ATADEL INC. PLATFORM TERMS AND CONDITIONS
LAST UPDATED: March 16, 2024
OVERVIEW
Welcome and thanks for choosing Atadel! These Terms and Conditions form a legally binding contract between ATADEL INC. (“we” or “us”) and the people (“Users” or “you” or “your”) that access and use our Platform located at www.atadel.ca or any related website or mobile app(s) controlled by us (collectively, the “Platform”). These Terms and Conditions apply to all services provided through our Platform and any other software application we operate, and all content, services, and products available at or through the Platform.
IT IS VERY IMPORTANT THAT YOU READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS BEFORE USING THE PLATFORM. BY AGREEING TO THESE TERMS AND CONDITIONS AND USING THE PLATFORM, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WHICH WILL IMPACT YOUR RIGHTS.
BY ACCESSING ANY PART OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU ARE ALSO CONFIRMING THAT YOU HAVE READ AND FULLY UNDERSTOOD THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO OR UNDERSTAND ALL OF THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES AVAILABLE ON THE PLATFORM.
THESE TERMS AND CONDITIONS SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICY AND ANY OTHER RULES, GUIDELINES, OR POLICIES POSTED ON THE PLATFORM.
1. SERVICES
Atadel is a convenience technological Platform which connects Users looking to shop for products from their favorite retailers, with individuals (“Shoppers”, “Personal Shoppers”, “Drivers”) willing to assist with shopping and delivery of the products to the Users. Users can shop for available items through our App as they would in stores. Users can only shop from a retailer at a time (1 order per retailer), but you are able to place multiple orders from multiple retailers at a time. Upon checkout, the order becomes available to Shoppers who pick and pack the items ordered, and also deliver the order to the preferred/selected location of the User in minutes or at the selected time slot chosen by the User.
Shoppers/Drivers are independent contractors and are third party service providers only. They are not employees of Atadel Inc, which means Atadel does not have direct control over their levels of service, expertise or control how they decide to conduct themselves.
Your decision to make use of Atadel’s Platform to order your needs and essentials from your retailer of choice will be considered a deliberate one, and an authorization for our third party service providers to shop and deliver on your behalf from the specific retailer that you have decided to order from using the Platform. Atadel is autonomous and not necessarily affiliated with, or sponsored by the retailers featured on the Platform.
You acknowledge and agree that Atadel does not itself sell products or offer delivery services, and has no responsibility or liability for the actions of any retailer or any Shopper. Atadel is not the retailer of any products offered by retail stores, nor is it a delivery service business. Atadel provides a Platform that connects orders by Users from retailers to be delivered by Shoppers. We will not assess or guarantee the suitability, legality or ability of any Shopper and/or retailers. You agree that Atadel is not responsible for the safety of the product(s), or performance or behaviour of the Shopper(s).
The services offered on the Platform are subject to change over time. By using the Platform, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
AtadelSend Terms and Conditions (Effective September 1, 2023)
AtadelSend is an additional service offered through the Atadel platform, specifically for package delivery. By using AtadelSend, you agree to the following terms and conditions in addition to the general Atadel platform terms and conditions outlined above:
- AtadelSend Service: AtadelSend is a service that allows you to request a driver to transport your package(s) to a designated drop-off location or to receive a package sent to you from a designated sender. The service is designed for local delivery within a single geographical area, excluding international border crossings.
- Requesting a Delivery: To use AtadelSend, you can tap the “Send a Package” button on the Atadel’s website to make a delivery request. By using AtadelSend, you agree to pay the delivery fee, using the preferred payment method provided by Atadel. Driver won’t be connected and dispatched until the delivery fee is paid.
- Package Content: You are responsible for ensuring that the packages you send or receive through AtadelSend do not contain prohibited items. Prohibited items include, but are not limited to, alcohol, medication, recreational drugs, dangerous items, or illegal items.
- Delivery Instructions: You must provide clear and accurate delivery instructions. If you need the driver to leave the package at the recipient’s door, you can include specific instructions in the delivery request.
- Delivery Guarantee: Drivers will make reasonable efforts to deliver packages within the agreed-upon timeframe, but we do not guarantee delivery times and are not liable for delays beyond our control.
- Recipient Availability: The package recipient should be available to meet the driver at the designated drop-off location. Failure to do so may result in additional charges or delivery issues.
- Package Damage or Loss: Atadel does not provide insurance coverage for package loss, theft, or damage caused by third parties during the delivery process or due to packages that are not properly secured.
- Cancellations and Refunds: Cancellation of a delivery request may result in a fee. Refunds for canceled deliveries or other issues will be processed in accordance with Atadel’s refund policy.
- Driver Interaction: Drivers may contact you through your contact information for coordination purposes. You are encouraged to communicate with the driver regarding any issues or special instructions.
- Compliance: You agree to comply with all applicable laws and regulations when using AtadelSend.
Please note that these AtadelSend terms and conditions are subject to change, and you should review them regularly. Your use of AtadelSend signifies your acceptance of these terms and conditions.
2. PAYMENT PROCEDURES (CONTINUED)
Your decision to use the Platform is an agreement and authorization to charge the credit card or any form of payment on the Platform which is attributed to the User account. The charge or authorization will be used to pay for the products you have purchased through the Atadel Platform from your retailer of choice. This will be in addition to the applicable fees and taxes.
We reserve the right to change minimum order values required from time to time. Users will be notified of any minimum order value before checkout or payment. We may also limit the quantity of items that could be ordered at a time.
Prices on the Platform may vary from in-store prices. The prices payable for products and menu items are as stated on the Platform.
Service fee will apply. This fee will be used to keep the Platform operational, and also to pay Shoppers for the assistance they are providing to Users and the community at large. Service fees are non-refundable except when an order is successfully canceled in full, before a Shopper accepts the order. The prices on the Platform are in Canadian Dollars ($CAD), which is the currency of Canada where Atadel currently operates. Delivery Fees will apply to every order and will vary based on the distance from the User’s retailer of choice to the User’s preferred location selected during checkout.
It is your responsibility to keep your authorized payment card valid and up to date at all times. We may terminate or block access to your account if we discover any fraudulent activity regarding payment on the Platform, and/or if your payment card becomes expired or otherwise invalid at the time of payment.
For purposes of processing payments, we use the following service provider: STRIPE
Before using the Platform, you must first review and approve the terms and conditions governing the use of these third-party payment processors, which are available at the following Platform(s): https://www.stripe.com
You may make In-App purchases through the Platform. If you choose to make an In-App purchase, then the App Store Provider’s Terms and Conditions and/or end User license agreement from which you originally downloaded the Platform shall also be applicable. You acknowledge and agree that all billing and transaction processes for In-App purchases are governed by the App Store Provider from which you originally downloaded the Platform.
Atadel reserves the right to change all fees associated with the services it provides on the Platform without prior notice to Users and/or all stakeholders.
3. REFUND, RETURNS AND DELIVERY (CONTINUED)
Refunds are only issued when an item is unavailable or out-of-stock. For wrong and/or damaged products/items, a proof may be required from the User to qualify for refund for the item and we may also arrange for the item to be picked up before any refund is issued at our discretion. If the item appears to have been used/consumed/tampered with in any way, you may not qualify for a refund for the item. If any fraudulent or suspicious activity/deception is discovered regarding claims by the User, it may result in the termination of the User account from the Platform and further legal actions could be taken against the User.
We are not able to support any returns on our platform. Please ensure that you double check your order properly before placing it. You can contact [email protected] to inform us of any problems with your order. You are able to cancel your order (for free) before it is assigned to your Shopper. Cancelation after that will result in a fee of $20.
Atadel offers an on-demand, same-day delivery service (through third party independent contractors “Shoppers”) and aims to deliver to your doorstep within minutes.
Please note that there could be some unforeseen circumstances/factors that could cause delays (i.e. bad weather/road conditions, long checkout queue at the stores, etc) and/or order cancellation by us (If this happens, Users won’t be charged for cancellation and any actions we take will be at our sole discretion).
Users will be responsible for the acceptance of their order(s) within the delivery time slot selected, and the address provided at checkout on the Platform. Changes to delivery address after order has been accepted by the Shopper is not advised, as it will result in additional charges to the User for the Shopper. Users are strongly encouraged to double-check delivery addresses before checkout on the platform.
Users will NOT be refunded for any undelivered order that is caused by the User’s inability to accept the order. These reasons may include but are not limited to: User not answering the phone/buzzer/doorbell or just generally unresponsive, User providing wrong address, User not physically available to provide evidence of age for alcohol products.
4. YOUR ACCOUNT (CONTINUED)
In order to fully use the Platform, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Platform, and which you are required to approve before creating an account. If you agree to use the services, you are responsible for maintaining the confidentiality of your account, password and other information provided by you. You are fully responsible for all activities that occur under your account and/or password. You agree to monitor your account to prevent use by minors and you will be responsible for any unauthorized use of your account and/or password. You must inform us immediately if you discover any unauthorized usage or access to your account and/or password. Atadel will not be liable and you may be liable for any losses, damages, liability, expenses, and/or fees incurred by Atadel or a third party arising from someone else using your account and/or password. By signing up to the Platform and/or by using the services, you agree that you may receive promotional/marketing emails and/or notifications, order invoices/receipts emails and/or notifications, and any other types of communication.
5. TERMINATION (CONTINUED)
We may suspend or terminate your ability to access the Platform, or cease to provide you with all or part of the our services at any time for any or no reason, including, if we believe: (i) you may have violated our Terms and Conditions, (ii) you have provided false, inaccurate or incomplete information to us; (iii) there’s prolonged inactivity; (iv) you are mistreating Shoppers/Drivers/Atadel Representatives; or (v) you’re claiming refunds for which you are not entitled or eligible. You can stop using the services at any time without notice to us, you may also request the deletion of your account (through email) at any time.
6. PROMOTIONS/COUPONS /SALES (CONTINUED)
From time to time, we may offer promotions or discounts on items via our Platform. These offers are made at our discretion and they are subject to change or be removed at any time. In-store sales/promotions/coupons DOES NOT apply on the Atadel Platform. Atadel is not a retailer or seller and Atadel is autonomous and not necessarily affiliated with, or sponsored by the retailers featured on the Platform. Atadel coupons are available for a limited time only and may be subject to certain restrictions and subject to change at any time.
7. LIMITATION OF LIABILITY (CONTINUED)
Except in a case where we are in violation of these Terms and Conditions, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Platform. Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Platform will be uninterrupted, secure or error-free. In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
8. INDEMNIFICATION (CONTINUED)
You agree to indemnify and hold harmless ATADEL INC., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Platform, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Platform.
9. SECURITY BREACHES (CONTINUED)
In order to protect your security, it is your sole responsibility to ensure that all Usernames and passwords used to access the Platform are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Platform that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
10. WARRANTIES AND REPRESENTATIONS (CONTINUED)
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Platform.
11. COMPLIANCE WITH LAWS (CONTINUED)
You represent and warrant that:
i. You have the authority to bind yourself to these Terms and Conditions;
ii. Your use of the Platform will be solely for purposes that are permitted by these Terms of Use;
iii. Your use of the Platform will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
iv. Your use of the Platform will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Platform. You must only use the Platform for your own lawful purposes, in accordance with these Terms and Conditions and any notice, policy or condition posted on the Platform. You may use the Platform on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms and Conditions.
12. AGE RESTRICTIONS (CONTINUED)
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Platform to those under 18. We do not permit any User under the age of 18 to use the Platform, except under supervision of an adult which is a guardian or parent.
13. GOVERNING LAW AND DISPUTE RESOLUTION (CONTINUED)
These Terms and Conditions and any access to or use of the Platform shall be governed by, and construed in accordance with, the laws in force in the Province of Alberta. If any claim, dispute or controversy occurs between ATADEL INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms and Conditions, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or ATADEL INC. Arbitration shall be held in the Province of Alberta, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
14. WAIVER OF CLASS ACTION (CONTINUED)
By using the Platform, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against ATADEL INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Platform. Where applicable, you hereby agree to opt out of any class proceeding against ATADEL INC. otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
15. GENERAL TERMS (CONTINUED)
AMENDING THESE Terms and Conditions
These Terms and Conditions may be updated and amended from time to time. We reserve the right to change these Terms and Conditions at any time, and any amended Terms and Conditions are effective upon posting to the Platform. We will make efforts to communicate any changes to these Terms and Conditions we deem material, in our sole discretion, via email or notifications on the Platform. Your continued use of the Platform will be deemed to be immediate and unconditional acceptance of any amended Terms and Conditions, whether or not we deemed the amendments to be material.
ASSIGNMENT
We may assign or delegate these Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under these Terms and Conditions, without our prior written consent, and any unauthorized assignment and delegation is void.
NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
NO AGENCY
The parties to these Terms and Conditions are independent contractors and are not partners or agents. ATADEL INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms and Conditions or your use of the Platform.
SEVERABILITY
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
ENTIRE AGREEMENT
These Terms and Conditions, in conjunction with all policies and guidelines available on the Platform (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and ATADEL INC. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms and Conditions.
16. CONTACT US (CONTINUED)
If you have any questions, concerns, or feedback regarding these Terms and Conditions or the Platform, please contact us at the following email address: [email protected].
Please read these Terms and Conditions carefully and thoroughly, and make sure you understand them fully. By using the Platform, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please do not use the Platform.