Terms of Service
BIIIBO TERMS OF SERVICE BIIIBO INC (“WE”/”US”/”OUR”/”BIIIBO”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.BIIIBO.COM (“THE SITE”/”WEBPAGE”) AND THE MOBILE APPLICATIONS WHICH ARE MADE AVAILABLE FOR DOWNLOAD ON, BUT NOT LIMITED TO, THE IOS AND ANDROID PLATFORMS (“THE APP”) FOR USE OF OUR PROPRIETARY PLATFORM WHICH ENABLES USERS (“CLIENTS”) TO ORDER CONSTRUCTION MATERIALS(“PRODUCTS”) AND HAVE THEM DELIVERED WITHIN 2 HOURS BY OUR TRAINED DRIVERS (“SERVICE PROVIDERS”)(COLLECTIVELY THE USE OF OUR SERVICE, APP AND SITES IS REFERRED TO HEREIN AS THE “SERVICES”).
THESE TERMS OF SERVICE (“TERMS”) APPLY TO ALL USERS OF THE SERVICE WHO WISH TO USE THE SERVICES AS CLIENTS TO ORDER AND RECEIVE CONSTRUCTION MATERIALS THROUGH OUR SERVICES BY OUR DRIVERS.
WHEN YOU USE THE SERVICES TO PLACE AN ORDER FOR PRODUCTS, YOU AUTHORIZE THE PURCHASE AND DELIVERY OF THOSE PRODUCTS FROM THE RETAILERS OF OUR CHOICE. YOU AGREE THAT YOUR PURCHASE IS BEING MADE FROM THE RETAILER OF OUR CHOICE, THAT BIIIBO IS THE MERCHANT OF RECORD, AND THAT TITLE TO ANY GOODS PASSES TO YOU AT TIME OF PURCHASE.
YOU AGREE THAT BIIIBO WILL OBTAIN A CREDIT CARD AUTHORIZATION FROM THE CREDIT CARD YOU HAVE ON FILE WITH US TO COVER THE COST OF THE GOODS YOU HAVE PURCHASED FROM US AND ANY SEPARATE BIIIBO FEES, AND YOUR CARD WILL BE CHARGED FOR THE GOODS PURCHASED BY YOU AND ANY APPLICABLE FEES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE IN THESE TERMS OR A SEPARATE AGREEMENT BETWEEN YOU AND BIIIBO, BIIIBO DOES NOT FORM ANY EMPLOYMENT OR AGENCY RELATIONSHIP WITH YOU AND DOES NOT HOLD TITLE TO ANY GOODS THAT YOU ORDER THROUGH THE SERVICES AFTER COMPLETION OF THE TRANSACTION.
- view a catalogue of construction materials available for order (individual stores stock permitting); (ii) create a list of desired materials for order with associated pricing;
- pay for the flat delivery charge of agreed items as well as the cost of the items ordered using the credit card details held on account through our third party payment provider;
- receive updates on the status of your delivery (picking items/out for delivery/5 minutes away and delivered) though the App.
BIIIBO grants you a limited, non-exclusive, non-transferable and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services.
You may only access the Services through the interfaces that WE provide for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of our Services), and you may not interfere or attempt to disrupt our Services. Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content.
You grant BIIIBO a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. BIIIBO may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in our Services may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using BIIIBO on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure.
BIIIBO reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
BIIIBO Inc is constantly modifying and improving our service. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant BIIIBO the right to use such feedback or comments for any purpose without restriction or payment to you.
Pricing of the Materials
Our prices are matched with the prices that are advertised by our material supplier. We routinely update our pricing based on our vendor’s pricing. In the event that the pricing on the App does not match our material supplier, the App price shall be the sale price. If you wish to have BIIIBO go to a specific store for a specific special the order must be processed through the “Custom Order” option which can have a different delivery price than regular orders.
Suppliers of the Materials
Retailers will be chosen by BIIIBO based on one or more, but not limited to, the following criteria: proximity to the delivery location of your order and/or other pending orders, ease of access and convenience. For the time being we will not be accepting request for items from a specific supplier unless the order is placed and accepted by the custom order option.
Out of Stock
Although construction material retailers may show an item as in stock, the reality of the in-store stock may vary. We reserve the right to modify any order that involves an out of stock item either by removing said item or making adjustments to the order. In the case of lumber, drywall and similar items, we will simply take the next size up for any given item (If 8 foot 2x4 are out of stock we will get 10 foot 2x4). In any case, WE will contact you twice by text message then twice by phone in order to confirm the updated order and price. After these attempts to contact you we still have not received confirmation the item in question will simply be removed from the order list.
Registering as a Customer
In order to use BIIIBO’s Services, you must register as a customer by providing your legal first name and last name, your legal business name, your industry, your email address and phone number. You must be at least 18 years old to register for the Services and have a valid credit card. By signing up to create an account with us, you represent and warrant that you have the right to engage the Service for the location that you list for receipt of the the materials delivered by us.
Rates for using the BIIIBO service are set out in the APP and the SITE, and may differ depending on whether you select a normal or custom order. All details of pricing will remain transparent to the customer. We reserve the right to lower the standard delivery fee to compensate for any complications that may arise. Custom orders are charged at 100$/hour plus a reasonable fee depending on the type of order/pick-up the CLIENT is asking US to do. Prices will be quoted on a case by case basis. We do offer a one-time free delivery on your first order with us, whether normal or custom, however this offer is only for contractor professionals.
The APP enables users to also make custom orders for items that are not in our catalogue or that exceed the maximum limits set out in the APP for regular orders. When placing a custom order, the CLIENTS must provide us any relevant information in the custom order section of the APP. Once the order has been received the CLIENT will be contacted by phone at the number provided in the CLIENTS account. The CLIENT will receive a custom order invoice by e-mail at the e-mail address registered on the account. Invoice must be paid in full before the order is processed.
Deliveries will be made by our professional drivers within 2 hours. WE offer same day delivery between the times of 7:00 AM and 5:00 PM. Any orders received after 3:30 PM will be marked for delivery the next morning. Deliveries will be made curbside only and no products will be delivered inside any jobsite for insurance reasons. Someone must be present to receive and help unload the delivery.
WE will send a notification through THE APP when the delivery leaves the store and when it is 15 minutes away to ensure you are ready to receive. If for any reason there is no one there to receive the delivery, it will be unloaded curbside and left there unattended. WE will not be held responsible for any missing items due to the materials being left unattended nor will any refund be given for lost or stolen materials while they were unattended.
In using the Services you shall not:
- copy or distribute any part of the App or Site (including any content) without our prior consent; alter or modify any part of the App or the Site;
- upload, post, email, transmit or otherwise make available on the App:
- any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable
- any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
- any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the App or that of any users or viewers of the App or that compromises a user's privacy;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Site or App, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- collect or store personal information about other users of the Services; or
- resell the content of the Site or App, the use of the Site or App, access to the Site or App or the content therein.
Changing/Cancelling Your Order and Returns
If for any reason a change or cancellation must be made on an order that has been placed through THE APP, the changes or cancellation must be made before the order is marked “on delivery” in THE APP. An order is marked as “on delivery” after the items have been picked, paid for, loaded in the delivery van and on route for delivery. Any cancellations or changes made after the order is marked “on delivery” by US on THE APP will not be considered and the order will be delivered as previously requested. BIIIBO will accept returned goods within 90 days of purchase with associated invoice. We charge a pickup fee of $60 and a 15% restocking fee on all returned goods (depends on the supplier).Biiibo may refuse any returns under certain circumstances.
Payments for Services and Materials Ordered
Payment for the Services must be made through THE APP using our selected third party processor. You agree that you will not offer to or make any payments outside of the functionality of THE APP. You represent and warrant that any credit card, payment and billing information you provide is complete and accurate and that you are authorized to use the credit card(s) you are using. When you complete your order on THE APP, a pre-authorization will be taken from your credit card. After purchasing the requested materials, BIIIBO will charge the credit card the full amount including the real cost of materials and delivery fees.
Disputes and Complaints
If you are dissatisfied with the Services provided by BIIIBO, you may lodge a formal complaint with us by contacting us through THE SITE, the APP or our toll free number 1-844-BIIIBO. We will work hard to resolve any disputes that may arise through the use of the BIIIBO service in an amicable and professional way. We will provide an outcome which will be agreed upon by all parties involved within 14 days of the original complaint when possible. If the dispute cannot be resolved then BIIIBO will use any reasonable means to attempt to resolve the dispute.
Copyright and Trademark
Information THE APP IP, Services, and Business Processes are the property of BIIIBO Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law international conventions and other intellectual property laws. All of our logos and branded content are trademarks or registered trademarks. Nothing contained on THE APP or THE SITE should be construed as granting, by implication, estoppel, or otherwise, any right to use THE SITE, THE APP or THE SERVICES or any materials displayed therein, through the use of framing or otherwise, except:
- as expressly permitted by these terms and conditions; or
- with the prior written permission of us. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App or within the Services.
We reserve the right to withdraw or amend, even dramatically alter the Services, and any service or material we provide through the Site or App, in our sole discretion without notice. Also, we will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of THE APP or THE SITE, or the entire SITE or APP, to users, including registered users.
App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you obtain a copy of the App from the Apple App Store, iTunes or GooglePlay ("Application Stores"). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 13, the more restrictive or conflicting terms and conditions in this Section 13 shall apply, but solely with respect to the App obtained from the Application Store which is owned or operated by a third party provider (the "Application Store Owner"). You acknowledge and agree that:
- This Agreement is concluded solely between BIIIBO and You and not with the Application Store Owner. BIIIBO not the Application Store Owner, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the App Store Terms of Service, the more restrictive or conflicting The Application Store Owner term will take precedence and will apply;
- The Application Store Owner has no obligation whatsoever to provide any maintenance and support services with respect to the App. BIIIBO is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify The Application Store Owner, and The Application Store Owner will refund the purchase price for App to you and to the maximum extent permitted by applicable law, The Application Store Owner will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BIIIBO’s sole responsibility;
- BIIIBO, not The Application Store Owner, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:
- product liability claims;
- any claim that the App fails to conform to any applicable legal or regulatory requirement;
- claims arising under consumer protection or similar legislation.; and/or
- intellectual property infringement claims;
- Any party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, The Application Store Owner will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Site, App and Services. If You provide us with any suggestions, comments or other feedback ("Feedback") relating to the App and/or Services or in relation to Service Providers or Service Provider Services, We may use such Feedback in the App or Services or in any other products or services we offer (collectively, "BIIIBO Offerings"). Accordingly, You agree that:
- we are not subject to any confidentiality obligations in respect to the Feedback,
- the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to US,
- we (including all of its successors and assigns and any successors and assigns of any of the BIIIBO Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any BIIIBO Offerings, and
- you are not entitled to receive any compensation or reimbursement of any kind from us or anyone else.
The Site and App may contain links to other Sites that are not owned or controlled by US. We are not responsible for the content of any linked Sites. Any third-party Sites or services accessed from the Site or App are subject to the terms and conditions of those Sites and or services and you are responsible for determining those terms and conditions and complying with them.
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Site, App or Services or portions thereof. Cause for such termination shall include, but not be limited to:
- requests by law enforcement or other government agencies,
- a request by You,
- discontinuance or material modification to the Site, App or Services (or any part thereof),
- unexpected technical, security or legal issues or problems, and/or
- participation by You, directly or indirectly, in fraudulent or illegal activities.
You shall indemnify, defend, and hold us (including our officers, directors, agents, and employees) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, and/or judgments (collectively "Claims"), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from us by reason of any Claim arising out of or relating to:
- bodily injury (including death) or damage to tangible personal or real property caused by any act, error or omission, or misconduct by You;
- violation of any law or regulation by You (including, without limitation, any privacy or personal information protection law or regulation); or
- breach of any warranties or material terms of this Agreement by You.