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    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 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.

    BY DOWNLOADING THE APP, CREATING AN ACCOUNT ON THE SITE OR OTHERWISE USING THE SERVICES AS A CUSTOMER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE.

    IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SITE, APPS OR ANY OF THEIR CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT OR USE OF THE SERVICES.

    IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

    1. The​ ​Service​

      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.

    2. 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 will incur a custom run delivery fee.

    3. 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.

    4. 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 to confirm the updated order and price. If we cannot get in contact with you, and have not received confirmation from you, the item in question will be removed from the order list.

    5. 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.

      Any personal information provided by you to us will be stored in accordance with our Privacy Policy. We recommend that all customers carefully read our Privacy Policy. You must keep your user login details and access to the App secure. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account, use of your password or compromise of your credit card details. Please contact us immediately if you suspect or become aware of any unauthorized use of your username or password or any other breach of security.

    6. Pricing

      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 increase or lower the standard delivery fee to compensate for any complications that may arise.

    7. Order Quotes

      All quotations are valid for 2 business days from the date stated on the quotation. After the 48 hour period, all prices are subject to change due to currency fluctuation, fuel prices and/or unforeseen economic circumstances.

      Please see Section "Additional Terms and Conditions for Custom Quotes" for further details.

    8. Custom​ ​Orders

      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 CLIENT 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.

      Please see Section "Additional Terms and Conditions for Custom Quotes" for further details.

    9. Delivery​ ​Details

      Deliveries will be made by our professional drivers within the selected timeframe (at time of order), unless otherwise agreed to by the SERVICE and customer. WE offer delivery service between the (6:00 AM for PRO members) 9:00 AM and 9:00 PM.

      Delivery service is based on the delivery zone and when an order was placed, as well as availability of delivery trucks. Please use the following table to match order input cut off times for delivery slots.

      Delivery Zones Cut Off Time
      Before 5 PM Main Zone 12 PM, Same Day
      Before 5 PM Extended Plus Zone 5 PM, 1 Day Before
      Before 5 PM Extended Zone 12 PM, Same Day
      Before 9 PM Main Zone 3 PM, Same Day

      All deliveries will be made curbside only and no products will be delivered inside any jobsite, unless otherwise agreed to by BIIIBO and the CUSTOMER. Please note that we take safety seriously, if a drop off point is dangerous to deliver to, we will notify the CLIENT and request a new location (extra fees may apply).

      WE will send a notification through THE APP when the delivery is en route to ensure you are ready to receive the delivery. If for any reason there is no one there to receive the delivery, it will be unloaded curbside and left 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.

    10. Your Conduct

      In using the Services you shall not:

      1. 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;
      2. 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;
      3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
      4. 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;
      5. collect or store personal information about other users of the Services; or
      6. 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.

    11. Changing/Cancelling​ ​Your​ ​Order​ ​and​ ​Returns

      If, for any reason, a change or cancellation must be made on an order that has been placed by or on behalf of the “CLIENTS”, the changes or cancellation must be made before the order is marked “on delivery” in THE APP or THE SITE under the CLIENTS’ account. It’s the responsibility of the CLIENTS to make sure they have access to THE APP or THE SITE at all times. An order is marked as “on delivery” after the items have been prepared for delivery. Any cancellations or changes made after the order is prepared for delivery marked “on delivery” by US on THE APP or THE SITE will not be considered, and the order will be delivered as previously requested.

      For any order cancellations, even if the material hasn’t shipped, BIIIBO, at its sole discretion, reserves the right to charge the customer an order cancellation fee equivalent to the price of Restocking Fee mentioned in section “Return Schedules”.

      BIIIBO will accept returned goods as laid out in the Return Policy. In certain circumstances, at BIIIBO’s sole discretion, BIIIBO may refuse a CLIENTS’ return.

      Return Policy

      BIIIBO reserves the right to process returned material in as efficient a timeline as possible. BIIIBO collects product returns on Thursdays and Fridays, weekly (excluding statutory holidays). All returns must be scheduled by CLIENTS through BIIIBO’s customer support team within the time period specified in applicable Return Schedule to the return. Please see the section “Return Schedules” to determine the timeline and Return Schedule applicable to the return. All claims for damages or shortage must be made by the CLIENTS within 1 business day of receipt of material.

      CLIENTS must ensure that the product(s) marked for return must be:

      1. In as-new condition as it was originally delivered by BIIIBO
      2. Securely Staged and ready for curbside pickup at the time of pickup

      In the event that the product(s) haven’t been staged and are not ready for pickup when the BIIIBO pickup arrives, the CLIENT, in addition to any pickup fees initially charged, will be charged an administrative fee of the greater of a 20% restocking fee or $100.

      In the event of a successful pickup for a return, once the item is back at BIIIBO’s warehouse, it will be inspected. Provided the product returned is in new condition, we will issue a refund and or wallet balance, less: 1. restocking fees (if applicable) and 2. return shipping fees (if applicable). Please see the section “Return Schedules” for more information on restocking fees and return shipping fees.

      In the event that during inspection the returned material is found not to be in as-new condition as it was originally delivered by BIIIBO, BIIIBO will not refund the CLIENTS for the material and will charge the CLIENTS an additional 20% disposal fee.

      CLIENTS must note that items and categories listed below, but not limited to, are considered final sale and are not eligible for return:

      1. All Engineered Wood Products (EWP)
      2. Custom Items (Non-Catalog): Items that BIIIBO does not carry in its catalog and were procured on request by the CLIENTS.

      It is the CLIENTS’ responsibility to check with BIIIBO’s customer support team to make sure that item is eligible for return.

      Return Schedules

      All returns are subjected to either Return Schedule-A or Return Schedule-B.

      Return Schedule-A is applicable for returns if the CLIENT meets all of the following criteria:

      1. Subscribed to BIIIBO PRO subscription at the time of placing the order.
      2. Subscribed to BIIIBO PRO subscription at the time of requesting the return.
      3. No lapse(discontinuation) in BIIIBO PRO subscription from the time of placing the order to the time of requesting the return.

      Return Schedule-B is applicable for returns if any of the following is applicable for CLIENT:

      1. Not subscribed to BIIIBO PRO subscription at the time of placing the order
      2. Not subscribed to BIIIBO PRO subscription at the time of requesting the return
      3. A lapse(discontinuation) in BIIIBO PRO subscription from the time of placing the order to the time of requesting the return.

      Return Schedule-A

      1. Pickup fees: Unless CLIENTS choose to bring the returned product(s) themselves to our distribution centre, all returns will be charged a return fee depending upon the original delivery address of the item(s) being returned and equipment needed by BIIIBO for the Return process. The fee structure for pickup fees is as follows if no special equipment is needed by BIIIBO for pickup:

        CLIENTS’ Delivery Location Price
        Main Delivery Zone for orders weighing less than 3,500 lbs and with a maximum item length of 16’ $60
        Other Zones A pickup fee will be quoted upon request
        Orders weighing more than 3,500 lbs or with an item longer than 16’ in length A pickup fee will be quoted upon request

        CLIENTS must note that BIIIBO collects product returns on Thursdays and Fridays only. In the event that an exception is made on behalf of the CLIENTS’ request, CLIENTS may be charged an additional charge, which, will be quoted upon request.

        CLIENTS can contact BIIIBO customer support team for more information about the delivery zone applicable to CLIENTS’ address.

      2. Restocking fees: All returns will be subjected to restocking fees based on the category(s) of the product(s) being returned. The fee structure for restocking fees is as follows:

        Product Category Fee as %
        Lumber 20%
        All Other Products 10%

      3. All returns must be scheduled by CLIENTS through BIIIBO’s customer support team within 60 calendar days from the date of delivery.

      Return Schedule-B

      1. Pickup fees: Unless CLIENTS choose to bring the returned product(s) themselves to our distribution centre, all returns will be charged a return fee depending upon the original delivery address of the item(s) being returned. The fee structure for pickup fees is as follows if no special equipment is needed by BIIIBO for pickup:

        CLIENTS’ Delivery Location Price
        Main Delivery Zone for orders weighing less than 3,500 lbs and with a maximum item length of 16’ $60
        Other Zones A pickup fee will be quoted upon request
        Orders weighing more than 3,500 lbs or with an item longer than 16’ in length A pickup fee will be quoted upon request

        CLIENTS must note that BIIIBO collects product returns on Thursdays and Fridays only. In the event that an exception is made on behalf of the CLIENTS’ request, CLIENTS will incur an additional charge of $40.

        CLIENTS can contact BIIIBO customer support team for more information about the delivery zone applicable to CLIENTS’ address.

      2. Restocking fees: All returns will be subjected to restocking fees based on the category(s) of the product(s) being returned. The fee structure for restocking fees is as follows:

        Product Category Fee as %
        Lumber 20%
        All Other Products 10%

      3. All returns must be scheduled by CLIENTS through BIIIBO’s customer support team within 30 calendar days from the date of delivery.

    12. Additional Terms and Conditions for Custom Quotes

      In the event the CLIENTS get a custom quote, prepared by BIIIBO on behalf of the CLIENTS, the order will be subject to the additional terms and conditions listed below:

      1. CLIENTS must note that the material list and custom quote provided by BIIIBO are just an estimate and not a guarantee. CLIENTS alone are solely responsible for any losses, repercussions or discrepancies resulting directly or indirectly from the material list and custom quote. As such, BIIIBO cannot be held responsible for such losses, repercussions or discrepancies by CLIENTS or any other third parties.
      2. All Custom quotes provided by BIIIBO to CLIENTS are valid for 2 business days from the date the quotation was prepared by BIIIBO, unless otherwise specified on the quotation. Prices are subjected to change if CLIENTS do not both confirm the order and pay a 25% deposit of the total amount in the quotation within the validity period of the Custom Quote.
      3. All lumber prices quoted to CLIENTS are based on stud grade or #2 and better material. Any modifications to this must be given to the sales representative and noted on the quotation or order. If there are no notes outlining a different grade of lumber, the lumber will be either stud grade or #2 or better.
      4. In case the Custom Quote has already been prepared by BIIIBO and the CLIENTS requests any additional material, BIIIBO may, without any prior notice, cancel the earlier quotations to the CLIENT and re-quote the CLIENT with a new price.
      5. Once an order is successfully placed by or on belief of the CLIENTS with BIIIBO, any changes to the order, even if the material has not shipped, will be subjected to an order cancellation fee equivalent to the price of Restocking Fee mentioned in section ”Return Schedules”.
      6. BIIIBO must receive a 25% rolling deposit on the orders at all given points of time, till the time order is completely delivered. The deposit will be applied against the last material being delivered in the custom quote.
      7. Once an order is placed and BIIIBO has received a deposit on the custom quote, BIIIBO reserves the right to not accept any cancellation or modification request to the order.
      8. 8. The CLIENTS will be provided a delivery date by BIIIBO. Any order that is not delivered by that date due to a CLIENTS request, will be subject to:

        1. Warehousing fees (will be quoted by BIIIBO at the time of the CLIENTS request).
        2. A potential price change on any or all the items quoted, as per BIIIBO’s discretion.
      9. A representative from the CLIENTS must be onsite to receive the material. If a representative from the CLIENT is not onsite to receive the material, BIIIBO reserves the right to bring the material back to its warehouse and charge the CLIENTS the corresponding pickup and restocking fees.
      10. All custom quotes will be delivered in one delivery. Should the CLIENTS request that a custom quotes is delivered in more than one delivery, additional deliveries fees will apply. BIIIBO will quote these delivery fees at the time of request by the CLIENTS.
      11. All credit card payments will be subjected to a 3% surcharge.

      All BIIIBO terms and conditions are subject to change without notice.

    13. 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.

      Chargebacks or fraudalent payments are subject to a $100 fee per transaction.

    14. 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.

    15. 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.

    16. Service​ ​Changes​

      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.

    17. 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:
        1. product liability claims;
        2. any claim that the App fails to conform to any applicable legal or regulatory requirement;
        3. claims arising under consumer protection or similar legislation.; and/or
        4. 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.

    18. Feedback

      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.

    19. Third-Party​ ​Sites

      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.

    20. Termination

      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:

      • breaches or violations of these Terms of Use (including, without limitation, non-payment of any fees owed in connection with the Services,
      • 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 acknowledge and agree that all terminations may be made by US in its sole discretion and that WE shall not be liable to you or any third-party for any termination of your access to the Site, App or Services or for the removal of any of the materials uploaded by you to the Site, App or Services. Any termination of these terms of use by We shall be in addition to any and all other rights and remedies that we may have.

    21. Indemnity

      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.

    22. General

      These Terms of Use, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the use of the Site, App and Services and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of US to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by US must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these Terms of Use without restriction. These Terms of Use are governed by the laws of the Province of Ontario without regard to choice of law principles. The parties hereby irrevocably adorn to the jurisdiction of the courts of Ontario.