Terms of Use

Terms of Use
Date last updated: October 10, 2022

Introduction

Thanks for choosing deBuyco ("we", "us", "our") for your online purchasing. By signing up or otherwise using deBuyco services, website, software, and software applications, (together, the "Service"), or accessing any content or material that is made available through the Service (the "Content"), you are entering into a binding contract with deBuyco.

Software and software applications means any software, including any updates or upgrades to the software and any related documentation, that we make available to you from time to time for your use in connection with the Services (the "Software").

Your agreement with deBuyco includes these Terms of Use and our Privacy Policy (together the "Agreements"). You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you do not agree with or do not wish to be bound by the Agreements, then you may not use the Service. You declare that any registration information that you submit to deBuyco is true, accurate, and complete, and you agree to update any changes.

deBuyco reserves the right to make changes to the Agreements at any time without notice. Any modifications to the Agreements will be effective upon posting. You agree to review the Agreements periodically so that you are aware of any modifications. Eventually, deBuyco will send email notices to you to provide updates and information about changes, but in the meantime, please check back for changes and updates. The date at the top of Terms of Use will indicate when the page was last updated. Your continued use of the Service after any posted modifications indicates your acceptance of the Agreements.

deBuyco is currently released in Beta, which means we are working on improving our product to make it better for you. There may be some glitches and temporary interruptions as we start out, but stick with us and we promise you a whole new online shopping experience.

We appreciate and look forward to hearing from our users. If you have any feedback, issues or concerns, we urge you to contact us directly at customer.service@debuyco.com.

Eligibility

If you are under 18, you may use the Services only with involvement of a parent or guardian.

Account Terms

To access and use the Service, you must sign up and register for a deBuyco account ("Account") by providing your full name, address, phone number, a valid email address, and any other information indicated as required. The person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Agreements and will be the person who is authorized to use any corresponding account we may provide in connection with the Service. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole, unfettered, subjective, and absolute discretion.

You acknowledge that deBuyco will use the email address you provide as the primary method for communication.

You are responsible for keeping your password and devices secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

A breach or violation of any term in the Terms of Use as determined in our sole, absolute, and unfettered discretion, will result in an immediate termination of our Service to you.

Services and Information Collection

As long as you are signed into deBuyco, by using deBuyco, you can shop on any supported websites ("retailers") and deBuyco will automatically track and aggregate your products into a single cart. We gather shopping habits to provide you with tailored information to shop cheaper, better, and smarter. We provide a secured single checkout process that requires a few simple clicks to purchase your items. We collect and use your information and preferences to provide you with shopping solutions tailored specifically to you! Rest assured that our sophisticated vault keeps secure any necessary shopping data, such as usernames, passwords, addresses, and credit card information. Our system will provide you with automatic price comparison and product price trends. You will be able to share with your friends your cart, event registry, purchase history, and checkout list. Access to deBuyco and your cart will be available and shared across your devices. Moreover, you will be able to create a web-wide gift registry for your events.

deBuyco does not currently provide refunds. You should contact individual retailers if you need to return a product.

General Conditions

The Terms of Use will also apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Services (the "Software").

You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

You may not, and you will not, encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use deBuyco or deBuyco trademarks and/or variations and misspellings thereof.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is used in the same manner as if you were shopping on the retailer's website directly, and is encrypted during transfer over networks.

The Service operates as we effect transactions on your behalf with the retailer; however, we are not responsible for the transaction. Each retailer is an individual third party. Therefore, any issue must be resolved with the retailer directly.

You allow us to collect your information and utilize it to provide you with the best shopping experience specifically tailored to you.

You allow us to store your user information, address, and credit card information in our secured vault.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by deBuyco, is governed by our Privacy Policy.

Technical support is only provided to Account holders and is only available via email.

Our Rights

(1) We reserve the right to modify or terminate our Service for any reason, without notice at any time.
(2) We reserve the right to refuse Service to anyone for any reason at any time.
(3) We do not pre-screen third-party content and it is in our sole discretion to refuse or remove any content that is available through our Service.
(4) In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
(5) We retain the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, deBuyco reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Third Party Applications, Advertisements and Links to Third Party Sites

The Service is integrated with third party applications, websites, and services ("Third Party Applications") to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that deBuyco does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

Furthermore, we may display the advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on our site, any products, services or other materials relating to any such advertisement, any linked third-party site, or any link contained in a linked site.

Limitation of Liability

(1) You expressly understand and agree that deBuyco shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
(2) In no event shall deBuyco be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Services or the Agreements (however arising, including negligence).
(3) You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall any deBuyco software and to stop using the Service.
(4) Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
(5) deBuyco does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
(6) To the fullest extent permitted by law, in no event will deBuyco, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for
  1. Any indirect, special, incidental, punitive, exemplary, or consequential damages; or
  2. Any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Service.


Service Limitations and Modifications

deBuyco will make reasonable efforts to keep the Service operational; however, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, deBuyco reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that deBuyco has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law.

Severability, Waiver, and Complete Agreement

Should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

The failure of deBuyco to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and deBuyco and govern your use of the Service, superseding any prior agreements between you and deBuyco, including, but not limited to, any prior versions of the Terms of Use.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold deBuyco harmless from and against all damages, losses, and expenses of any kind (including reasonable solicitor fees and costs) arising out of:
(1) Your breach of this Agreement;
(2) Any activity in which you engage in through the Service; and
(3) Your violation of any law or the rights of a third party.

Choice of Law, Mandatory Arbitration, and Venue

(1) Choice of Law
  • The Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Use.
(2) Class Action Waiver
  • Where permitted under the applicable law, you and deBuyco agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and deBuyco agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
(3) Dispute Resolution and Arbitration
  • You agree that any dispute, claim, or controversy between you and deBuyco arising in connection with or relating to the Agreements or to your relationship with deBuyco as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. This arbitration provision will survive termination of the Agreements.
(4) Exceptions
  • Notwithstanding the above, you agree that nothing herein will be deemed to waive, preclude, or otherwise limit our rights, at any time, to
    1. Bring an action in small claims court,
    2. Pursue enforcement actions through applicable federal, state, or local agencies where such actions are available,
    3. Seek injunctive relief in a court of law, or
    4. File suit in a court of law to address intellectual property infringement claims.

Contact

Questions about the Agreements should be sent to customer.service@debuyco.com.