Effective as of July 15th, 2021
These terms and conditions (“Terms”) apply to your use of ‘Inwit Solutions Inc.’ ordering platform. All services provided by Inwit Solutions Inc., including the services, information, features and functionality offered through our website at www.inwit.ca (the “Website”) are referred to herein as the “Inwit Platform”.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE INWIT ENTITY IN RESPECT OF ACCESS AND USE OF INWIT’S WEBSITE LOCATED AT WWW.INWIT.CA, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS INWIT MOBILE APPLICATION (THE “INWIT PLATFORM APP”) (TOGETHER THE INWIT PLATFORM APP AND THE WEBSITE CONSTITUTE THE “INWIT PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE INWIT PLATFORM, INCLUDING USERS WHO ARE RESTAURANTS OR TO OTHER USERS OF THE INWIT PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE INWIT PLATFORM, USERS WHO DOWNLOAD THE INWIT PLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE INWIT PLATFORM AS A CUSTOMER OR TO OPERATE AS A RESTAURANT. IF YOU ARE USING THE INWIT PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING INWIT PLATFORM OR THE INWIT SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE INWIT PLATFORM AND THE INWIT SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY RESTAURANTS THAT WILL BE PICKED UP BY USERS. YOU UNDERSTAND THAT INWIT’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT INWIT IS NOT A RESTAURANT OR COURIER NOR IS INWIT RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH RESTAURANTS OR COURIERS.
INWIT SOLUTIONS INC.
These Terms are between you and Inwit Solutions Inc. (“Inwit”) which is a Canadian company with offices located at 192 Spadina Ave. Toronto, Ontario, Canada, M5T 2C2. When used in these Terms, the terms “us”, “we” and “our” refer to Inwit.
Inwit connects users with local restaurants through the Inwit platform. You may order food through the Inwit platform to be picked up in our reusable containers from particular Restaurants. Inwit is not a Restaurant or food preparation entity. The Restaurants available on the Inwit platform (collectively, the “Restaurants”) operate independently of Inwit. The Restaurants are required to comply with federal, provincial, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. Inwit is not liable or responsible for the Restaurants food preparation or safety and does not verify their compliance with all applicable laws. Inwit provides Restaurants with restaurant equipment in which they may serve food. It is up to the Restaurants to use that equipment in a manner consistent with applicable law. In addition, Inwit does not guarantee the quality of what the Restaurants or other food purveyors sell, nor does it guarantee the services provided by them, including, without limitation. Inwit does not independently verify, and is not liable for, representations made by Restaurants regarding their food, including, without limitation, any menu- or Restaurant-level descriptors or disclosures. Inwit places Impact Badges on select restaurant profiles. Impact Badges are a system of honour and we do not verify the representations.
We provide a way for you to order (“Order”) products or services (“Products”) from third party restaurants (“Restaurants”) in reusable containers. Inwit is a limited agent for its Restaurant partners with the authority to offer a Restaurant’s Products for sale at the price shown through the Service. Inwit has the authority to accept or decline your Order on behalf of the Restaurant and collect payment for your Order on behalf of the Restaurant. Inwit also has the authority to provide certain discounts and promotional offers in connection with Products offered through the Service. Inwit does not provide the Products itself or operate any of the Restaurants, and is not itself a restaurant. Inwit is not responsible for the quality, character or safety of any Products available through the Service, that is the sole responsibility of the Restaurant. The provision of the Product and fulfilment of any Orders by the Restaurant to you constitutes an agreement entered into between you and the Restaurant. Inwit shall never be a party to such agreement.
SIGNING UP FOR THE SERVICES
You have to be at least the age of majority or older in your jurisdiction of residence in order to use the Service. If you reside in a jurisdiction that restricts the use of the Service because of your age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service. By using the Service, you are entering into a contract with Inwit under these Terms. In order to be able to use the Service, you first need to sign-up with Inwit. When signing-up, you are obligated to provide Inwit with certain personal information, including your mobile telephone number, legal name, and mailing address. Upon successfully signing-up with Inwit, Inwit will provide you with a personal account, accessible to you with a password of your choice.
You warrant that the information you provide to Inwit is accurate and complete and that you will keep the information you have provided to Inwit current through the Service. Inwit is entitled at all times to verify the information that you have provided and to refuse use of the Service without providing reasons.
PLACING AN ORDER
The Service allows you to send Orders to Restaurants. Inwit has the sole and complete discretion to accept or reject each Order on behalf of the Restaurant. Once you have submitted your Order, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund of your Order. Inwit will notify you as soon as reasonably practicable if your Order is rejected for any reason. Your Order may be rejected at any time because the Restaurant is too busy, due to weather conditions or for any other reason. Your payment will be made void within 24 hours. It may take more time to reflect in your bank account as it depends on your bank provider. If your Order is accepted, payment will be authorized by Inwit. Neither Inwit nor the Restaurant guarantee that Orders will be ready for pick-up within the estimated times.
If you have any issues with your Order (including any issue regarding the accuracy of information provided through the Service), or wish to change or cancel your Order after it has been accepted, you may contact us directly ([email protected]) and we will assist you in resolving your issue. We cannot guarantee that we can resolve any complaint or issue you have because the resolution is at the sole discretion of the Restaurant once an Order has been accepted. If we are unable to assist you in resolving a complaint, you will need to address it directly with the Restaurant. All complaints regarding the quality of any Products should be addressed directly to the Restaurant. Inwit has no obligation to compensate you for any dispute you may have with any Restaurant.
All orders are prepared without single-use items as much as possible. By default, orders will be prepared without the addition of single-use utensils, bags, napkins, and packaged condiments. It is your responsibility to ask for any of these items as needed. Inwit cannot guarantee that there will be no single-use items included in your order. Some menu items will require the use of single-use ramekins or similar items. Any special requests made on the Inwit Platform at the time of ordering through the special instructions field may be subject to additional fees, such as requesting a side of guacamole or extra cheese. Such fees are determined by restaurants and may require additional payment upon pickup. It is the users’ responsibility to double-check orders for accuracy when picking up orders from restaurants. Orders placed through the Inwit Platform that are not picked up will not be subject to a refund.
ALLERGY, DIETARY AND OTHER MENU INFORMATION
We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information (“Menu Information”) from the menus that are provided to us by Restaurants. However, it is the Restaurants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Restaurant directly before ordering.
You may only access the Service using the means and methods permitted by Inwit.
By using the Service, you further agree that:
- You will only use the Service for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of any network accessed through the Service;
- You will not try to harm the Service in any way whatsoever;
- You will not copy or distribute the Inwit Platform without written permission from Inwit;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use the Service through an internet connection you are authorized to use;
- You are aware that when the Service may require receiving or sending messages by SMS (if available in your jurisdiction), standard messaging charges (if any) will apply;
- You will not intentionally damage the containers; If you do so unintentionally, you will contact us directly ([email protected]) and resolve the matter in a timely manner;
- You will pay any due balance within 30 days of issued invoiced;
- You will not put the containers in, on or in close proximity to any heating appliances including but not limited to oven, microwave oven, barbecue, fire pit, etc.;
- You will not store any other item within the containers but the food provided by the restaurant;
- You will not intentionally soil the container;
- You will endeavour to remove all food from the container before returning it; and
- You will comply with all applicable laws including the laws of the area in which you are present while using the Service.
Inwit reserves the right to immediately terminate your use of the Service should you not comply with any of the above rules. Inwit will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Inwit may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Inwit has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Inwit shall charge you on behalf of the Restaurant for the Order placed by you. You agree that you will pay for all Products you purchase from the Restaurant, and that Inwit may charge you the total amount for your Order using the payment method provided by you (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees and for providing Inwit with a valid method of payment at all times. Any payment made is non-refundable. Payment options available to you when registering for the Service may include all major credit cards, and Debit/Visa (traditional debit cards are not accepted). Inwit may add additional payment methods from time to time. Inwit uses a third-party payment processor (the “Payment Processor”) to link the payment card you provide to the Service, and by using this third-party service, you agree to its terms and conditions of service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. Inwit is not responsible for any errors by the Payment Processor. If invoices issued are not paid within a reasonable time as defined by Inwit from time to time, we are entitled to transfer your file to a third party debt recovery agency of our choice and inform the Credit Bureau of Canada of the absence of payment.
BORROWING & RETURNING CONTAINERS
When you order through the Inwit Platform, you may receive a reusable container or containers. Each container consists of two pieces, the base and the lid, herein referred to as the “Container”. You must return such container(s) to a designated Inwit Ambassador, within 7 days of your receipt of the container(s). All users are responsible for Inwit containers borrowed from any restaurant on the Inwit Platform. The number of containers that a user may borrow may be limited on the basis of local demand and container stock. Inwit establishes and reviews annually, the maximum number of containers that may be borrowed by a user at any one time. A standard borrowing period of 7 days exists for each container borrowed.
Please note that all containers must be returned to an Inwit Ambassador. It is the user’s responsibility to ensure that their containers are returned on time.
DEPOSIT – THREE STRIKES SYSTEM
A Container deposit will be levied for each Container provided. The precise deposit amount will be expressly stated in the order confirmation. The Container deposit will be reimbursed to the Client upon restitution of the Container in satisfactory condition. Impaired, misplaced, or unreturned containers may result in partial or complete forfeiture of the deposit. It is the responsibility of the user to ensure that containers are returned on time so that they will be available to other users. Users will be notified of containers that are overdue. If you do not return the borrowed Container within 7 days, Inwit will mark a strike. A strike also applies if Container is not returned in full (lid and base). If an unreturned Container is returned, a strike will be taken out. Similarly, if a part of the Container that was missing and incurred a strike is returned, the strike will be lifted. If User reaches three strikes, the stop-service provision will be implemented until either you have returned all Container or you purchase a new deposit. Inwit reserves the right to withhold services if deposit is not paid, without liability.
PROMOTIONS AND REWARDS
Inwit may, in Inwit’s sole discretion, provide offers, programs and promotions (“Promos”) that allow you to obtain account credits, reward points (“ImpactPoints”), or other features or benefits related to the Services and/or a third party provider’s services (collectively, “Promo Benefits”).
Promos may be subject to additional terms and conditions that Inwit establishes from time to time.
You agree that:
- Promos must be used for the intended audience and purpose, and in a lawful manner;
- Promos may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Inwit;
- Promos may be changed, terminated or disabled by Inwit at any time for any reason without prior notice or liability to Inwit;
- One Promo cannot be combined with any other Promo unless expressly permitted by Inwit in the terms of the Promo;
- Promo Benefits may only be used pursuant to the specific terms that Inwit establishes for the applicable Promo; and
- Promo Benefits are not redeemable for cash and may be subject to expiration or termination conditions.
Certain Promos may only be available to new users. New users are natural persons who have not yet created an Inwit account. New users may also be required to complete an Order before being eligible for any Promo offer and the Promo Benefits. Additional terms and conditions specific to new user Promos may be specified by Inwit from time to time.
Inwit reserves the right to delay delivery of Promo Benefits pending verification that a user has complied with the terms of the Promo, including verification of the user’s identity. Inwit users that make a referral code available to others must not make any false or misleading representations related to Inwit or the benefits a new user may receive upon signing-up for Inwit. Inwit reserves the right to deduct or cancel Promo Benefits in the event that Inwit determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms.
Account credits provided by Inwit, whether as a Promo Benefit, through the redemption of rewards points or otherwise provided by Inwit through any means, have no cash value and will only apply in the local currency and are not transferable. If a purchase on Inwit exceeds the account credit value in your account, the remaining balance will be charged to the registered credit card. Account credits may be cancelled and removed from your account. Unless otherwise specified in the particular Promo, account credits are subject to cancellation by Inwit at any time and may be removed from your account at Inwit’s discretion.
Unless otherwise prohibited by applicable law, Inwit reserves the right to cancel and/or expire any rewards points in your account after one year of account inactivity.
Inwit currently offers a loyalty program called Impact Points attributed to the points schedule as outlined here.
By accepting these Terms and using the Service, you agree that you shall indemnify and hold harmless Inwit, its affiliates, licensors, and each of their officers, directors, other users, employees, attorneys and agents (collectively, “Inwit”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including, without limitation, Restaurants arranged via the Service; or (iii) your use or misuse of the Service.
THE LEGISLATION OF CERTAIN JURISDICTIONS DOES NOT ALLOW FOR CERTAIN EXCLUSIONS OF LIABILITY, SO THAT SOME OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU TO THE EXTENT THAT, BY APPLICABLE LAW, SUCH LIABILITY MAY NOT BE SO LIMITED OR EXCLUDED.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INWIT DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (I) THE INWIT PLATFORM OR SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE INWIT PLATFORM OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO MEMBER OF INWIT SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, REVENUE, ECONOMIC ADVANTAGE, GOODWILL, DATA, OPPORTUNITY OR SALES, DAMAGES FOR PERSONAL INJURY, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE INWIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU MAY ACCESS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE INWIT FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. INWIT WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.
WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF INWIT TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE SHALL IN NO EVENT EXCEED CAD$100.00.
For the purpose of these Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Inwit Platform), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Inwit Content” means Content owned or used by Inwit, its affiliates or third-party licensors (including Restaurants) and made available through the Service, but excluding User Content.
“User” means a person who accesses or uses the Service.
“User Content” means Content that a User uploads, publishes, submits or transmits to be made available through the Service.
“Collective Content” means, collectively, Inwit Content and User Content.
Subject to your compliance with these Terms, Inwit grants you a limited, revocable, non-exclusive, non-transferable license:
- to view, download and print any Inwit Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
Unless otherwise stated, the copyright and other intellectual property rights in the Inwit Content are owned by us, the Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Inwit Content other than in accordance with these Terms is prohibited.
You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of Inwit. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Inwit or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content through the Service. User Content will be deemed non-confidential and non-proprietary. By providing User Content to Inwit, you grant Inwit a non-exclusive, perpetual, transferable, worldwide, royalty-free, right to use, copy, distribute, display, modify, make derivative works from, and disclose to third parties any User Content for any purpose, in any medium and throughout the world. You hereby waive any moral rights in your User Content in favour of Inwit.
You agree to indemnify and hold harmless Inwit against all costs, expenses, damages, losses and liabilities incurred or suffered by any member of Inwit related to any User Content posted or transmitted by you through the Service.
Inwit reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Inwit believes is not in accordance with these Terms (including without limitation materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Inwit. You agree to provide to Inwit sufficient information to enable Inwit to investigate whether such User Content breaches these Terms. Inwit shall take such action as Inwit in its sole discretion decides. However, Inwit does not warrant or represent that it will block or remove (in whole or in part) or monitor such User Content.
INWIT PLATFORM LICENSE
Subject to your compliance with these Terms, Inwit grants you a limited, non-exclusive, revocable, non-transferable license to download and install a copy of the Inwit Platform on a single mobile device that you own or control and to run such copy of the Inwit Platform solely for your own personal use. You shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Inwit Platform in any way;
- modify or make derivative works based upon the Inwit Platform;
- create Internet “links” to the Service or “frame” or “mirror” any Inwit Platform on any other server or wireless or Internet-based device; or
- reverse engineer or access the Inwit Platform in order to: (i) design or build a competitive product or service; (ii) design or build a product using similar ideas, features, functions or graphics of the Inwit Platform; (iii) copy any ideas, features, functions or graphics of the Inwit Platform ; (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Inwit Platform ; (v) misuse the Inwit Platform , including by hacking or “scraping”; (vi) send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws; (vii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights; (viii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ix) interfere with or disrupt the integrity or performance of the Inwit Platform ; or (x) attempt to gain unauthorized access to the Inwit Platform or its related systems or networks.
INTELLECTUAL PROPERTY OWNERSHIP
Inwit alone shall own all right, title and interest, including all related intellectual property rights, in and to the Inwit Platform and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Inwit Platform or the Service.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Inwit Platform or the Service, or any intellectual property rights owned by Inwit. Inwit’s name, logo, and the product names associated with the Service are trademarks of Inwit, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
You are entitled to terminate your use of the Service at any time. All borrowed containers must be returned and/or all the outstanding balances on your account will need to be paid in full before account deletion can occur.
The Terms (including any referenced documents) constitute the entire agreement between you and Inwit and governs your use of the Service, superseding any prior version of these Terms between you and Inwit.
WAIVER AND SEVERABILITY OF TERMS
The failure of Inwit to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
MODIFICATION OF THE SERVICE AND TERMS
Inwit reserves the right, at its sole discretion to change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Inwit may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Inwit reserves the right, at its sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Website. You should check the Terms frequently for any revisions, and especially before your use of the Service. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Service.
Inwit may give notice by means of a general notice sent through the Inwit Platform, or by electronic mail to your email address on record in Inwit’s account information, or by written communication sent by regular mail to your address on record in Inwit’s account information.
You may not assign your rights under these Terms without the prior written approval of Inwit.
APPLICABLE LAW AND DISPUTE RESOLUTION
To the fullest extent permitted by applicable law, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim (a “Dispute”) arising out of or in connection with these Terms or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded. If you are a resident of the Province of Quebec, Canada, the laws in that province will apply and the courts in that province will have jurisdiction over any Dispute.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND INWIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both you and Inwit agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which the following provision is enforceable, the following mandatory arbitration provision applies to you. You agree that any Dispute shall be submitted to and determined by binding arbitration in accordance with the applicable rules of the American Arbitration Association. The number of arbitrators shall be one and the parties shall mutually agree and appoint an arbitrator within 10 days of the delivery of the notice of arbitration, failing which the arbitrator shall be appointed by International Center for Dispute Resolution Canada. The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English. By agreeing to this provision, the parties agree that arbitration shall be the exclusive forum for resolving all Disputes and the decision of the arbitrator shall be final and binding upon both parties hereto. The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction.