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Conditions of Use

Conditions of Use

These present Terms of Use govern the use by every person of the services, the platform, and the content owned, controlled or provided by Blue Ladybug. This document along with the privacy policy contains important legal information. By approving these Terms of Use, and by creating a profile and/or by using the services or the platform, you confirm having read and understood these Terms of Use and the privacy policy, and you accept that these Terms of Use, the privacy policy and any other rules regarding operations, policies, and procedures that may be published by Blue Ladybug on the platform are legally binding on you.

Acceptance of Terms of Use

By indicating approval of these Terms of Use, by creating a profile, and/or by using, in any way, the services or the platform, the user accepts all these Terms of Use, including the Privacy Policy.

If the user does not agree with the Terms of Use, the user must not access or use the platform in any way, directly or indirectly, or access or use any information or service offered by the platform, including any content or services.

As some services may be subject to additional terms and conditions, the user by accessing or using such services accepts such additional terms and conditions, and such additional terms and conditions are thereby incorporated by reference into these Terms of Use. If the user does not accept any such additional terms and conditions, the user shall not access or use such services, in any way.

You agree that it is your sole responsibility to ensure that your use of and access to the platform and services comply with the laws of your jurisdiction.

The services are available for use by those persons who are 18 years of age or older. You may not authorize third parties to use your profile, and you may not allow any persons under 18 years of age to receive services from Blue Ladybug, shoppers, delivery persons or third-party providers.  In certain instances, you may be asked to provide proof of identity and age to access or use the platform or services, and  you may be denied access to or use of the platform or services if you refuse to provide proof of identity and age.

You are responsible for all hardware, software, services (ie internet service), and equipment necessary to access and use the platform and services, including all related expenses.

Blue Ladybug

Blue Ladybug is a communication platform that facilitates the connection between users who wish to place orders for products from stores, and shoppers who carry out  shopping these orders on behalf of such users and delivered by the delivery persons. The amount paid in addition to the sale prices for the products corresponds to the payment for the services provided by our shoppers and delivery persons. The user accepts and acknowledges that each of the shopper and the delivery persons is a contractor independent of Blue Ladybug, and acts on behalf of the user and as an agent of the user in providing services relating to an order request, and that Blue Ladybug has no relationship with the user other than to provide shopping and delivery services as set out in these Terms of Use.  Payment by users for the services provided by shoppers and delivery persons for orders shall be provided by Blue Ladybug to such shoppers and delivery persons, and the user accepts that Blue Ladybug may charge commissions to shoppers and/or delivery persons for the services provided by shoppers and/or delivery persons.

Blue Ladybug has no control over the quality, time, legality, failures or any other aspects relating in any way to the services offered by shoppers and delivery persons; but has control only over those services provided directly by Blue Ladybug.

Modifications

At its sole discretion, Blue Ladybug may change or modify without any previous notice, these Terms of Use including the privacy policy. Modifications to the Terms of Use will be applied from the time of their publication on the Blue Ladybug platform and shall be applicable to all transactions occurring after such publication, without altering, in any way, the transactions executed prior to such publication.

Blue Ladybug will send you, at least 30 days before the amendment comes into force, a notice setting out the new or amended provision and the provision as it read formerly, and the date of the coming into force of the amendment. You may refuse the amendment and terminate these Terms and Use without cost, penalty or cancellation indemnity by sending Blue Ladybug a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in the Blue Ladybug’s obligations.

Non-Agency

The Agreement or your use of the Platform or Services does not create any contractual agency relationship, association, joint company, employer-employee, joint venture, partnership, affiliate, agency or franchisor-franchisee relationship between you and Blue Ladybug.

No Assignment

These Terms of Use are personal and cannot be delegated, assigned, transferred, assigned, delegated, or sublicensed, except with Blue Ladybug's prior and written consent. Blue Ladybug may assign, transfer, sublicense or delegate any of its rights and obligations in virtue of the present Terms of Use without the user's consent.

Unless otherwise stated in this Terms of Use, all notifications and warnings will be considered duly delivered from the earlier of: the moment of their publication on the platform, or the moment the user has been notified accordingly.

Contact

If there are any questions or doubts about the Terms of Use, including the Privacy Policy, the use of the platform, services or the profile, the user may contact Blue Ladybug via email at: blueladybugshopping@gmail.com. Messages received by Blue Ladybug at such email address will be processed as quickly as possible in a commercially reasonable manner.

Enforcing Security on the Platform

Blue Ladybug reserves the right to view, monitor, and record your activity on the platform without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be provided to: (i) law enforcement organizations in connection with investigation or prosecution of possible unlawful or criminal activity on the platform; (ii) government agencies as required for any disclosures required by or under applicable law; and (iii) other third parties as required for Blue Ladybug to comply with any  subpoenas or court orders involving requests for such information.

Applicable Law and Severability

These Terms of Use have been made and will be construed and enforced solely in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.

The Terms of Use including the privacy policy constitute a complete and entire agreement between the user and Blue Ladybug with respect to these services, platform, content use and other subject matter herein, and substitute all communication and proposals, prior or contemporary; either oral, written or electronic,  between the user and Blue Ladybug.

Miscellaneous

Injunctive Relief. You acknowledge that any breach, whether actual or threatened, of these Terms of Use, including, without limitation, with respect to unauthorized use of Blue Ladybug's proprietary rights or assets, will cause irreparable injury to Blue Ladybug, such injury would not be quantifiable in monetary damages, and Blue Ladybug would not have an adequate remedy at law. You therefore agree that Blue Ladybug shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that Blue Ladybug post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Blue Ladybug to enforce any provision of these Terms of Use.

Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Blue Ladybug of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

We make no representation that information on the platform or any services, content or Product provided via the platform, is appropriate or available for use in Canada. You accept the use of the platform, contents, products and services "as is".