Terms of Service

Please read these terms carefully before using BuyCan

Last Updated: March 6, 2024

Welcome to BuyCan. These Terms of Service ("Terms") govern your use of the BuyCan website, mobile application, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

Important Disclaimer: AI Product Verification

BuyCan uses artificial intelligence technology to verify and identify Canadian products. While we strive for accuracy, our AI verification system is not infallible. We cannot guarantee that every product listed on our platform is 100% Canadian-made or Canadian-owned. Users should review product details carefully and understand that BuyCan is not liable for any inaccuracies in product origin classification. By using our service, you acknowledge and accept this limitation.

1. Acceptance of Terms

By creating an account, making a purchase, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Account Registration

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms.

3. Product Information and Availability

We strive to provide accurate product information, including descriptions, images, pricing, and availability. However, we do not warrant that product descriptions or other content on the Service are accurate, complete, reliable, current, or error-free.

Canadian Product Verification: BuyCan employs artificial intelligence to identify and verify Canadian products. This technology analyzes various data points to determine a product's Canadian origin or connection. Despite our best efforts and technological capabilities, this system may occasionally misclassify products. Users should be aware that:

  • Our AI verification system has limitations and is continuously improving
  • Some products may be incorrectly classified as Canadian or non-Canadian
  • The definition of "Canadian product" may vary based on factors such as manufacturing location, company ownership, ingredient sourcing, etc.
  • BuyCan performs periodic manual reviews but cannot verify every product individually

We reserve the right to limit the quantity of items purchased and to discontinue any product at any time.

4. Pricing and Payment

All prices are shown in Canadian dollars and do not include applicable taxes, shipping, and handling charges, which will be added to your order total.

We reserve the right to change prices at any time. In the event of a pricing error, we reserve the right to cancel any orders placed for products listed at the incorrect price.

By providing a payment method, you represent that you are authorized to use the payment method and authorize us to charge your payment method for all orders placed.

5. Shipping and Delivery

Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by factors beyond our control, including but not limited to weather conditions, natural disasters, or carrier delays.

Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

6. Returns and Refunds

Our return and refund policy is outlined in our separate Refund Policy, which is incorporated into these Terms by reference.

7. User Content

You may be able to post, upload, or submit content to the Service, including product reviews and comments ("User Content"). You retain ownership of your User Content.

By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the Service.

You represent and warrant that your User Content does not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights, and does not contain libelous or otherwise unlawful material.

We reserve the right to remove any User Content at our discretion.

8. Prohibited Activities

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Violate or infringe other people's intellectual property, privacy, or other rights
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Attempt to gain unauthorized access to any part of the Service
  • Use any robot, spider, scraper, or other automated means to access the Service
  • Introduce any viruses, trojan horses, worms, or other harmful materials
  • Impersonate or misrepresent your affiliation with any person or entity

9. Intellectual Property

The Service and its original content, features, and functionality are owned by BuyCan and are protected by copyright, trademark, and other intellectual property laws.

You may not use, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Service without our express written permission.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYCAN AND ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  • ERRORS OR INACCURACIES IN PRODUCT INFORMATION, INCLUDING CANADIAN ORIGIN VERIFICATION

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.

12. Indemnification

You agree to indemnify, defend, and hold harmless BuyCan and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your User Content

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located within Canada.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and BuyCan regarding the Service and supersede all prior agreements and understandings.

If you have any questions about these Terms, please contact us at legal@buycan.ca.