support or endorse any kind of User Material, including but not limited to any recommendation or advice, and the User releases BrakaSoft HoPscan Platform from any and all liability and responsibility relating in any way to User Material generated by any User. The User understands and accepts that User Material can contain inaccurate, harmful or offensive information, and the User agrees that it will at no time lodge any complaint or file any legal claim of any nature against BrakaSoft HoPscan Platform HoPscan in relation to any User Material.
BrakaSoft HoPscan Platform may provide links, in its sole discretion, to other Internet sites or networks of Third Party Providers, or provide Third Party Provider content, on the Platform or its Services. Such content is owned by Third Party Providers, and such links are to other sites or networks that are maintained by Third Party Providers over which BrakaSoft HoPscan Platform exercises no control and for which BrakaSoft HoPscan Platform bears no liability or responsibility. These Terms and Conditionsare not applicable to any third party links, websites or networks, as those are governed by the policies of the third party, and we suggest that you review the applicable policies before engaging in use of any third party link, website or network. Your correspondence or any other dealings with third parties are solely between you and the third parties.
- User Account
Each person may only create one Profile and the person who creates a User Profile is the only authorized person to access the Platform by means of said User Profile. The User is responsible for maintaining the confidentiality of any password or account number provided by the User or BrakaSoft HoPscan Platform in order to access the Platform. Every User is the sole responsible party for all the activities executed under their Profile or password. BrakaSoft HoPscan Platform has no control over the use of the User’s Profile and therefore disclaims all responsibility and liability relating to such use. If the User suspects a third party might be accessing the Platform through their User Profile or using their password, the User shall immediately notify BrakaSoft HoPscan Platform in writing by sending an email to firstname.lastname@example.org. By providing your telephone number you are granting express consent for BrakaSoft HoPscan Platform to make use of said number in order to make calls and send text messages for the corresponding provision of the Platform and Services.
BrakaSoft HoPscan Platform may suspend and/or delete any User Profile that is not created in accordance with these Terms and Conditions, including by providing false information, or by creating more than one Profile for one person.
The User acknowledges and agrees that a Store or Delivery Driver may contact the User in relation to a Shopping Order, or the provision of Services relating to a Shopping Order, through any contact information provided in the User’s Profile, or through contact information the User provides directly to the Delivery Driver or Deliverer, or with a Shopping Order. BrakaSoft HoPscan Platform does not bear any responsibility or liability for any such contact between the User and any Store and/or Delivery driver. By agreeing to these Terms and conditions, a Store accepts email address, phone number and store address included in the Store profile will be displayed to the HoPscan public Platform to be contacted for any Product or service you provide on the Platform.
Should any Product in a Shopping Order not be available when a Store is filling a Shopping Order, the Store has the discretion to either contact the User to obtain instructions for a substitution for the unavailable Product, or Product to be included in the Shopping Order.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LIABILITY, SO THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE PLATFORM AND THE SERVICES PROVIDED BY BRAKASOFT HOPSCAN PLATFORM IS AT THE USER’S OWN RISK. BRAKASOFT HOPSCAN PLATFORM HOPSCAN DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL OPERATE ERROR-FREE, ON AN UNINTERRUPTED BASIS, OR THAT IT IS FREE FROM VIRUSES, MALWARE OR OTHER MALFUNCTIONING OR DANGEROUS PRODUCTS. THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND BRAKASOFT HOPSCAN PLATFORM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-VIOLATION OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OF THE PLATFORM OR SERVICES. MOREOVER, BRAKASOFT HOPSCAN PLATFORM HOPSCAN DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY STORE, DELIVERY DRIVER, USER OR THIRD-PARTY PROVIDED CONTENT, MATERIALS, LINKS, WEBSITES, NETWORKS, PROGRAMS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE PLATFORM OR SERVICES, AND YOU AGREE THAT BRAKASOFT HOPSCAN PLATFORM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS BETWEEN YOU AND A STORE, DELIVERY DRIVER OR THIRD PARTY.
BRAKASOFT HOPSCAN PLATFORM DOES NOT OFFER ANY KIND OF REPRESENTATION OR WARRANTY RELATED TO THE EXACTITUDE, RELIABILITY, EXHAUSTIVENESS, VALIDITY OR TOTALITY OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXTS, GRAPHICS OR LINKS AVAILABLE THROUGH THE PLATFORM, OR TO THE CONTENT OF ANY WEBSITE LINKED TO THE PLATFORM, OR ANY OF THE STORES. BRAKASOFT HOPSCAN PLATFORM ASSUMES NO RESPONSIBILITY DERIVED FROM: (I) MISTAKES OR IMPRECISIONS IN THE CONTENT; (II) PERSONAL INJURIES OR DAMAGES TO PROPERTY, OF ANY KIND, AS A RESULT OF THE ACCESS AND USE OF THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS FOR BRAKASOFT HOPSCAN PLATFORM AND/OR ANY TYPE OF PERSONAL AND/OR FINANCIAL INFORMATION STORED IN THEM; OR (IV) A STORE’S DENIAL TO GIVE OUT THE PURCHASED PRODUCTS.
THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE PLATFORM OR ON THE INTERNET, OR SUBMISSIONS TO THE PLATFORM OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE PLATFORM AND THE CONTENT IS AT YOUR OWN RISK AND BRAKASOFT HOPSCAN PLATFORM AND SUPPLIERS ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE PLATFORM, OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION OR PERSONAL INFORMATION, OR ANY MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE BY THIRD PARTIES THEREOF.
If the use of the Platform results in the need to get technical assistance or the replacement of a device or data, BRAKASOFT HOPSCAN PLATFORM will not be responsible for such costs.
- License to Use
BRAKASOFT HOPSCAN PLATFORM owns all intellectual property rights in the Platform and Services. You are granted a personal, revocable, limited, non-exclusive, non-sub licensable, and non-transferable license to use the Platform and Services conditioned on your continued compliance with the terms and conditions of these Terms and Conditions, all other BRAKASOFT HOPSCAN PLATFORM requirements for the Platform and Services, and all applicable laws and regulations. Neither these Terms and Conditionsnor your use of the Platform or Services convey or grant to you any rights: (i) in or related to the Platform or Services except for the limited licenses expressly granted herein; or (ii) to use or reference in any manner BRAKASOFT HOPSCAN PLATFORM’s company names, logos, product and service names, trademarks or services marks or those of Third Party Providers or any of BRAKASOFT HOPSCAN PLATFORM’s licensors.
You agree not to do any of the following: use the Platform or Services in any manner that could disable, overburden, damage or impair the Platform or interfere with any other party’s use of the Platform or Services including their ability to engage in real time activities through the Platform; use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Platform for any purpose including monitoring or copying any of the material on the Platform; attempt to gain unauthorized access to, interfere with, attack, damage or disrupt any parts of the Platform, web/Internet or the server on which the Platform is hosted; attempt to interfere with the proper working of the Platform, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Platform; use the Platform or Service to fraudulently misrepresent yourself, impersonate another person, engage in false advertising, defraud or defame any person, engage or participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or collect any personally identifiable information from any user of the Platform or Services without that person’s knowledge and consent; create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means, be they physical, electronic or otherwise; or use the Platform or Services in any manner that promotes and/or enables illegal or unlawful activities;
Such unauthorized use is a material breach of these Terms and Conditions, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
- Notifications and Complaints
- Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LIMITATION OF LIABILITY, SO THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
BRAKASOFT HOPSCAN PLATFORMSHALL NOT BE RESPONSIBLE FOR OR BEAR ANY LIABILITY FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND BRAKASOFT HOPSCAN PLATFORM’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRAKASOFT HOPSCAN PLATFORM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OF THE PLATFORM OR SERVICES OR FOR ANY INFORMATION, WEBSITE, NETWORK, PRODUCT, CONTENT, SERVICES OR MATERIALS AVAILABLE THROUGH THE PLATFORM OR SERVICES; ANY CLAIM BRAKASOFT HOPSCAN PLATFORMEXPRESSLY DISCLAIMS RESPONSIBILITY FOR IN THIS AGREEMENT; ANY DIRECT OR INDIRECT DAMAGE, LOSS OF PROFIT, EMERGING DAMAGE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, RESULTING FROM: (I) THE USE OF THE PLATFORM; (II) THE RESPONSIBILITY OF ANY STORE, DELIVERY DRIVER OR DELIVERER THAT DOES NOT OFFER THEIR SERVICES UNDER BRAKASOFT HOPSCAN PLATFORM’S SUBORDINATION-DEPENDENCY AGREEMENT; (III) THE PERFORMANCE OF OR BROWSING IN THE PLATFORM AND/OR LINK THEREIN TO OTHER SITES, EVEN IF BRAKASOFT HOPSCAN PLATFORMHAS BEEN INFORMED OF THE POTENTIAL FOR DAMAGES; (IV) THE QUALITY AND QUANTITY OF THE PRODUCTS DELIVERED TO THE USER; (V) THE SAFETY OF THE PURCHASED PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY FOOD SAFETY RELATED ISSUES; OR (VI) INCORRECT, INCOMPLETE OR ERRONEOUS INFORMATION ABOUT THE PRODUCTS; OR FOR ANY DAMAGES DERIVED FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, LOSS OF PROFIT, EMERGENT DAMAGE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION IS JUSTIFIED OR NOT; WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BRAKASOFT HOPSCAN PLATFORMHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF BRAKASOFT HOPSCAN PLATFORMFOR ANY REASON RELATED TO USE OF THE PLATFORM OR SERVICES, OR ANY OTHER REASON AT ALL, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE PLATFORM OR SERVICES (DURING THE TWELVE (12) MONTHS PRIOR TO ANY EVENT ON WHICH A CLAIM IS BASED).
You agree at all times to indemnify, defend and hold harmless BrakaSoft HoPscan Platform, its agents, suppliers, Third Party Providers and other third parties engaged by or otherwise assisting BrakaSoft HoPscan Platform, and their respective parent companies, directors and employees against all actions, proceedings, costs, claims, damages, fines, sanctions, demands, liabilities and expenses (including legal and other fees and disbursements) sustained, incurred or paid by BrakaSoft HoPscan Platform directly or indirectly in respect of: (i) any information, Profile, User Materials, or any other content you provide on or through the Platform or Services or which is sent to BrakaSoft HoPscan Platform by email or other correspondence, or any activities you engage in through the Platform or Services as a member or in any other capacity; (ii) any third party claims, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Profile, User Materials, or any other content you provide on or through the Platform or Services, or any activity or omission relating to the Platform or Services by you; (iii) your use or misuse of the Platform or Services; (iv) your unauthorized use of the Platform; or (v) any infringement of these Terms and Conditions or any applicable law, including without limitation, the violation of any law, ordinance, administrative order, rule or regulation.
BrakaSoft HoPscan Platform will have the right to assume the defense against any claim, appeal or procedure.
BrakaSoft HoPscan Platform may modify or interrupt the Platform, or may modify, suspend or interrupt its access or support, due to any reason, at its sole discretion, with or without notice, and with no responsibility towards any Users or third party. Upon a User’s loss of the right to use the Platform or Services, the Terms and Conditions will be applicable or executable against such User.
The User may terminate these Terms and Conditions at any time by stopping use of the Platform or closing the User’s Profile. These Terms and Conditions will be terminated upon ninety (90) days of non-use by a User of the Platform and/or the Services, or upon any illicit or abusive activity by a User. Upon such a termination: all terms that survive termination shall remain applicable and in effect for User; and BrakaSoft HoPscan Platform may delete the User’s account, Profile and all other information provided by said User. The termination of the Agreement for such User, for any reason, will not cause BrakaSoft HoPscan Platform to owe any compensation to User other than as is expressly set out in these Terms and Conditions.
- Dispute Resolution-Arbitration
This dispute resolution provision is not applicable in the Province of Quebec.
Any difficulty or dispute that may arise between the User and BrakaSoft HoPscan Platform regarding the application, interpretation, duration, validity, or implementation of these Terms and Conditions will be submitted for arbitration and resolution before a sole arbitrator (the “Arbitrator”) selected in accordance with the Simplified Rules of the ADR Institute of Canada, Inc. The parties agree that the arbitration shall proceed under the Simplified Rules of the ADR Institute of Canada, Inc.
No appeal against the Arbitrator’s resolutions shall proceed, resigning both parties from making such appeals. The Arbitrator is especially empowered to resolve every issue related to these Terms and Conditions and the relationship between User and BrakaSoft HoPscan Platform.
- BrakaSoft HoPscan Platform credits, free deliveries, discounts and offers
BrakaSoft HoPscan Platform reserves the right to give free or reduced-cost Services, deliveries, discounts, coupons, or credits to Users (the “BrakaSoft HoPscan Platform Credits”) as part of its marketing campaigns. BrakaSoft HoPscan Platform credits are promotional codes that can only be obtained as part of a BrakaSoft HoPscan Platform promotion or marketing campaign which happens from time to time. BrakaSoft HoPscan Platform credits cannot be purchased. These BrakaSoft HoPscan Platform Credits may be directed to a User’s Profile, and may be applied to a User’s Shopping Order subsequent to the provision of the BrakaSoft HoPscan Platform Credits. Under no circumstance can any BrakaSoft HoPscan Platform Credits be transferred from one User to another, or be exchanged for cash or other monetary value.
BrakaSoft HoPscan Platform Credits cannot be obtained through the creation of multiple User Profiles. A User may only have one User Profile. BrakaSoft HoPscan Platform Credits accumulated in multiple BrakaSoft HoPscan Platform Profiles cannot be combined into one BrakaSoft HoPscan Platform Profile.
BrakaSoft HoPscan Platform Credits cannot be used to purchase alcoholic beverages.
In any given Shopping Order, BrakaSoft HoPscan Platform reserves the right to liquefy the total or any portion of the BrakaSoft HoPscan Platform Credits accumulated in the Profile by the User in order to pay for such Shopping Order or the delivery costs for such Shopping Order.
At the sole discretion of BrakaSoft HoPscan Platform, BrakaSoft HoPscan Platform Credits promotions can have a limited duration of time of availability or utility. BrakaSoft HoPscan Platform reserves the right to revoke any BrakaSoft HoPscan Platform Credits without any notification to Users. BrakaSoft HoPscan Platform may suspend or terminate BrakaSoft HoPscan Platform Credits accumulated in a Profile, the User’s capacity to participate in the accumulation of any BrakaSoft HoPscan Platform Credits, or any marketing campaign or other program granting BrakaSoft HoPscan Platform Credits, at any given time and for any reason at BrakaSoft HoPscan Platform’s sole discretion. Requirements and incentives relating to BrakaSoft HoPscan Platform Credits may be changed at any time by BrakaSoft HoPscan Platform at its sole discretion.
BrakaSoft HoPscan Platform Credits obtained as a result of illicit activities are null and void, with no effect. BrakaSoft HoPscan Platform reserves the right to suspend any Profile or eliminate any recommendation if BrakaSoft HoPscan Platform notices any activity that is illicit or abusive by any User or otherwise in relation to any BrakaSoft HoPscan Platform Credits.
BrakaSoft HoPscan Platform will send you, at least 30 days before the amendment comes into force, a notice setting out the new provision, or the amended provision and the provision as it read formerly, and the date of the coming into force of the amendment. You may refuse the amendment and terminate these Terms and Use without cost, penalty or cancellation indemnity by sending BrakaSoft HoPscan Platform a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in the BrakaSoft HoPscan Platform’s obligations.
The Agreement or your use of the Platform or Services does not create any contractual agency relationship, association, joint company, employer-employee, joint venture, partnership, affiliate, agency or franchisor-franchisee relationship between you and BrakaSoft HoPscan Platform.
- No Assignment
These Terms and Conditions are personal and cannot be delegated, assigned, transferred or sublicensed, except with BrakaSoft HoPscan Platform’s prior and written consent. BrakaSoft HoPscan Platform may assign, transfer, sublicense or delegate any of its rights and obligations in virtue of the present Terms and Conditions without the User’s consent.
Unless otherwise stated in this Terms and Conditions, all warnings and notifications will be considered duly delivered from the earlier of: the moment of their publication on the Platform, or the moment the User has been notified accordingly.
- Applicable Law and Severability
Where applicable, these Terms and Conditions have been made and will be construed and enforced solely in accordance with the laws.
Injunctive Relief. You acknowledge that any breach, whether threatened or actual, of these Terms and Conditions, including, without limitation, with respect to unauthorized use of BrakaSoft HoPscan Platform ‘s proprietary rights or assets, will cause irreparable injury to BrakaSoft HoPscan Platform , such injury would not be quantifiable in monetary damages, and BrakaSoft HoPscan Platform would not have an adequate remedy at law. You therefore agree that BrakaSoft HoPscan Platform shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that BrakaSoft HoPscan Platform post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to BrakaSoft HoPscan Platform to enforce any provision of these Terms and Conditions.
Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by BrakaSoft HoPscan Platform of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Exclusion: We expressly exclude the UN Convention on Contracts for the International Sale of Goods. You agree to waive any right you may have to a trial by jury. 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 BrakaSoft HoPscan Platform related to the Platform, the Services, the Content, the Products, the services or products of any Store, Delivery Driver or Third Party Provider or these Terms and Conditions and, where, applicable, you also agree to opt out of any class proceedings against BrakaSoft HoPscan Platform, its agents, or its licensors.