AisleFLO Terms of Service

Effective Date: [03/29/24]

Introduction Welcome to AisleFLO! Our platform offers a variety of services, including applications and websites that enable you to interact with retail businesses (“Retailers”) and purchase their products (“Products”). By using our services, you agree to adhere to the rules and restrictions outlined in this document.

Contact Information For any inquiries or concerns regarding our terms or services, please reach out to us at shopper@AisleFLO.ca.

Agreement By utilizing our services, you enter into a legally binding agreement with AisleFLO. This encompasses all terms provided here, as well as those in our Privacy Policy and any additional terms related to product purchases from Retailers. Your continued use of our services signifies your acceptance of these terms.

Additional Policies Your engagement with certain services may be governed by supplementary policies and conditions, which are deemed part of this agreement. Your participation indicates your consent to comply with these additional terms.

Important Notices These terms detail critical aspects of our services, including potential costs, taxes, and fees. They also inform you about how we may modify these terms in the future, our limitation of liability, and our preference for arbitration over court proceedings for dispute resolution.

Acknowledgment By accessing and using our services, you acknowledge your acceptance of these terms.

Please Note: If you disagree with any part of the terms below, you are not permitted to use or access the services in any way.

Arbitration Agreement: The arbitration agreement section of these terms includes important provisions that dictate how any disputes between the parties are resolved. This includes a mandatory arbitration clause.

About AisleFLO:

AisleFLO offers a unique technology platform (“the Platform”) that allows users like yourself to place orders for products from various retailers (“Shopping Orders”). The platform facilitates the selection, purchase, and delivery of these products by independent contractors (individuals who select and purchase products are referred to as “Shoppers,” and those who deliver orders are called “Deliverers”). Collectively, Shoppers and Deliverers are known as “Contractors.” Additionally, the Platform may provide the option to request other services from Contractors (“Other Orders”), which, combined with Shopping Orders, constitute “Customer Orders.” Such services could include, for example, having a Shopper retrieve products from you and return them to a retailer.

By placing a Customer Order, you acknowledge and agree that you are creating a separate contractual agreement with the Contractors responsible for fulfilling that order. It is also important to recognize that each Shopper and Deliverer operates independently from AisleFLO, acting on your behalf to complete tasks related to your Customer Order. AisleFLO’s role is limited to providing you with access to the Services as outlined in these Terms.

Changes to Terms:

Our Services are continuously evolving, and as a result, these Terms may be modified occasionally to reflect updates to the Services. We hold the right to alter the Terms at any given moment; should any changes occur, we will publish the revised Terms here.

Should you find the revised Terms unacceptable, you have the option to decline them. However, this will mean that you can no longer utilize the Services. By continuing to use the Services after any changes to the Terms take effect, you are expressing your agreement to the new Terms.

Using AisleFLO:

To use AisleFLO, you might need to create an account, choose a password and username (which could be your email address, referred to as “AisleFLO User ID”), and supply specific personal details like your contact information. You commit to providing us with information that is accurate, complete, and current. You must not use a name as your AisleFLO User ID that you are not authorized to use or a name that belongs to someone else with the intention of impersonating them. Your account cannot be transferred to another person without our explicit written consent.

You may also have the option to access certain sections or features of the Services by using the login details from other services (known as “Third Party Accounts”), such as those provided by Facebook. When you use the Services via a Third Party Account, you authorize us to obtain certain information from that account for the Services’ use. The amount of information we can access is ultimately under your control, and you can manage this by adjusting the privacy settings on your Third Party Account.

By using this service, you confirm that you are of legal age to enter into a binding agreement, or that you have obtained consent from your parents or guardians if you are not. When accepting these terms on behalf of an organization, you certify that you have the authority to do so, and thus “you” and “your” will refer to that organization within these terms.

The services and products provided are for your personal, non-commercial use only. You agree to abide by all relevant laws and acknowledge that you are not permitted to use these services and products if they are illegal in your jurisdiction. We are not liable for any illegal use of these services and products.

Your AisleFLO User ID, account, and password are personal to you. You agree not to share them and to maintain their security. You are responsible for any actions taken under your account.

AisleFLO serves as a bridge between you, the stores selling products, and the contractors handling orders.

You are responsible for assessing the suitability of products offered by retailers through AisleFLO. We facilitate your connection with retailers and contractors but are not responsible for the quality of the products provided.

Disclaimer: AisleFLO is not liable for the accuracy or currency of information (including product descriptions) provided by retailers.

Unavailable Products: If a product in your order is out of stock, our shopper will try to contact you using the provided contact details to discuss alternatives. If you’re unreachable, you authorize our shopper to either substitute a similar item (additional charges may apply) or omit the product from your order.

Returns: For issues with received products, contact us at info@AisleFLO.ca or via in-app chat for assistance. We may issue a refund at our discretion, either as AisleFLO Credits or back to your original payment method.

Please note, refunds to payment cards may take 5-10 business days.

Return policies vary by retailer and are not guaranteed.

AisleFLO Pop: AisleFLO Pop is a subscription service offering delivery discounts and member-only deals. Subscription fees are listed on our app and website and are subject to change. However, your rate remains constant for the duration of the current subscription term. Distance surcharges are not covered by delivery discounts.

Initial Subscription Renewal: By default, all subscriptions are set to renew automatically. You have the flexibility to change this setting by navigating to “Account” > “Pop” and toggling off the “Automatic Renewal” option.

AisleFLO Pop Subscription Charges: Upon subscribing to AisleFLO Pop, you agree to a recurring billing cycle. Detailed information about these charges and how to prevent automatic renewal fees can be found in the “Auto-Renewal for Subscriptions” section below.

Subscription Cancellation by AisleFLO: AisleFLO reserves the right to terminate your AisleFLO Pop subscription at its discretion without prior notice. Should this occur, you will receive a prorated refund for the remaining days of your subscription.

Membership Cancellation: You may cancel your AisleFLO Pop membership anytime via the “Account” page by following the cancellation instructions or by emailing info@AisleFLO.ca. For one-year subscriptions, a prorated refund will be issued for the remaining months upon cancellation. Full refunds are available if cancellation occurs within the first 30 days. For monthly plans, cancellations must be made within one day of subscription to qualify for a full refund.

Third-Party Promotions: Promotions by third parties that offer AisleFLO Pop-like benefits (e.g., free delivery) are subject to the specific terms and conditions of those promotions and do not equate to an AisleFLO Pop membership or its benefits.

Combining Membership Benefits: AisleFLO may, at its discretion, allow the benefits of AisleFLO Pop membership to be combined with other AisleFLO or third-party promotions, notwithstanding their individual terms and conditions.

Can I order alcohol, tobacco, cannabis, or vapor products through the Services? No.

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Service Evolution: AisleFLO is committed to enhancing the Services, which may lead to changes over time. Parts of the Services may be suspended, discontinued, or evolved with new features, limitations, or restricted access. While we aim to notify you of significant changes that could negatively impact you, immediate notice may not always be feasible. We also retain the right to remove any Content or Products from the Services at our discretion and without notice, especially if the Content is alleged to violate these Terms.

Communication from AisleFLO: You will receive communications from AisleFLO as part of the Services, which may include emails or SMS messages. Upon service registration, you’ll get a welcome message with opt-out instructions. By providing your wireless number during sign-up, you consent to receive account-related or promotional messages from AisleFLO, which may be sent using automated technology. You confirm that all individuals registered or associated with the provided wireless numbers have agreed to this communication. You also agree to indemnify AisleFLO against any claims or damages resulting from your breach of these terms.

By using this service, you recognize that your designated Contractor may reach out to you regarding a Shopping Order. This contact may occur via the details listed in your account, those associated with the Shopping Order, or any information you directly share with your Contractor. Please note that AisleFLO is not accountable for any interactions that transpire between you and your Contractor.

Usage Restrictions for the Services

When utilizing the Services, you affirm and pledge not to share any Content or User Submissions (as defined later) or engage with the Services in ways that:

• Breach or infringe upon the intellectual property or other rights of any party, including AisleFLO.

• Contravene any relevant laws or regulations, such as export control laws, privacy laws, or any other uses not explicitly sanctioned by AisleFLO.

• Are perilous, injurious, deceitful, misleading, intimidating, abusive, slanderous, vulgar, or otherwise inadmissible.

• Endanger the security of your AisleFLO User ID, your account, or the accounts of others (e.g., permitting another individual to use the Services under your identity).

• Seek to acquire the password, account, or security details of another user in any way.

• Compromise the security of any computer network or decipher any passwords or security encryption codes.

• Operate any form of mass communication like Maillist, Listserv, autoresponder, or “spam” on the Services, or initiate any processes that persist while you are not logged into the Services, or that otherwise disrupt the proper functioning of the Services (including imposing an excessive burden on the Services’ infrastructure).

• “Crawl,” “scrape,” or “spider” any page, data, or segment of or related to the Services or Content (utilizing manual or automated tools).

• Duplicate or retain any substantial part of the Content.

• Disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the Services.

Please make sure that your engagement with the Services complies with the provided guidelines to ensure a safe and legal environment for everyone.

Any breach of these rules may result in the termination of your privilege to use or access the Services.

Your Rights Regarding the Platform and Services:

The content available on or through the Platform, which includes the AisleFLO name and logo, as well as all texts, images, audio and video files, graphics, information, drawings, designs, advertisements, news, data, scripts, software, maps, and interactive features (along with any underlying software and code), computational algorithms, programming modules, operational guidelines, and any content created by AisleFLO or its users, is protected by copyright and other forms of intellectual property law. You are obligated to respect all copyright notices, trademark regulations, and restrictions associated with any Content you access via the Services. You must not use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, commercialize, or exploit any Content that you do not own, unless you have (i) the explicit consent of the Content’s owner or (ii) it does not infringe on the rights of others, including AisleFLO.

In accordance with these Terms, we provide each user of the Services a global, non-exclusive, non-sublicensable, and non-transferable license to utilize the Content (that is, to download and display locally) solely for the purpose of using the Services. Any use, reproduction, alteration, distribution, or storage of any Content for purposes other than using the Services is strictly forbidden without our prior written consent. It is important to acknowledge that AisleFLO is the proprietor of the Services.

You agree not to alter, publish, transmit, engage in the sale or transfer of, reproduce (except as explicitly allowed in this Section), create derivatives from, or exploit any of the Services. While the Services may provide features that enable you to copy or download certain Content, all limitations outlined in this section remain applicable.

If the Services enable the posting or uploading of photographs, videos, comments, text, messages, or other user-generated content (“User Materials”), such User Materials are always considered non-confidential. By contributing User Materials to the Platform, you grant AisleFLO and its affiliates an enduring, global, non-exclusive, royalty-free, sublicensable, and transferable right to utilize, replicate, disseminate, adapt, display, and transfer the User Materials for AisleFLO’s business operations, which include, but are not limited to, showcasing product imagery, promotions, customer support, and any other activities related to AisleFLO or its Third-Party Providers.

You affirm and guarantee that: (i) you own all User Materials you submit or make available to the Platform, or you possess authorization from the rightful owner to publish and upload the User Materials to the Platform; (ii) the User Materials are not illegal, obscene, defamatory, offensive, pornographic, hateful, racist, or otherwise inappropriate; (iii) the User Materials will not tarnish the reputation of AisleFLO or any third party; and (iv) you hold all necessary rights and permissions to supply the User Materials and to make these affirmations and guarantees to AisleFLO, ensuring compliance with all relevant laws. AisleFLO retains the discretion to decline to display any User Materials on the Platform and to remove any User Materials at any time.

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AisleFLO reserves the right to act at its own discretion without prior notice, obligation, or accountability to any user or third party.

AisleFLO does not advocate or validate any User Materials, which encompasses all forms of recommendations or advice. By using the Services, you absolve AisleFLO of any liability associated with User Materials produced by any user, including yourself. You acknowledge that User Materials may be erroneous, detrimental, or objectionable, and you consent to never pursue any grievances or legal actions against AisleFLO concerning User Materials.

Responsibility for Content on the Platform:

The originator of any information or Content shared publicly or sent privately on the Platform bears full responsibility for it. You assume all risks associated with accessing such information and Content, and we are not accountable for any inaccuracies, omissions, or any harm or loss incurred as a result. We do not oversee your interpretation or usage of the Content, nor the actions you may take as a result of exposure to the Content, and you exempt us from all liability for obtaining or not obtaining Content through the Services. The identity of users you interact with during the use of the Services is not assured by us, nor do we bear responsibility for user access to the Services.

You hold responsibility for all Content you supply to the Platform in any form, and you assert that you possess all necessary rights to do so.

The Platform may feature links to third-party websites or services not under AisleFLO’s ownership or control. You acknowledge the inherent risks when accessing third-party sites or utilizing third-party services.

And that AisleFLO is not responsible for such risks.

AisleFLO does not oversee or accept responsibility for the content, precision, privacy policies, or practices of third-party websites or any third parties (including Retailers and Contractors) that you engage with via the Platform. Furthermore, AisleFLO is not in a position to monitor, authenticate, censor, or modify the content of any third-party site or service. We advise you to exercise caution when leaving the Platform and to familiarize yourself with the terms, conditions, and privacy policies of each third-party website or service you visit or use. By using the Services, you absolve us of all liability stemming from your use of any third-party website or service.

In the event of a dispute among participants on this site or Services, or between users and any third party, you acknowledge that AisleFLO is not obligated to intervene. Should you find yourself in a conflict with one or more users, you exempt AisleFLO, along with its directors, officers, employees, agents, and successors, from any claims, demands, and damages of every kind, whether known or unknown, suspected or unsuspected, revealed or concealed, related to such disputes and/or the Services. You also waive any rights under Ontario Civil Code Section 1542 or any analogous law of any jurisdiction, which states: “A general release does not cover claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which if known, would have materially influenced their settlement with the debtor or released party.”

Regarding copyright or trademark infringement on the Platform:

We honor intellectual property rights and reserve the authority to remove or disable content alleged to be infringing, as well as to terminate the accounts of repeat infringers.

Guidelines for Reporting Copyright or Trademark Violations: If you suspect that any material or Content on the Platform infringes upon your copyright or trademark (or that of someone you represent), please forward a detailed infringement notice to AisleFLO’s appointed agent for receiving such claims (contact details provided below):

• The authorized individual’s physical or electronic signature, representing the owner of the allegedly infringed copyright or trademark.

• Clear identification of the infringed works, materials, or trademarks.

• Precise location details of the alleged infringing material, enabling the Company to locate and verify its presence.

• The notifier’s contact details, including address, phone number, and email if available.

• A declaration of the notifier’s genuine belief that the material in question is not sanctioned by the copyright or trademark owner, their agent, or the law.

• An affirmation, under the risk of perjury, that the provided information is accurate and that the notifier is authorized to file the complaint on behalf of the owner.

Actions Following Receipt of a Valid Infringement Notice: Once a legitimate infringement notification is received, we reserve the right to:

• Disable access to or remove the infringing material.

• Inform the accused content provider of the removal or disabling of access to the material.

• Terminate the accused content provider’s access to the Services in cases of repeated infringement.

Process for Submitting a Counter-Notice to the Designated Agent: If a content provider contends that the material which was deleted (or access to which was disabled) does not violate copyright, or if the content provider asserts the right to distribute and utilize such material by permission of the copyright or trademark owner, their agent, or as permitted by law, the content provider can issue a counter-notice to the Designated Agent with the following details:

• The content provider’s physical or electronic signature.

• Identification of the material that was removed or disabled, along with its prior location before removal or disabling.

• A declaration by the content provider of a bona fide belief that the material was mistakenly removed or disabled due to misidentification.

• The content provider’s contact information, including name, address, telephone number, and email address if available, along with a consent to the jurisdiction of the Federal Court in the judicial district where the content provider’s address is situated, or if outside Canada, in any judicial district where the Company operates, agreeing to accept service of process from the individual who reported the alleged infringement.

Upon receiving a counter-notice, the Company has the discretion to notify the initial complainant, sending them a copy of the counter-notice and informing them that the Company may restore the removed content or cease disabling it within 10 business days. If the copyright or trademark owner does not seek a court order against the accused content provider for infringement, the Company may reinstate the removed material or re-enable access to it within 10 to 14 business days following the counter-notice, at the Company’s discretion.

Currently, there is no fee to use the Platform, but we may introduce pricing changes in the future. Should any of the Services you’re utilizing become chargeable, we’ll inform you in advance, and you’ll need to agree to the fees to continue using those Services.

When shopping, the product prices are as listed on the respective Retailer’s page. Please note that these prices may differ from physical store prices due to various factors, including in-store promotions, and the Platform may not reflect these differences. You have the option to buy products via the AisleFLO website or app. Product purchases may be subject to quantity restrictions, and AisleFLO has the discretion to cancel or reject any Shopping Order. Products you purchase will be sent to the address you provide in your Shopping Order. For other types of orders, the Customer Order Fees will be displayed on the AisleFLO website or app at the time of your order. All prices are in Canadian Dollars (CAD) and are applicable only within Canada. Be aware that prices can change without notice. Sales tax, delivery fees, and Customer Order Fees will be calculated based on the delivery address and added to your order where relevant. AisleFLO is legally obligated to charge sales tax for certain orders in specific states. The sales tax shown on the Platform is an estimate unless stated otherwise, and the final amount is determined at the time of purchase. For details on delivery charges and return policies, please visit our Frequently Asked Questions page. Payment terms will be provided during the checkout process.

Orders are considered an integral part of these Terms.

You acknowledge that in addition to the cost of Products, using the Services to place Customer Orders will incur charges for the services rendered by your Contractors. These may include a commission known as “Customer Order Fees” charged by AisleFLO. AisleFLO will manage the processing of these fees as described herein. Please be aware that AisleFLO may at any time, at its sole discretion, introduce, remove, or modify Customer Order Fees for any Services or Products. You also recognize that Customer Order Fees may significantly increase during peak demand periods in certain areas. AisleFLO will endeavor to notify you of any Customer Order Fees before you place an order, but you are ultimately responsible for any fees incurred through your account, whether or not you were aware of them. You have the option to cancel your Service or Product request at any stage; however, for Shopping Orders, cancellation is only possible before the payment for the Products is processed. A cancellation fee may apply.

AisleFLO does not allocate any part of your payment as a tip or gratuity for the Contractor. While you have the option to give a gratuity to the Contractor for their service in fulfilling a Customer Order, either through the Platform or in cash, this is entirely at your discretion and not obligatory. Any gratuity is voluntary. The default gratuity amount for any Customer Order may be set to more than 0%, but you can adjust this amount before finalizing the order on the Platform or up to one hour after delivery.

Please note that opting to receive text messages through the Platform may incur data and messaging charges according to your mobile plan.

Billing

For payment processing, we partner with a third-party service (the “Payment Processor”) to bill you via a payment account connected to your Platform account (your “Billing Account”). The Payment Processor’s terms, conditions, and privacy policies, along with our Terms, govern the processing of payments. Currently, Stripe, Inc. is our chosen Payment Processor. We are not liable for errors or other actions or inactions of the Payment Processor. By opting to buy Products, you consent to pay us, via the Payment Processor, all current charges for any Products, in line with the specified payment terms, and you authorize us, via the Payment Processor, to bill your selected payment method (your “Payment Method”). You agree to fulfill payments using that chosen Payment Method. We retain the right to rectify any errors or oversights made by the Payment Processor, even if payment has been requested or received.

Payment Method

The conditions of your payment depend on your Payment Method and may be influenced by agreements with your financial institution, credit card issuer, or other providers of your chosen Payment Method. Should we, via the Payment Processor, fail to receive payment from you, you commit to settling all outstanding amounts on your Billing Account immediately upon request. If your primary Payment Method is deemed expired, invalid, or otherwise non-chargeable, you consent to AisleFLO charging any applicable fees and prices for the Products to any other payment card or method associated with or saved in your account.

Recurring Billing for Subscriptions

Certain Services, like AisleFLO Pop, may have an initial period with a one-time fee, followed by ongoing charges as per your agreement. By opting for a recurring payment plan, you recognize that these Services will charge you initially and then on a recurring basis, and you take on the responsibility for all such charges until you cancel. We may process these periodic charges (e.g., yearly) without additional authorization from you, until you notify us (and we acknowledge receipt) that you wish to cancel this authorization or update your payment method. This notification won’t affect charges incurred before we could reasonably respond. To cancel your authorization or to modify your payment method, please visit your account settings.

Auto-Renewal for Subscriptions

If you do not disable auto-renewal in your account settings, any recurring paid Services, like an AisleFLO Pop subscription, will automatically renew for further periods of the same length as the original subscription term, at the current standard rate. You can modify or cancel your recurring paid Services at any time in your account settings. If you cancel a recurring paid Service, you can continue to use the subscription until the end of the current term; however, it will not renew after that. You won’t be entitled to a partial refund for any part of the subscription fee for the current period. To avoid ongoing charges, you must cancel the relevant recurring Service in your account settings or close your AisleFLO account before the subscription term ends.

Confirmation of Payment Authorization

By not canceling or continuing to use a subscription-based service, you confirm our authorization to charge the payment method you’ve provided for that service. We may process these charges, and you are responsible for them. This does not affect our right to collect payments from you directly. Charges for the service may be billed in advance, in arrears, per usage, or as initially described upon your selection of the service.

Requirement for Up-to-Date Information

It is imperative that you maintain current, complete, and accurate information for your billing account. You are required to promptly update any changes to keep your billing account details up-to-date, including changes in billing address, credit card number, or credit card expiration date. Additionally, you must inform us or our payment processor immediately if your payment method is invalidated (for example, due to loss or theft) or if you suspect a security breach, such as unauthorized access to your username or password. You can make these updates in your account settings.

Notification of Authorized Charge Variations

Should there be a variation in the charges to your billing account from the amount you authorized (excluding changes due to state sales tax adjustments), you are entitled to receive, and we will provide, a notice detailing the charge amount and the date of the charge before the transaction date. The terms of any agreement with your payment provider will dictate the use of your payment method. You consent to our consolidation of accrued charges to present them as one or several combined charges.

AisleFLO Credits and Promotional Offers

AisleFLO may, at its own discretion, provide special offers such as complimentary or discounted services, deliveries, discounts, coupons, or credits to users (referred to as “AisleFLO Credits”). These offers may be part of promotional activities, intended to encourage the use of AisleFLO’s services, or for any other purpose. If issued, AisleFLO Credits will be added to your account and can be used for future Customer Orders. AisleFLO Credits are non-transferable, cannot be exchanged for cash, and are not redeemable by any user other than the one to whom they were granted.

Users are prohibited from acquiring AisleFLO Credits by creating multiple accounts. Each user is limited to a single account on the platform, and credits from multiple accounts cannot be merged.

AisleFLO retains the right to apply all or part of the AisleFLO Credits in your account towards any Customer Order, including the associated delivery costs.

The availability and application of AisleFLO Credits are subject to AisleFLO’s discretion. They may be time-bound, restricted to certain uses or products, and can be revoked at any time without notice. AisleFLO also reserves the right to suspend or terminate any accumulated credits, the ability to earn credits, or any related promotional campaigns at its sole discretion. The terms and conditions for AisleFLO Credits are subject to change by AisleFLO at any time.

Credits from AisleFLO that are acquired through unauthorized means will be considered invalid. AisleFLO has the authority to deactivate any user account or remove any credits if it detects any suspected illegal or abusive actions.

Additionally, AisleFLO may provide product samples with your order at its discretion, either as part of a promotional campaign or for other purposes.

Discontinuing the Services?

Should you choose to discontinue using our services, you can do so anytime by reaching out to us at info@aisleflo.ca. For information on how we handle your data post-cancellation, please see our Privacy Policy and the licensing terms mentioned earlier.

AisleFLO retains the right to terminate or restrict your use of the Services or your account for any reason, including violation of these Terms. The determination of whether a breach of terms has occurred is solely at AisleFLO’s discretion.

Be aware that terminating your account may lead to the loss of any content linked to it.

If your account was terminated accidentally, please contact us without delay at info@aisleflo.ca. We’ll do our best to assist, but we cannot guarantee the recovery or restoration of any content.

Certain provisions are intended to remain effective even after these Terms end. For instance, your obligations to compensate us or any limitations on our liability, as well as any ownership or intellectual property rights and dispute resolution terms, including the arbitration agreement, will persist after termination.

Regarding Mobile Applications

By using our mobile application, you acknowledge that its availability relies on third-party stores. For instance, if you download the application from the Apple App Store or the Android app market by Google, each of these platforms has its own terms and conditions. Before downloading any mobile applications, you must agree to the specific terms related to the Apple App Store, as outlined below. Your license to use our application is contingent upon your compliance with these App Store terms and conditions. If any other terms from the App Store are less restrictive or conflict with the terms in our general Terms of Use, the more restrictive or conflicting terms in our Terms of Use will apply.

Using the AisleFLO App via the Apple App Store

These Terms also apply to your use of our iOS applications (referred to as the “Application”) available through the Apple, Inc. (“Apple”) App Store. However, there are additional terms specific to the Application:

1. Both you and AisleFLO acknowledge that the Terms are an agreement solely between you and AisleFLO. Apple is not a party to these Terms, and Apple is not responsible for the Application or its content.

2. The Application is licensed to you on a limited, non-exclusive, non-transferable, and non-sublicensable basis. You may use it solely in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions outlined in these Terms as they apply to the Services.

3. You may only use the Application with an Apple device that you own or control.

4. Apple has no obligation to provide maintenance and support services for the Application.

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Revised Agreement:

By using the Application, you acknowledge and agree to the following terms:

1. Responsibility for Claims:

   • AisleFLO, not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application.

2. Intellectual Property Claims:

   • In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, AisleFLO (not Apple) will be responsible for investigating, defending, settling, and discharging any such infringement claim.

3. Location and Compliance:

   • You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country. Additionally, you are not listed on any U.S. Government list of prohibited or restricted parties.

4. Third-Party Terms:

   • Both you and AisleFLO acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use.

5. Apple as Third-Party Beneficiary:

   • Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary.

Referring Other Users:

From time to time, AisleFLO may offer rewards or incentives for referring others to the Platform. For details on any current referral offers, please visit our referral page. As a referring user (“Referrer”), you can refer individuals or entities who are neither current customers of AisleFLO nor registered users of the Services.

Here are the key points regarding referrals:

1. Referral Limits:

   • There is no limit to the number of referrals that a Referrer can make.

   • Cumulative rewards or incentives received by the Referrer through special offers are unrestricted unless otherwise indicated.

2. Reward Eligibility:

   • Referrers will receive the stated reward or incentive for each Referee sent by the Referrer.

   • Referees must be first-time recipients of the offer.

   • Multiple referrals to the same individual or entity will be disregarded.

3. AisleFLO’s Rights:

   • AisleFLO reserves the right to modify or terminate special offers at any time.

   • We may revoke special offers from Referrers and Referees at our discretion, with or without reason.

4. Fair Play:

   • If AisleFLO determines that a Referrer or Referee is attempting to gain an unfair advantage or violate the terms or spirit of a special offer:

     • We may revoke any rewards or incentives issued.

     • We may charge the Referrer or Referee for rewards or incentives used prior to revocation.

5. Additional Terms:

   • All special offers are subject to any other terms, conditions, and restrictions set forth on the Services or presented in connection with the special offer.

What about my privacy?

AisleFLO takes the privacy of its users very seriously. For the current AisleFLO Privacy Policy, please click here.

Children's Online Privacy Protection Act.

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at info@aisleflo.ca.

What else do I need to know?

Warranty Disclaimer:

AisleFLO and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, along with their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents (collectively referred to as the “AisleFLO Parties”), provide no representations or warranties regarding the Services. This includes, but is not limited to, any Content accessed through the Platform or Services. The AisleFLO Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material accessed through the Platform or Services. Additionally, they will not be liable for any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising from your use of, or participation in, the Platform or Services.

The AisleFLO Parties do not make representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, including any Products. Any products or services obtained through the Services are provided “AS-IS” and without any warranty of any kind from the AisleFLO Parties or others (unless expressly and unambiguously provided in writing by a designated third party for a specific product).

The Platform, Services, and Content are provided by AisleFLO (and its licensors and suppliers) on an “AS-IS” basis, without warranties of any kind—whether express or implied. These include implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted/error-free use of the Platform and Services. Keep in mind that some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Platform Security:

AisleFLO reserves the right to view, monitor, and record your activity on the Platform without notice or permission from you. Any information obtained through monitoring, reviewing, or recording may be disclosed to the following parties:

1. Law Enforcement Organizations:

   • Information may be shared with law enforcement organizations in connection with investigations or prosecutions related to possible criminal or unlawful activity through the Services.

2. Government Agencies:

   • Disclosures required by or under applicable law may involve sharing information with government agencies.

3. Other Third Parties:

   • AisleFLO may provide information to other third parties as necessary to comply with court orders or subpoenas.

Limitation of Liability:

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise), shall any of the AisleFLO Parties be liable to you or any other person for the following:

1. Indirect, Special, or Consequential Damages:

   • Damages of any kind, including lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction.

2. Substitute Goods, Services, or Technology:

   • Any substitute goods, services, or technology.

3. Maximum Liability Amount:

   • The aggregate liability shall not exceed the greater of:

     • One hundred ($100) dollars.

     • The amounts paid and/or payable by you to AisleFLO in connection with the Services (excluding product purchases) in the twelve (12) month period preceding the applicable claim.

4. Matters Beyond Reasonable Control:

   • Any matter beyond AisleFLO’s reasonable control.

Please note that some states do not allow the exclusion or limitation of incidental, consequential, or certain other damages, so the above limitations and exclusions may not apply to you.

Indemnity

By using the Platform and Services, you agree to indemnify and hold the AisleFLO Parties harmless from any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees). These claims may arise from your use of the Platform, any actions taken by a third party using your account, or your violation of these Terms. In the event of such a claim, we will make an effort to notify you using the contact information associated with your account. However, failure to deliver such notice will not reduce your indemnification obligations.

Assignment

You are not allowed to assign, delegate, or transfer these Terms, your rights, or obligations under them, or your Services account without AisleFLO’s prior written consent. On the other hand, we reserve the right to transfer, assign, or delegate these Terms and our associated rights and obligations without requiring consent.

Choice of Law

These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Ontario and Canada, without regard to conflicts of laws provisions.

Arbitration Agreement

Please carefully review this Arbitration Agreement, as it outlines the process for resolving certain disputes and claims with AisleFLO. Additionally, it specifies the limitations on seeking relief from AisleFLO. Both you and AisleFLO acknowledge that AisleFLO’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Personnel will have the right (and will be considered to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

1. Arbitration Rules and Applicability:

   • The parties must make good-faith efforts to settle any dispute, claim, question, or disagreement related to these Terms through negotiations. Such negotiations are a precondition before initiating arbitration.

   • If negotiations fail to resolve the dispute, it will be conclusively settled through binding arbitration in San Francisco County, Ontario.

   • The arbitration will be conducted in English, following the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) in effect at the time. An experienced commercial arbitrator, specializing in intellectual property and commercial contract disputes, will preside over the proceedings. The arbitrator will be selected from the appropriate list of JAMS arbitrators according to the Rules.

   • The award rendered by the arbitrator may be entered in any court with competent jurisdiction.

2. Costs of Arbitration:

   • The Rules govern payment of all arbitration fees.

   • AisleFLO will cover all arbitration fees for claims totaling less than seventy-five thousand dollars ($75,000).

   • AisleFLO will not seek attorneys’ fees and costs in arbitration unless the arbitrator deems your claim frivolous.

Arbitration Agreement

Please carefully review this Arbitration Agreement, as it outlines the process for resolving certain disputes and claims with AisleFLO. Additionally, it specifies the limitations on seeking relief from AisleFLO. Both you and AisleFLO acknowledge that AisleFLO’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Personnel will have the right (and will be considered to have accepted the right) to enforce these Terms against you as third-party beneficiaries.

1. Arbitration Rules and Applicability:

   • The parties must make good-faith efforts to settle any dispute, claim, question, or disagreement related to these Terms through negotiations. Such negotiations are a precondition before initiating arbitration.

   • If negotiations fail to resolve the dispute, it will be conclusively settled through binding arbitration in San Francisco County, Ontario.

   • The arbitration will be conducted in English, following the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) in effect at the time. An experienced commercial arbitrator, specializing in intellectual property and commercial contract disputes, will preside over the proceedings. The arbitrator will be selected from the appropriate list of JAMS arbitrators according to the Rules.

   • The award rendered by the arbitrator may be entered in any court with competent jurisdiction.

2. Costs of Arbitration:

   • The Rules govern payment of all arbitration fees.

   • AisleFLO will cover all arbitration fees for claims totaling less than seventy-five thousand dollars ($75,000).

   • AisleFLO will not seek attorneys’ fees and costs in arbitration unless the arbitrator deems your claim frivolous.

3. Waiver of Jury Trial:

   • YOU AND AISLEFLO EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

   • Instead, both parties choose to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, efficient, and less costly than court rules. Court review of arbitration awards is very limited.

   • In any litigation between you and AisleFLO regarding whether to vacate or enforce an arbitration award, YOU AND AISLEFLO EACH WAIVE ALL RIGHTS TO A JURY TRIAL and opt for resolution by a judge.

4. Waiver of Class or Consolidated Actions:

   • ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

   • Claims involving more than one customer or user cannot be arbitrated or litigated jointly or consolidated.

   • If the waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor AisleFLO is entitled to arbitration; instead, all claims and disputes will be resolved in court as set forth in section (g) below.

(f) Opt-Out: You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address:

150 Elgin St, Suite 1000, Ottawa, Ontario K2P 1L4 Attn: AisleFLO Legal

Your notice must be postmarked within thirty (30) days of first accepting these Terms. Please include the following information in your notice:

1. Your name and residence address.

2. The email address and/or telephone number associated with your account.

3. A clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue: If you send the opt-out notice in (f), or in any circumstances where the foregoing arbitration agreement permits either you or AisleFLO to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the arbitration agreement will not apply to either party. Both you and AisleFLO agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in San Francisco County, Ontario, or the federal district in which that county falls.

(h) Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with AisleFLO.

Miscellaneous: You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. AisleFLO may, in its sole discretion, handle any of the foregoing on your behalf or for itself as it sees fit or to meet its legal obligations. The failure of either you or us to exercise any right herein shall not be deemed a waiver of any further rights under these Terms. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

You and AisleFLO agree that these Terms constitute the complete and exclusive statement of the mutual understanding between you and AisleFLO. These Terms supersede and cancel all previous written and oral agreements, communications, and other understandings related to the subject matter herein.

Additionally, you acknowledge and agree that you are not an employee, agent, partner, or joint venture of AisleFLO. Furthermore, you do not possess any authority to bind AisleFLO in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, both parties agree that there are no third-party beneficiaries intended under these Terms.