Terms and Conditions applicable to a buyer of DirectFood.store
These terms and conditions are the contract between you and Wisebox Solutions Inc. (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
Under the age of majority in your state or province? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone of the age of majority to buy your Product on your behalf.
If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to no longer use our Website or App.
We are Wisebox Solutions Inc, incorporation number BC0960394, incorporated in British Columbia, Canada Our registered office is at 320-34077 Gladys Avenue, Abbotsford, BC V2S 2E8.
Means the website, mobile phone / cell-phone software application which enables you to select, order and pay for Product using your device.
It includes any “app” or other product, material or thing offered for licence by us on Our Website, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “DirectFood.store” shall be a reference to all or part of the DirectFood.store.
Means the service we provide to you via DirectFood.store
Means the textual, visual or audio content that is encountered as part of your experience using DirectFood.store. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and all of the content provided by Sellers to inform illustrate and promote sales of the Products.
“Copy or Publish”
With reference to the DirectFood.store system means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.
Includes any device, work station, electronic application or electronic receiving device.
Means a licence granted by us to you in the terms of this agreement for use of DirectFood.store
Means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.
Means place on or into DirectFood.store any Content or material of any sort by any means.
Means any product offered for sale on DirectFood.store through any medium.
Means a person or organisation whose Products we offer for sale through DirectFood.store
Means the software which constitutes DirectFood.store or which provides any electronic function which supports the use of it.
2.1. We do not offer Service in all regions. We may refuse service if you live in a region we do not serve.
2.2. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Website.
2.3. We are neither a buyer nor seller of Products offered for sale in any form. We are not either a principal or agent in a buying transaction.
2.4. DirectFood.store is a marketplace. We provide a place for sellers to list their products that you may purchase directly from the seller within DirectFood.store. We are not responsible to you further than to facilitate the transaction between you and the Seller.
2.5. We welcome any comment or complaint about a Seller, which you make through DirectFood.store. We may act upon a complaint in our discretion, for the benefit of the body of our members.
2.6. We may be responsible for the delivery of the Product(s) you order but not for the return or the repayment procedure should you decide to return a Product for a complaint as outlined in our return and dispute policies.
2.7. In any dispute with a Seller, you must initiate the dispute via DirectFood.store or contact DirectFood.store. We have neither legal obligation nor detailed information about the Product but we will facilitate the dispute resolution as per our dispute policy.
2.8. We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on DirectFood.store at the time you buy a Product.
3.1. When you visit DirectFood.store, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4.1. We are not responsible for the fulfilment of your contract to buy a Product but may be responsible for the delivery.
4.2. Prices listed on DirectFood.store by Sellers are not inclusive of any applicable sales tax.
4.3. Unless it is clear to the contrary, you may assume that every sale is made by a Seller in the course of their business.
4.4. Products may be offered for sale subject to any discount or promotion arranged between us and the Seller.
4.5. If, by mistake, a seller has under-priced an item, neither we nor the seller will be liable to supply that item to you at the stated price, provided that we or the seller notify you before the item is shipped.
4.6. Subject to discounts and promotions, Products are offered for sale at a fixed price. Applicable sales tax may be due and will be separately shown during the pay point. If not shown, it will not be charged.
4.7. All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by DirectFood.store according to our current shipping rates for your region.
4.8. Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
4.9. Any detail given by us in relation to exchange rates is approximate only and may vary from time to time.
4.10. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
5.1. Your order is an offer to buy from the Seller.
5.2. Nothing said or done by the Seller is an acceptance of an order until the Seller actually ships the Product.
5.3. At any time before a Product is ships, the Seller may decline to supply the Product to you without giving any reason.
6.2. If you Post Content to any public area of DirectFood.store it becomes available in the public domain. We have no control who sees it or what anyone does with it.
6.3. Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
6.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on DirectFood.store, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
6.5. We will use that licence only for commercial purposes of the business of DirectFood.store and will stop using it after a commercially reasonable period of time.
6.6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work (i.e. moral rights).
6.7. You now irrevocably authorise us to publish from other users therefore feedback, comments and ratings about your public domain activity through DirectFood.store, even though it may be defamatory or critical.
6.8. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
6.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
6.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
6.11. Please notify us of any security breach or unauthorised use of your account.
6.12. We do solicit ideas or text for improvement of our Services. If you do send us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 6 above.
We have to regulate your use of DirectFood.store to protect our business and our staff, to protect other users of DirectFood.store and to comply with the law. This paragraph applies so far as we allow you to Post Content.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use DirectFood.store to Post Content or undertake any activity which is or may:
7.1. be unlawful, or tend to incite another person to commit a crime;
7.2. consist in commercial audio, video or music files;
7.3. be obscene, offensive, threatening, violent, malicious or defamatory;
7.4. be sexually explicit or pornographic;
7.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
7.6. use a Posting to solicit responses unconnected with the purpose of DirectFood.store or the terms proposed by this agreement;
7.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
7.8. be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
7.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
7.10. facilitate the provision of unauthorised copies of another person's copyright work;
7.11. link to any of the material specified in this paragraph;
7.12. use distribution lists that include people who have not given specific permission to be included in such distribution process;
7.13. send age-inappropriate communications or Content to anyone under the age of 18.
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
8.1. hyperlinks, other than those specifically authorised by us;
8.2. keywords or words repeated, which are irrelevant to the Content Posted.
8.3. the name, logo or trademark of any organisation other than yours.
8.4. inaccurate, false, or misleading information;
9.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on DirectFood.store for any purpose.
9.2. We are under no obligation to monitor or record the activity of any user of DirectFood.store for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
9.3. If you are offended by any Content, the following procedure applies:
9.3.1. your claim or complaint must be submitted to us in the form available on DirectFood.store, or contain the same information as that requested in our form. It must be sent to us by post or email.
9.3.2. we shall remove the offending Content as soon as we are reasonably able;
9.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
9.3.4. we may re-instate the Content about which you have complained or we may not.
9.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
9.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
10.1. Subject to payment of the membership fee according to our current pricing and to the other terms of this agreement, we grant a Licence to you for the duration of the membership to use DirectFood.store in your region.
10.2. We do not offer the Licence in all regions and countries. We may refuse or revoke a Licence and return your payment if you live in a country we do not serve.
10.3. The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
10.4. No express or implied licence of DirectFood.store or any other material is granted to you other than the express Licence granted in this agreement.
You agree that you will not:
11.1. use the DirectFood.store for any purpose beyond the scope of Licence as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines DirectFood.store.
11.2. reverse engineer, decompile, or disassemble DirectFood.store.
11.3. sub-license, copy or share the Software or DirectFood.store.
11.4. Copy or Publish DirectFood.store except as specifically allowed in this agreement.
11.5. represent or give the impression that you are the owner or originator of DirectFood.store.
11.6. remove any identification or reference number or other information which may be embedded on DirectFood.store.
11.7. allow any other person to use DirectFood.store except in the situation or context in which it is intended to be used.
12.1. We give no warranty that our Service will be satisfactory to you.
12.2. We will do all we can to maintain access to DirectFood.store, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first.
12.3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
12.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
13.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
13.2. All implied conditions, warranties and terms are excluded from this agreement.
13.3. We provide a market place for the supply of Products. We are in no way responsible for:
13.3.1 your locating and ordering a Product;
13.3.2 your choice of a Product;
13.3.3 any aspect of the provision of the Products;
13.3.4 refund payment for any Product;
13.3.5 any complaint about any Product.
13.4. DirectFood.store includes Content Posted by Sellers and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on DirectFood.Store.
13.5. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
13.6. DirectFood.store contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
13.7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from DirectFood.store.
13.8. We shall not be liable to you for any loss or expense which is:
17.8.1 indirect or consequential loss; or
17.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
13.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Seller for a Product.
13.10. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
14.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
14.2. your breach of this agreement;
14.3. your failure to comply with any law;
14.4. a contractual claim arising from your use of the Services.
15.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
15.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.4. Any legal communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 5 business days of posting.
15.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
15.6. This agreement does not give any right to any third party.
15.7. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
15.8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
15.9. The validity, construction and performance of this agreement shall be governed by the laws of the Province of British Columbia, Canada and the parties agree that any dispute arising from it shall be litigated only in the Province of British Columbia, Canada and the proceedings will be conducted in English.