Last updated on: 29 May 2019
The Terms Of Service “TOS” of Globiness Inc. (“Globiness”), including its e-commerce business website www.globiness.ca and any related Globiness websites, mobile sites or apps that link to this Terms Of Service (collectively, the “Services”). The Terms Of Service, also known and used as “TOS” by Globiness.ca.
This website “Globiness.ca” is operated by Globiness Inc., Throughout the site, the terms “we”, “us” and “our” refer to Globiness.ca., Globiness Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, replace, or remove any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page each time you click, open, or access our websites, any pages, or any links for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Globiness.ca official language of communication and language of the service is English only.
Globiness.ca is an independent business and is not necessarily affiliated with, or endorsed or sponsored by any store mentioned on this website.
Our store is hosted on Shared Hosting Server. They provide us right tools to run the online e-commerce platform that allows us to sell our products and services to you, we reserve the rights to change, or transfer, or move hosting and similar services at anytime without any prior notice to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
For Liquor and Age restricted products or services: This site and provided services are not for individuals who are not of legal drinking age (19 and over in the province of Ontario, Canada). Therein should not be accessed or viewed by you if you are not at legal drinking age for the consumption of alcoholic beverage.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the rights to, change, update, modify, put on hold, pause, transfer, cancel our products or services and its price at anytime and without any prior notice to you, and after your order or before your order.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree that Globiness or the applicable Store Partner will obtain a credit card authorization for your credit card on file with Globiness to cover the cost of the goods you have ordered and/or purchased from the store and any separate Globiness fees, and your card will be charged for the goods ordered by you (Here, any order placed from your profile is stated as you) and any applicable fees, charges, taxes and/or tips.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. This agreement is not a license or not a partnership with you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – INTENDED SERVICE LOCATIONS
Our products and services are intended for sale only in the area as described in “Enter Your Location” tab of footer menus, once you enter your postal code, you will be notified about service availabilities in your postal code. As of now, we are currently offering our products and services to certain areas or postal codes only. You must consider our geographic region limit for our products and services. We may add, remove and modify our geographic limit or service locations at any time, without notice to you. All “Coming Soon” areas are not serviceable at the moment.
Our services will be available on particular day of week or month in the postal code or city. We may, in our sole discretion, reserve the rights to place a limit or restrictions on any of postal codes or cities and delivery days, without any obligations or notice.
So, if you are living outside of our delivery areas, then you must not access our site, buy our products or services as we will not able to serve you or fulfill your order and may not able to refund you as well. Also, review our return policy for further details about the return, refund and exchange of products or services.
SECTION 4 – DELIVERY PLAN
We have rights to sale and charge our subscription plan, non-subscription plan, single delivery, add-ons and special plan for one-time fees, recurring fees or custom fees, as well custom time periods, such as weekly, monthly, quarterly, yearly or similarly other kinds and fees will be charged accordingly. All of delivery plan is your doorstep delivery service only and subject to availability and may have additional fees, excluding any products or additional service charges, it will be charged separately to you. The features are displayed in Delivery plan’s page in the website. We reserve right to, change, update, modify, or postponed the delivery plan without any prior notice to you, shall not held liable for any return or refund. In the event that, we may attempt to notify you by contacting the e-mail address provided at the time the Order was made. We reserve right to change, modify, update, add features, remove features, modify features, modify the price, including but not limited to, increase plan price at any time, without prior notice to you. Any price modification will take effect immediately and adjusted from your next plan cycle, your current month cycle will not be impacted. We may offer a trial on our services to some customer. Your delivery plan can not be transferred or assigned to anyone.
The delivery plan amount will be charged to you in advance. Charge for subscription plan, each month from your 1st day of starting a new subscription plan cycle. All subscription plans are auto renewed each month. Somehow, if you would like to cancel a subscription plan, we advise you to give us one (1) full month notice via email at firstname.lastname@example.org to avoid any charges to you. Additionally, we may provide you plan cancel or switch options on website via My Account tab from your profile, which may have variable charges time to time.
You may have two (2) or three (3) hours delivery time slot based on your location. Accessing, assigning, or assigned time slot may not be available to you at any time without any prior notice to you. We may change or modify order cut-off time at any time without any prior notice to you. We may have up to 72 hours delivery window for your location.
Your delivery plan and all other services are subject to our Service Fees. Minimum service fees start from 8% on goods your order through our website. All service fees are subject to local, provincial, and national tax. In a website you are provided with drop-down menu to choose higher service fees on your sole discretion or wish. Service Fees may increase at anytime without prior notice to you.
Corporate Sponsorship Plans, and related sale, or offer are subject to the special agreement and shall enforce this Terms Of Service in conjunction with the special agreement.
For desire store and favorite items, see section “SECTION 5 – DESIRE STORE AND FAVORITE ITEM”
SECTION 5– DESIRE STORE AND FAVORITE ITEM
Any store you choose to order any items, its known as your desire store. We are independent company and not associated with any of your desire store. We do not commit, confirm, assure, guarantee, or warrantee on product availability, or future product availability on our product or any services, or store operation, or store hours, or listed features of any products or services. We will act as AGENT to bring a product for you from your desire store.
You can tell us your favorite items from any of your desire grocery stores, whether it is a big chain store, neighborhood store, ethnic store, or international grocery store, which is located anywhere in your zone of city or area of City. We may add additional markup or service fees on any products or services you choose from any desire grocery store. Products or services price is an estimate, may not reflect the same price as your desire store’s actual price and may have increased the price. We do not accept, or honor any deals or discount of desire store.
You are providing consent to buy items on behalf of you, without any and all liability, warranty and guarantee from us and you must release us if any issue arises in these regards.
If you choose a grocery store who has a branch, locations, affiliate location, partner location or similar location near to us than, we reserve rights to buy your any products from the nearest, or the most suitable location for our convenience.
We do not commit, confirm, assure, guarantee, or warrantee on products, services, availability, or future product availability on desire store’s favorite item.
Any errors or omissions arise by your input, we shall not be held liable, it is your responsibility to provide us accurate information, store name, store address, full item details, quantity, substitute option, full item substitute details, ultra substitute option and so on. You are responsible and accountable for items full descriptions including; name, brand, company, size, weight, type, kind, pack, package, quantity, substitute option and similar customer’s requirements for the order item.
We may, in our sole discretion, reserve the rights to place a limit or restrictions on any of your desire store without any obligations or notice.
Your desire store’s total amount will be charged to you via the provided payment method or saved method. Desire store’s purchase details will be added into the Globiness.ca receipt and will be available at time of delivery or later.
Customer allowed to order from Grocery store, Pet Food store, Grocery Household store, Health and Beauty store, Liquor store only. Full store list of your city, or zone, or area are available on our website.
Once you requested product from your desire store, if somehow it closed or out of order or unable to sale product then we are not responsible for any thing in the particular situation. You will be charged delivery fees for any or even 0 quantity of picking and purchasing from the store.
Liquor order’s delivery will be made available via “The Beer Store” and “LCBO” store only. Liquor orders are for personal and individual consumption only. Please visit www.agco.com for additional rules and legal liabilities.
SECTION 6 – PROMOTIONS
At anytime we may send you a sample order, freebies, courtesy products or services, personalized gifts, complementary products or services, or testing samples of any brands, or company, or ethnic group, or country.
Time to time, we may offer Point Collector, memberships, coupons, discounts, offers, sales, deals and bonus, which may be available for temporary period or a specific period and may have special terms and return policy in addition to this Terms Of Service, it is your responsibility to review it time to time.
Some promotion may vary customer to customer, or time to time. All Promotions are not transferable or sharable. We only accept our own promotions. All promotions are subject to validation and any redemption requirements. We do not offer any price match services. We do not accept manufacturer's promotions.
We reserve the rights to roll back, pause, permanently cancel, update or modify, without any notice and without offering any other benefit to you.
SECTION 7 – ORDERS AND DELIVERY
For order fulfillment and delivery, you must buy a suitable delivery plan. Without a delivery plan no order will be fulfilled or no delivery will be made.
All displayed amounts are Canadian Dollars and without tax, and taxes are auto calculated on the Receipt.
Once you complete the checkout and submit an order on Globiness.ca, you agree to pay the full amounts of the items selected with applicable taxes. Product weight adjustments will be reflected on your final bill at the time of delivery and adjusted amount will be charged to you. We do minimum pre-authorization amount for desire store’s favorite items (order items) and final amount will be added to your final receipt once we purchase it from your selected desire store or ultra substitute store.
Pre-authorization for order items: You are pre-authorising your payment card for goods you ordered. If the goods amount of your order is less than pre-authorised amount, then we will charge actual lower amount and release hold on rest of amount. Rest of amount will be backed on your payment card. If the goods amount of your order is higher than pre-authorised amount, then we will charge actual higher amount to your payment card. It may require supplementary charge to adjust higher amount.
An order confirmation receipt will reflect an estimate of your purchase along with pre-authorised amount for order items, and it’s not final invoice, it will be readjusted at the time of delivery, if applicable.
Substitute is if somehow the main described item is not available in store, but may available with different Brand, Size, Weight, Type, Kind, Pack, Package, Color, etc. So, you can specify: What exactly you would like as a substitute instead of the main described item. Substitute Popup box: Fully Describe substitute item detail; Name, Brand, Size, Weight, Type, Kind, Pack, Package, etc. you want if main item is not available in store. We will only substitute the item that you described in the popup box.
Ultra Substitute is an option to get exactly described, Item or Substitute Item from other our preferred store. This will only increase probability to get your item fulfilled as we often visit different stores in a day. However, do not provide any warrantee or guarantee of fulfillment as other our proffered store may out-of-stock or do not carry the item. Ultra Substitute may not be available with select store(s) or desire store(s). Ultra Substitute is always an optional feature for customer and may not available to use at anytime without any prior notice to customer.
If applicable, minimum cart value is excluding any of the taxes.
You are permitted to modify, or reschedule, or cancel an order or delivery, all of this action must be done via our website’s My Account tab and the fees of respected action will be applied to your account and will be charged to your agreed payment method.
Maximum order limit: In general, maximum per order limit is (i) $400 total amount and/or (ii) no more than 100 pounds weight (in aggregate). In case you want to order higher than (a) $400 total amount and/or (b) 100 pounds total weight then you need to get an approval for special arrangement with 24 hours notice prior to order, we reserve rights to enforce special terms, or services, or fees, as well refuse a request without providing any reason for you. Note, all orders higher than (i) $100 total amount and/or (ii) 50 pounds weight (in aggregate) are subject to (a) Larger Order Fees and/or (b) Heavey Order Fees and/or both (a, and b) respectively.
Delivery receiving person: You should be available at your doorstep to accept delivery. Otherwise, you may give a permission to someone to accept delivery on behalf of you by proving their name and personal details, while placing an order via our website. To accept delivery there must be a mature person available to accept and sign. In any case, you missed delivery than the delivery missed fees will be applied to your account and will be charged to your agreed payment method. Any second delivery attempt will be charged as additional delivery fees. No delivery will be left unattended at your doorstep.
To accept liquor delivery, you must be 19 years or older with valid photo id, to accept this order at delivery time (https://www.agco.ca/alcohol/legal-drinking-age-and-photo-id).
Delivery is subject to store partner, or staff, or driver, or independent contractors or independent delivery contractors availability, other limitations including, statutory holidays, national or regional holidays, ethnic holidays, local weather conditions, or other natural or influenced conditions, we reserve rights to delay, or cancel the delivery at any time without prior notice to you. In the event that we make a change to or cancel a delivery, 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. We will work with you to reschedule a delivery, based on your availability and agreed time, without any additional charges to you.
The delivery fee is non-refundable, whether you cancel the order or return a full cart, the delivery fees are non-refundable in any cases.
We do not guarantee or warrantee of product freshness, quality, etc. We do not guarantee or warrantee of our delivery services, including but not limited to, on time delivery, etc. We reserve the rights to substitute a product or services at anytime, with or without your consent, and without prior notice to you. Your order may not be filled, partially or full due to product unavailability, or limited stock, or out of stock. Your order must be made before the cut-off time described in our website.
Our Products and Services are primarily meant for residential and home users only. We have premium option for Business address, which may have additional business delivery fees. Doorstep delivery is curbside delivery or at the door delivery.
Entry into a residence or home: You must not say, inform, tell, advice, or force, by any means to our driver, employees, partners, contractors, suppliers and affiliates for entering into your residence. Globiness.ca shall not be liable for any such action may be taken by you or an individual. You must release us in any and all matters arise.
For Dog/Pet Owner: Keep Dog/Pet at safe place before you open the door for our delivery.
All orders and delivery related notifications may only be transmitted by email to you.
Globiness.ca have right to take photo of delivery address’s front area or delivery area in certain cases of delivery. You irrevocably consent and provide permission.
We may use point collector, membership card, coupon or similar to collect, redeem or save for our use solely. You irrevocably consent and provide permission.
BE A GIFT GIVER: under this you may give a direct gift, food, groceries to Charity, Organization, Temple, Gurudwara, Church, Mosque, and similar others, this is non-refundable and non-transferable purchase for you and the recipient both.
Gift Card: If you are buying a Gift Card for someone else, other than a you (profile owner), you must notify a receiver, or recipient of Gift card about creating a profile on Globiness.ca within 7 working days otherwise the individual may lose rights to use a Gift card after 7 working days.
In case of any issue, problem with order, delivery or any other part of Globiness.ca’ Service or Product, including miscalculated payment, fees, charges than customer need to report within 7 days from issue occur or payment deducted date, whichever happens first. Reporting method is via email to email@example.com
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 10 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products or services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. At any time, we may add or modify any additional fees or charges, such as picking fees, packing fees, handling fees, service fees, convenience fees, markup, packing material charges/fees, small order fees, large order fees, system generated fees and etc.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 11 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 12 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to pay the total sum via the provided payment method or saved method, if you fail to pay for any reason, we reserve the rights to charge the due amount to your payment method. It is your responsibility to pay us in full in any and all cases, you will be held liable for any charges or fees may occur due to any payment issues.
For more detail, please review our Returns Policy.
SECTION 13 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 14 - THIRD-PARTY CONTENT, PRODUCTS, AND SERVICES
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 15 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, recipes, photograph, videos, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree and grant rights that we may, at any time, anywhere, royalty-free, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, without offering you any credit or paying you any sum at all. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including but without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. (l) to share username and password or sharing your own authorized access, by any means and to anyone other than yourself. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, as well you will be held liable for any of these occur.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Globiness.ca, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, partners, shareholders, service providers or licensors be liable for any action, act, fault, omission, behavior, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, any aggregate liability for all claims relating to the service, including, without limitation, lost profits, lost revenue, lost savings, any financial losses ,loss goodwill, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In no case shall Globiness.ca, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, partners, shareholders, service providers or licensors be liable for any action, act, fault, omission, behavior, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, or any aggregate liability for all claims relating to the service, including, without limitation physical damages, bodily injury, death, emotional distress, property damage, and discomfort, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Globiness.ca and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, consultant, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, proceedings, losses, damages, fines, penalties, interests, expenses, and demands, including reasonable attorneys’ fees and disbursements on a full indemnity basis, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT AND WAIVER
The failure of us to exercise, monitor or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 – DISPUTE AND NEGOTIATION
If a dispute arises out of, or in connection with this Terms Of Service, and Globiness.ca do not resolve some or all of the dispute through discussions then:
Written notice, containing a request to negotiate, shall be given by you to Globiness.ca. This notice shall be given promptly in order to prevent further damages resulting from delay and shall specify the issues in dispute.
Negotiations shall occur first between you and our customer service department’s representative, who play a supervisory role in the performance or management of the Terms Of Service. If the representatives do not resolve some or all of the issues in the dispute within 60 days after notice has been given, then the parties shall attempt to resolve the issues in dispute through a second level of negotiations, between you and a senior level manager from our customer service department.
All information exchanged during these negotiations shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by you, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the negotiations.
All and any dispute claims’ maximum sum must not exceed your total paid amount in past 1 month to Globiness.ca from the date of dispute written notice received.
SECTION 24 - GOVERNING LAW AND CONSENT TO JURISDICTION AND VENUE
Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed, construed, and enforced in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules.
Consent to Jurisdiction: Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any Province Of Ontario or Federal or Supreme court located within the City of Toronto, Province of Ontario in connection with any matter arising out of these Terms of Service and any separate agreements whereby we provide you or the transactions contemplated under these Terms of Service and any separate agreements whereby we provide you.
Consent to Service: Each party hereby irrevocably
agrees that process may be served on it in any manner authorized by the Laws of the Province of Ontario for such Persons, and
waives any objection which it might otherwise have to service of process under the Laws of the Province of Ontario.
SECTION 25 – COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY
This applies to the Service and its original content, features and functionality, including but not limited to, name (“Globiness”), logos, websites, domain names, designs, texts, all pages, images, icons, buttons, graphics, videos, products or services, service plans, subscription plans, digital downloads, data compilations, and software, and other proprietaries.
The Service and its original content, features and functionality are and will remain the exclusive property of Globiness.ca. The Service and its original content, features and functionality are and will remain protected by copyright, trademark, service-marks and other laws of both Canada and foreign countries. The Service and its original content, features and functionality will may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Globiness.ca., and must not be used without the prior written consent of Globiness.ca.
All other trademarks not owned by Globiness.ca or its parents that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Globiness.ca or its parents.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, replace or remove any part of these Terms of Service, without prior notice to you and by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or by mail at
Our Corporate Mailing Address:
1000 Central Parkway West, Unit: M008,
Mississauga, Ontario, Canada - L5C 0A6