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Terms of Services

Last Updated Date: September 14, 2020

Welcome to the Post Agents mobile application. Post Agents mobile application is owned and operated by Post Agents (the "Company"), a corporation organized and existing under the laws of Canada, with its registered office located at: Cambridge, ON N1T 1Z8, Canada, ("Post Agents"). Please read these Terms of Use (the “Terms”) and our Privacy Policy carefully because they govern your use of our website https://www.postagents.ca or https://postagents.ca (the “Website”) and our application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. To make these Terms easier to read, the Platform and our services are collectively called the “Services.” In these Terms, “us”, “we” and “our” refer to the Post Agents and references to “you” or “your” is to you, the end user of the App or Website.

Agreement to Terms

By using our Services, you agree to be bound by these Terms. By using the Site, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. All customers registering their accounts will be subjected to be regeristing for our affiliated/partnered stores, which are located on Post Agents website.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. If you disagree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Our Services:

  • All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Post Agents does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Post Agents may, however, offer support services to Merchants in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Merchants.
  • Post Agents does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Post Agents takes no responsibility for such offers.
  • Post Agents neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Post Agents accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • Post Agents is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Post Agents cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Post Agents is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  • Post Agents is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Post Agents hold any right, title or interest over the products nor shall Post Agents have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
  • Post Agents is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such issues, Post Agents shall notify the same to Merchant and shall also redirect the Buyer to the consumer care of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
  • Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Who May Use the Services?

Eligibility:
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Post Agents and are not barred from using the Services under applicable law. You may use the Services even if you are younger than 18 years, if your local laws allow you to form binding contracts.

Registration and Your Information

If you want to use certain features of the Services you will have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you fail to update such information, we may have to suspend or restrict your Account until you update the same. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

Fees

Post Agents may charge a fee to use extra features and services. Such fees can be a one-time payment to unlock certain extra features and services or it can be a recurring monthly fees to ensure continued access to extra features and services. Such fees may be changed from time to time without notice. Any change in fees will be displayed in the App or notified to you via email.

Bookings and Financial Terms

  • The Platform allows you to place orders with merchants and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.
  • Post Agents do not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
  • As a general rule, all orders placed on the Platform are treated as confirmed.
  • However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
  • In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Post Agents reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
  • All payments made against the purchases/services on the Platform by you shall be compulsorily in currency acceptable in Canada or the currency acceptable in the country from where you are accessing the Platform. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Post Agents is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Post Agents is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
  • You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.
  • You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
  • In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
  • The final tax bill will be issued by the Merchant to the Buyer along with the order and Post Agents is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Post Agents holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
  • The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).

  • The Merchant shall be solely responsible for any warrantee/guarantee of the products sold to the Buyers and in no event shall be the responsibility of Post Agents.
  • The transaction is bilateral between the Merchant and Buyer and therefore, Post Agents is not liable to charge or deposit any taxes applicable on such transaction.

Cancellations

  • As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Post Agents shall have a right to charge you cancellation fee, with a right to either not to refund the order value or recover from your subsequent order, the complete/deficit cancellation fee, as applicable, to compensate our merchants and delivery partners. In case of cancellations for the reasons attributable to Post Agents or its merchants and delivery partners, Post Agents shall not charge you any cancellation fee.
  • However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
  • We reserve the sole right to cancel your order in the following circumstance:

o   in the event of the designated address falls outside the delivery zone offered by us;

o   failure to contact you by phone or email at the time of confirming the order booking;

o   failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

o   unavailability of all the items ordered by you at the time of booking the order; or

o   unavailability of all the items ordered by you at the time of booking the order; or

Refunds

  • You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:

o   your order packaging has been tampered or damaged at the time of delivery;

o   us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or

o   you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

  • Our decision on refunds shall be at our sole discretion and shall be final and binding.
  • All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card.
  • In case of payment at the time of delivery, you will not be required to pay for:
      • orders where the packaging has been tampered or damaged by us;
      • wrong order being delivered; or
      • items missing from your order at the time of delivery.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at qali@postagents.ca. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services, including how you describe and label your itineraries. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Post Agents does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Post Agents and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Post Agents a non-exclusive, transferable, worldwide, license to use, copy, modify, and distribute your User Content in connection with operating and providing the Services to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Post Agents on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Post Agents

Subject to your compliance with these Terms, Post Agents grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

General Prohibitions and Post Agents’ Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services or any individual element within the Services, Post Agents’ name, any Post Agents trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Post Agents’ express written consent;
  • Access, tamper with, or use non-public areas of the Services, Post Agents’ computer systems, or the technical delivery systems of Post Agents’ providers;
  • Attempt to probe, scan or test the vulnerability of any Post Agents system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Post Agents or any of Post Agents’ providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Post Agents or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Post Agents trademark, logo URL or product name without Post Agents’ express written consent;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Copyright Policy

Post Agents respects copyright law and expects its users to do the same. It is Post Agents’ policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links to Third Party Websites or Resources

The Services contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

You can delete your Personally Identifiable Information (“PII” as defined in the Privacy Policy) and your Account by signing into your account and choosing to delete your account. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Content Ownership, Warranty Disclaimers, Limitations of Liability, and Dispute Resolution.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

You may find some actual conditions differ from the results and Content available via our Services. For example, you may find that the hours or location of a particular event or historical site are not exactly as listed on our Services. We do not guarantee that our Services and Content are 100% accurate nor can we consider every concern a buyer can have while ordering from a merchant. You should exercise your own independent judgment when using our Services. You are responsible at all times for your conduct and its consequences.

Indemnity

You will indemnify and hold harmless Post Agents and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER POST AGENTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POST AGENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL POST AGENTS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO POST AGENTS FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO POST AGENTS, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POST AGENTS AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of Canada without regard to its conflict of law provisions.

Agreement to Arbitrate

You and Post Agents agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration. The exclusive jurisdiction and venue of such arbitration shall be in the city of Cambridge, ON N1T 1Z8, CANADA.

Arbitration Rules

The arbitration will be administered by the Canadian Arbitration Association (“CAA”) in accordance with the Commercial Arbitration Rules for Consumer Related Disputes (the “Rules”) then in effect.

Contact Information

If you have any questions about these Terms or the Services, please contact Post Agents at: qali@postagents.ca