Terms And Condition

 

These terms and conditions ("Terms", "Agreement") are an agreement between Zoomz Inc ("Zoomz Inc", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the zoomz.ca website and any of its products or services (collectively, "Website" or "Services").

Accounts and membership

 

You must be at least 19 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 19 years of age. If you create an account on the Website, 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 use our Services. 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. 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.

Billing and payments

 

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 our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. 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.

Alcohol 

 

If you order alcohol in Canada, you agree that you are of legal age to purchase and consume alcohol in the province in which the alcohol is delivered. You also warrant that you are not ordering alcohol for persons below the legal age in the relevant jurisdiction. You acknowledge and agree to provide valid government-issued identification (Ontario photo card, driver’s licence, or other government document with your photo and date of birth) proving your age upon meeting your Courier delivering the alcohol products and that the recipient will not be intoxicated when receiving such products. The delivery provider reserves the right to refuse delivery if you are not of legal age, if you cannot provide government issued identification to match the name of the order, or if you are visibly intoxicated. In the event the Courier is unable to complete the delivery for one or more of the reasons stated above, you are subject to a non-refundable $20 restocking fee. In the event the customer is not available at the time of delivery, the courier will wait up to 5 minutes and attempt to contact the customer at the designated drop-off. In the event the customer is not available at the time of delivery, the courier will wait up to 5 minutes and attempt to contact the customer. Should the courier not be able to reach the customer during this time, we have the right to cancel the order and you will be subject to a non-refundable $20 restocking fee.

Zoomz inc. is fully licensed by AGCO, In order to comply with AGCO regulatory requirements, Zoomz has the right to cancel orders that; Zoomz deems is not a residential address and/or has been requested to be delivered a day other than when it was purchased and/or if the order is picked up from the vendor less than 1 hour before vendors store closure. Zoomz requires all customers to sign a receipt of delivery, any refusal may result in your order to be cancelled.

 

No vouchers/discounts will be applied to Zoomz orders containing alcohol.

 

Zoomz will accept one of the following as Required Documentation:

 

  • A driver’s licence issued by the province of Ontario with a photograph of the person to whom the licence was issued;

  • A passport;

  • A Canadian citizenship card with a photograph of the person to whom the card was issued;

  • A Canadian armed forces identification card with a photograph of the person to whom the card was issued;

  • A secure certificate of Indian status issued by the Government of Canada;

  • A photo-identification card issued by the Liquor Control Board of Ontario; and

  • A permanent resident card issued by the Government of Canada.

 

 

Payment Information.

All payment methods must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further obligation or liability to you. We reserve the right to change the payment methods that we accept at any time.

 

Prices and Fees.

Prices for products are subject to change, without notice. The liquor prices listed on our app/website may differ from the retail prices charged for such items by the applicable liquor stores. Our prices may be higher or lower than retail prices. Unless otherwise indicated, prices displayed on our app/website are quoted in Canadian dollars and include an administrative fee charged by us for administering the service. Prices displayed do not include applicable taxes or delivery charges. You are responsible for paying all fees and applicable taxes associated with products you order with a valid payment method. Items in your shopping cart will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time you purchase it. Tax charges are based on applicable federal, state, provincial and harmonized sales tax rates based on the delivery address associated with your order.

 

Limited Refunds.

Generally, all purchases are final. However, if you receive a product that you did not order, the product is spoiled, or if a product you ordered was not available at the store, we will, at our option, either provide you with a refund or a credit in the amount you paid for such product, provided that you notify us of the problem within 24 hours of receiving the delivery.

 

Product Descriptions and Availability.

All features, specifications, products and prices of products are subject to change at any time without notice. We have made every effort to display as accurately as possible the products that appear on the app/website, however we make no representation as to the completeness, accuracy, or currency of any information on the app/website. We reserve the right to make changes in information about price, description, or availability without notice.

 

Alcohol Prices.

Zoomz is unable to stock and store alcohol in the Ontario region. Because of this, we are limited to picking up alcohol at normal retail prices, rather than wholesale like most common businesses. To help with our business expenses, we add a 0% - 25% service fee to your cart total. This allows us to continue to develop our technology, and employ exemplary service representatives able to help you at a moment's notice.

 

Accuracy of information

 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to 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 Website or on any related Service 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 Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

 

Third party services

 

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 or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Zoomz Inc with respect to such other services. Zoomz Inc 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. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Zoomz Inc to disclose your data as necessary to facilitate the use or enablement of such other service.

 

Uptime guarantee

 

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

 

Links to other websites

 

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Zoomz Inc will receive an affiliate commission. 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 websites. 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 website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

 

Prohibited uses

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Intellectual property rights

 

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Zoomz Inc or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Zoomz Inc. All trademarks, service marks, graphics and logos used in connection with the Website or Services, are trademarks or registered trademarks of Zoomz Inc or Zoomz Inc licensors. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any Zoomz Inc or third party trademarks.

 

Disclaimer of warranty

 

You agree that such Service is provided on an "as is" and "as available" basis and that your use of our Website or Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Limitation of liability

 

To the fullest extent permitted by applicable law, in no event will Zoomz Inc, 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 Zoomz Inc 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 Zoomz Inc 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.

 

Indemnification

 

You agree to indemnify and hold Zoomz Inc and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

 

Dispute resolution

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal 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.

 

Assignment

 

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

Changes and amendments

 

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its 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 use or access the Website and its Services.

                                                       

Disclaimer

 

This disclaimer ("Disclaimer", "Agreement") is an agreement between Zoomz Inc ("Zoomz Inc", "us", "we" or "our") and you ("User", "you" or "your"). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the zoomz.ca website and any of its products or services (collectively, "Website" or "Services").

 

Representation

 

Any views or opinions represented on the Website reflect the views and opinions of Zoomz Inc, its affiliates, Content creators or employees. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

 

Content and postings

 

You may not modify, print or copy any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of Zoomz Inc is prohibited.

 

Compensation and sponsorship

 

Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Zoomz Inc will receive an affiliate commission.

 

Reviews and testimonials

 

Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily representative of all of those who will use our products or services. Zoomz Inc is not responsible for the opinions or comments posted on the Website, and does not necessarily share them. All opinions expressed are strictly the views of the poster or reviewer.

 

Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are posted for public viewing.

 

Indemnification and warranties

 

While we have made every attempt to ensure that the information contained on the Website is correct. Zoomz Inc is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information and Services on the Website are provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information or Services, and without warranty of any kind, express or implied. In no event will Zoomz Inc, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or Services, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide any type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.

 

We reserve the right to modify this Disclaimer relating to the Website, products or services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

 

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Website.

 

Disclaimer               

 

This disclaimer ("Disclaimer", "Agreement") is an agreement between Zoomz Inc ("Zoomz Inc", "us", "we" or "our") and you ("User", "you" or "your"). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the zoomz.ca website and any of its products or services (collectively, "Website" or "Services").

 

Representation

 

Any views or opinions represented on the Website reflect the views and opinions of Zoomz Inc, its affiliates, Content creators or employees. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

 

Content and postings

 

You may not modify, print or copy any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of Zoomz Inc is prohibited.

 

Compensation and sponsorship

Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Zoomz Inc will receive an affiliate commission.

 

Reviews and testimonials

 

Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily representative of all of those who will use our products or services. Zoomz Inc is not responsible for the opinions or comments posted on the Website, and does not necessarily share them. All opinions expressed are strictly the views of the poster or reviewer.

 

Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are posted for public viewing.

 

Indemnification and warranties

 

While we have made every attempt to ensure that the information contained on the Website is correct. Zoomz Inc is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information and Services on the Website are provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information or Services, and without warranty of any kind, express or implied. In no event will Zoomz Inc, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or Services, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide any type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.

 

We reserve the right to modify this Disclaimer relating to the Website, products or services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

 

Acceptance of this disclaimer

 

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Website.

                 

Cookie policy

                                

This cookie policy ("Policy") describes what cookies are and how Zoomz Inc ("Zoomz Inc", "we", "us" or "our") uses them on the zoomz.ca website and any of its products or services (collectively, "Website" or "Services").

 

You should read this Policy so you can understand what type of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.

 

What are cookies?

 

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie").

 

Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.

 

Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting our Website or using our Services.

 

Cookies may be set by the Website ("first-party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the website ("third party cookies"). These third parties can recognize you when you visit our website and also when you visit certain other websites.

 

What type of cookies do we use?

 

Necessary cookies

 

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

 

Functionality cookies

 

Functionality cookies let us operate the Website and our Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits.

 

Analytical cookies

 

These cookies enable us and third party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.

 

Social media cookies

 

Third party cookies from social media sites (such as Facebook, Twitter, etc) let us track social network users when they visit our Website, use our Services or share content, by using a tagging mechanism provided by those social networks.

 

These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks’ privacy policies. We will not collect or share any personally identifiable information from the user.

 

What are your cookie options?

 

If you don't like the idea of cookies or certain types of cookies, you can change your browser's settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this or to learn more about cookies, visit internetcookies.org

 

Please note, however, that if you delete cookies or do not accept them, you might not be able to use all of the features our Website and Services offer.

Changes and amendments

 

We reserve the right to modify this Policy relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.

 

Acceptance of this policy

 

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

 

Contacting us

 

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to our use of cookies, you may do so via the contact form or send an email to Info@zoomz.ca or via mail: 2967 Dundas st. W. Unit# 177 Toronto, Ontario M6P 1Z2

 

This document was last updated on Sep 24, 2020

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