Terms and Conditions

By iQ Delivery inc. | April 17, 2022

User Terms & Conditions

Terms & Conditions

The terms and conditions (“Agreement”) constitute a legal contract between you, the consumer (“You,” “Your”), and IQ DELIVERY INC. (“IQ DELIVERY INC.,” “WE,” “US,” OR “OUR”). It is recommended you carefully read this agreement.

1.AGREEMENT ACCEPTANCE

IQ Delivery Inc. provides an online marketplace (“Platform”) in the form of a website, available at [insert online location link] to You, other consumers, stores, and independent delivery Contractors (“Delivery Personnel”). The Platform allows consumers to place orders for food and/or drink (“Products”) from various stores. Once an order is initiated, the Platform will alert the Delivery Personnel of the delivery opportunity and allow them to accept. IQ Delivery Inc. shall not be regarded as a store or delivery service.

1.A The IQ Delivery Inc.

Platform In the event you access:

I. The Platform located at https://iqdelivery.ca/

II. Install or use IQ Delivery Inc. ’s mobile application

III. Install or use any other software provided by IQ Delivery Inc., or access any information, function, or service available or supported by IQ Delivery Inc. (each, a “Service” and collectively, the “Services”)

IV. Complete the IQ Delivery Inc. account registration process

You and successors hereby fully represent and warrant that:

(a) You have read, understand, and consented wholly to be legally obliged to this Agreement;

(b) You have the authorization to venture into the Agreement personally and, if applicable, on behalf of any company on whose behalf you have created an account and to bind such organisation to the Agreement.

(c) You are of legal age (in the jurisdiction in which you reside) to form a binding contract with IQ Delivery Inc. (the “Minimum Age”).

The terms “Customer” and “Customers” refer to all individuals and organizational representatives (who make accounts on behalf of a company) who access, use, or enable Platform based Services. Unless otherwise noted in this Agreement, if you disagree with being bound by this Agreement, you may not access or use IQ Delivery Inc. ’s Services.

2. AMENDMENTS

IQ Delivery Inc. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Platform and any at all Services at any time, effective upon posting of an updated version of this Agreement on the Platform. The responsibility is on you to frequently review the availability of the Agreement and the Agreement itself. Any use of the Platform and/or Services by You after Agreement updates shall be categorically viewed as an acceptance of all the terms outlined in the Agreement.

3. INFORMATION DISCLOSURE

In the utilization of the Platform and/or Services, you are agreeing not only to be bound to this Agreement but to the collection, usage, and disclosure of your personal information in accordance with:

IQ Delivery Inc.’s Privacy Policy;

Personal Information Protection and Electronic Documents Act (PIPEDA); and

Canada’s Anti-Spam Legislation (CASL).

By reference, these are incorporated into the Agreement and constitute valid aspects of the whole Agreement.

4. PROHIBITIONS

By using the Platform and/or Our Services, you fully agree that:

You will not use the Platform and/or Services for any commercial intent, involving but not restricted to contacting, advertising to, soliciting or selling to, any Store, Customer or Delivery Personnel, unless IQ Delivery Inc. has otherwise allowed in writing.
You will not use the Platform or Services to transfer or collect any unlawful material or for deceptive or fraudulent reasons; and you will not participate in behavior that harms other Customers, IQ Delivery Inc. employees, Delivery Personnel, and/or our community.
You will not, under any circumstance, duplicate or disseminate any Platform or Services’ content displayed, including Store’s menu content, pictures, and reviews.
You will only use the Platform and/or Services in accord with all applicable laws, such as copyrights, trade secrets, intellectual property rights or applicable third-party rights such as privacy.
You will only access the Platform and/or Services using ways unequivocally permitted by IQ Delivery Inc.
You will not use another Customer’s account, engage in any degree of impersonation, forge or manipulate headers or identifiers to disguise the origin of any matter transferred through the Services.
You will not use the Platform and/or Services to cause any degree of nuisance or inconvenience.
The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
You will keep safe and private your account password or any identification credentials we provide you which allows access to the Platform and/or Services.
You will not directly or indirectly re-sell, license or transfer the Platform or Services and associated content to any third party.
You will not use the Platform and/or Services in a manner that could harm, restrict, overload, or impair any IQ Delivery Inc. server, and/or associated networks.
You will not attempt, in any way, to gain unauthorized access to the Platform and/or Services connected to any IQ Delivery Inc. server.
You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures IQ Delivery Inc. may use to prevent or restrict access to the Services or use of the Platform and/or Services or the content therein.
You will not deep link to the IQ Delivery Inc. website or access the IQ Delivery Inc. website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the IQ Delivery Inc. website or any content on the IQ Delivery Inc. website.
You will promptly inform us of any errors, bugs, or any breach of our intellectual property rights that you uncover in your use of the Platform and/or Services.
If applicable, you will not misuse our promotional or credit code procedure, involving by redeeming multiple coupons simultaneously or by opening several accounts to profit from offers available only to first time users.

5. INDEPENDENT CONTRACTORS: DELIVERY PERSONNEL AND STORES

You fully understand and agree to the following that:

IQ Delivery Inc. offers a technology Platform connecting you and other customers with independent stores and independent third parties who provide delivery services, Delivery Personnel (collectively regarded as “Contractors”).
IQ Delivery Inc. does not in any way participate in the preparation or delivery of Products and has no responsibility or liability for the acts or omissions of any Contractors.
IQ Delivery Inc. is not the retailer of any products offered by stores who use the Platform and/or Services.
IQ Delivery Inc. will not evaluate or guarantee the suitability, legality, or ability of any Contractors.
IQ Delivery Inc. is not obligated to verify the stores’ compliance with applicable laws or regulations.
The Products that you purchase will be prepared by the store you have selected, that title to the Products passes from the store to you at the store’s location, and that the Delivery Personnel will be directed by your instructions to transport the Products to your designated delivery location.
Neither the Contractor nor IQ Delivery Inc. holds title to or acquires any ownership interest in any Products that you order through the Platform and/or Services.

6. PRODUCT ALLERGEN

IQ Delivery Inc. understands that you may be affected by varying allergens which could be found in the Products supplied by the Stores.
You understand and fully agree that the Restaurants / Stores may use different ingredients and as such, it is solely your responsibility to alert the selected Restaurant / Store to your dietary considerations. This can be done by writing your allergen specifications in the “Notes” section on the Product checkout page.
You also understand and agree that IQ Delivery Inc. does not make any guarantees about allergen free Products and assumes no liability or responsibility if a Restaurant / Store does not comply accordingly with your allergen specifications.

7. PRODUCT DELIVERY OPTION

You understand that your Product will be delivered (“Delivery Order”) or picked up by you at the Store (“Pickup Order”).
The time of readiness for Pickup Orders and times for the arrival of Delivery Orders, are solely estimates and you understand that there might be delays.
Delays might be the result of ingredients not being readily available, adverse weather conditions or traffic circumstances.
You agree that you will not hold IQ Delivery Inc. liable or responsible for any delays or inconvenience caused.
You can track the delivery of your product via the Platform.

8. CUSTOMER CONFIDENTIALITY

You shall provide truthful, present, and full information during registration and at all other times when you may use the Platform and/or Services, and to update the information when changes arise.
You agree that you are the sole authorized user of any account you create through the Platform and are responsible for all activities that transpire under your account.
You agree that you shall monitor your account to avoid use by minors.
You are not permitted to authorize or transfer account privileges to anyone or company. Should you suspect that any unauthorized party may be using your password or account, you will notify IQ Delivery Inc. immediately. IQ Delivery Inc. will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by IQ Delivery Inc. or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use.
If you provide any information that is false, incorrect, not current, or inadequate, or IQ Delivery Inc. has reasonable grounds to suspect that such information is false, incorrect, not current, or inadequate, IQ Delivery Inc. has the right to suspend or terminate your account and refuse all current or future use of the Platform and/or Services (or any portion thereof).
You agree not to create an account or use the Platform and/or Services if you have been previously removed by IQ Delivery Inc., or if you have been previously prohibited from use of the Services.

9. CUSTOMER CONTENT

(a) Customer Information.

IQ Delivery Inc. may provide you with interactive opportunities through the Platform and/or Services, involving, by way of example, the ability to post ratings and reviews.
You represent and warrant that you are the owner of, or otherwise have the right to provide, all information that you submit/post. You hereby grant IQ Delivery Inc. a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the information in connection with IQ Delivery Inc. ’s business and in all manners without further notification to and/or approval by you.
You further grant IQ Delivery Inc. a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute information to you, without notification or approval by you.
The license granted to IQ Delivery Inc. herein shall survive termination of the Services or your account. IQ Delivery Inc. reserves the right in its sole discretion to remove or disable access to any Customer information from the Platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any content that infringes this Agreement, or we consider to be objectionable for any reason.
You agree that IQ Delivery Inc. may monitor and/or delete your Customer information (but does not assume the obligation) for any reason in IQ Delivery Inc.’s sole discretion.
IQ Delivery Inc. may also access, read, preserve, and disclose any information as IQ Delivery Inc. reasonably believes is necessary to

(i) satisfy any applicable law, regulation, legal process, or governmental request,

(ii) enforce this Agreement, including investigation of potential violations hereof,

(iii) detect, prevent, or otherwise address fraud, security, or technical issues,

(iv) respond to User support requests, or

(v) protect the rights, property or safety of IQ Delivery Inc., its users and the public.

(b) Feedback.

You understand and agree that any submission of any thoughts or suggestions to IQ Delivery Inc. through our feedback mechanism as defined at that time, is at your own risk and that IQ Delivery Inc. has no obligations regarding such feedback.
You represent and warrant that you have all rights necessary to offer the feedback and you hereby grant to IQ Delivery Inc. a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such feedback.

If you rate and post reviews of Stores (“Ratings” and “Reviews”), such Ratings and Reviews are considered Customer information and are governed by this Agreement.
You understand that Ratings and Reviews are not endorsed by IQ Delivery Inc. and do not represent the views of IQ Delivery Inc. or its affiliates.
IQ Delivery Inc. shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews.
You fully agree that: (i) you will base any Rating or Review on first-hand experience with the store; (ii) you will not provide a Rating or Review for any store for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may eliminate such Customer information without notice.

10. COMMUNICATIONS WITH IQ DELIVERY INC.

By creating an IQ Delivery Inc. account, you electronically agree to accept and receive communications from IQ Delivery Inc., Contractors, or third parties providing services to IQ Delivery Inc. including via email, text message, calls, automated telephone calls, and push notifications to the cellular telephone number you provided to IQ Delivery Inc. Message and data rates may apply.
If you desire to not get promotional text messages or other communications, you may change your notification preferences by accessing the settings in your account. You may also opt-out of receiving text messages from IQ Delivery Inc. by replying “STOP” from the mobile device receiving the messages.

11. E-SIGN DISCLOSURE

By creating an IQ Delivery Inc. account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing IQ Delivery Inc. at [email protected] with “Cancel Electronic Consent” in the subject line.
To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. A free copy can also be obtained by emailing [email protected] .

12. INTELLECTUAL PROPERTY OWNERSHIP

IQ Delivery Inc. alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Platform and the Services. This Agreement does not express to you any rights of ownership in or related to the Platform or the Services, or any intellectual property rights owned by IQ Delivery Inc., IQ Delivery Inc. name, IQ Delivery Inc. logo, and the product names associated with the Platform and Services are trademarks of IQ Delivery Inc. or third parties, and no right or licence is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or the Services.

13. PAYMENT TERMS

(a) Prices

You understand and fully agree that:

i. The prices for menu items displayed through the Platform may differ from the prices offered or published by store websites or other third parties and the prices may not be the lowest.

ii. IQ Delivery Inc. is not obliged to itemize costs, profits or margins when advertising such prices; and

iii. IQ Delivery Inc. reserves the right to change such prices at any time, at its discretion. You are liable for all applicable transaction taxes (including HST/GST) and are aware that prices displayed on the Platform might NOT include HST/GST or other charges until checkout. Furthermore, you understand that prices, despite the best efforts of IQ Delivery Inc., may not be correct and can be corrected at any time. Payment will be processed by IQ Delivery Inc., using the preferred payment method designated in your account. For any questions or concerns, please contact [email protected] .

(b) Refunds

Fees paid by you for delivered orders are generally final and non-refundable unless indicated otherwise in this Agreement. IQ Delivery Inc. has no obligation to provide refunds or credits, but may grant them, at our sole discretion.
A customer may request a refund in the event the Product was not delivered (no fault of the customer), items are missing from the delivery, or the Product is delivered unreasonably late.
You can request a refund by contacting [email protected] with a copy of your itemized receipt, a brief description of what transpired and contact details, all within 24 hours of delivery.
Refunds may total the sales price of the Product, taxes (HST/GST), Delivery Fees and any other fees paid at check out. You understand that IQ Delivery Inc., based on the merits of the situation, may refund you fully or partially in accordance with our sole discretion.
IQ Delivery reserves the unfettered right to evaluate cases on their own individual merits and the decision provided is final or can only be challenged in accordance with Section 14.
Undeliverable Products due to: The customer not being of the Minimum Age, intoxicated, not being reachable within 10 minutes of the Delivery Personnel arrival at the destination and identification being invalid/expired – are the sole liability of the consumer. No refunds of any kind will be provided in this regard.
If the Product could not be delivered, the store reserves the right to advise the Delivery Personnel to (a) leave the Product at the door (photographic proof will be taken and uploaded accordingly) (b) discard the Product (c) return the Product to the store

(d) transfer the product to a different location to be picked up at an alternate time and for an additional fee.

IQ Delivery Inc., at its sole discretion, may make promotional offers with different features and different rates to any Customer. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Customers as indicated in the offer. You understand and agree that promotional offers:

(i) May only be used for the intended purpose, and in a lawful manner;

(ii) May not be reproduced, traded or assigned in any manner unless otherwise permitted by IQ Delivery Inc.;

(iii) Are subject to the specific terms that IQ Delivery Inc. establishes for such promotional deal;

(iv) Cannot be redeemed for cash or equivalent; and

(v) Are not valid for use after the date indicated in the offer or in IQ Delivery Inc. ’s Terms and Conditions for Promotional Offers and Credits.

IQ Delivery Inc. may withhold or deduct credits or benefits obtained through a promotion in the event that IQ Delivery Inc. believes that the redemption of the promotion of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. IQ Delivery Inc. reserves the right to modify or cancel an offer at any time.

(d) Fees for Services.

IQ Delivery Inc. may, at our sole discretion, charge additional fees for our Services, involving but not restricted to Delivery Fees and Service Fees

14. DISPUTE RESOLUTION

(a) Binding Arbitration

You understand and fully agree to resolve issues by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in the provision, “Informal Resolution.”

By accepting this Agreement, you fully consent to the arbitration route with IQ Delivery Inc., you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any such class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against us in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator.

(b) Informal Resolution

You and IQ Delivery Inc. agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and IQ Delivery Inc. therefore, agree that before either you or IQ Delivery Inc. demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Mutual Arbitration Provision. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice unless an extension is mutually agreed upon by the parties. To inform IQ Delivery Inc. that you intend to begin an informal dispute resolution conference, email [email protected] providing:

Your name
Telephone number associated with your IQ Delivery Inc. account (if any)
The email address associated with your IQ Delivery Inc. account
A description of your claim In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a prerequisite that must be fulfilled before commencing arbitration.

The arbitrator, and not any federal or provincial court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, and enforceability. B. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award is based, including the calculation of any damages awarded.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator’s decision is final and binding on you and IQ Delivery Inc.
The arbitrator may also issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.

(d) Survival.

This Arbitration provision will survive any termination of your relationship with IQ Delivery Inc.

(e) Modification.

Notwithstanding any provision in the Agreement to the contrary, we agree that if IQ Delivery Inc. makes any future material change to this Mutual Arbitration Provision, it will not apply to any individual claim(s) that you had already provided notice of to IQ Delivery Inc.

15. INDEMNIFICATION

You agree to indemnify and hold harmless IQ Delivery Inc. and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from:

(a) Your Customer information;

(b) Your misuse of the Platform or Services;

(d) Your violation of any applicable laws, rules, or regulations through or related to the use of the Platform or Services.

In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal fees incurred by the Indemnified Party.

IQ Delivery Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with IQ Delivery Inc. in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Platform and/or Services.

16. CHOICE OF LAW

Except where prohibited by applicable law (which may include the province of Quebec), this Agreement is governed by the laws of Nunavut and the most recent version of the Arbitration Act, R.S.N.W.T. (Nu) 1988, c. A-5.

17. TRANSFER AND ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by IQ Delivery Inc. without limitation. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and ensures to the benefit of each party, the party’s successors and permitted assigns.

18. ELECTRONIC COMMUNICATIONS

You consent fully to receive communications from IQ Delivery Inc. in an electronic form; and agree that all terms and conditions, agreements, notices, disclosures, and other communications that IQ Delivery Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

19. ADVERTISEMENTS

You acknowledge and fully understand that while using the Platform and its applicable Services, you might choose to engage or participate in the promotions, advertisements, or other activities of third parties who choose to promote their goods/services on the Platform. Such interactions are solely between you and the third party. IQ Delivery Inc. assumes no liability or responsibility for any conditions, terms, interactions, or representations that you, the customer, have decided to engage with a third party.

20. SEVERABILITY

Unless otherwise stated in this Agreement, if any provision is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

21. CONTACT INFORMATION

In the event you have any questions or comments regarding this Agreement, please contact us below:

PO Box: 1979 Iqaluit, Nunavut X0A 0H0

+1-867-223-4747

https://iqdelivery.ca/#contact-us

[email protected]

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