Terms and Conditions

Last Updated: 13 th October 2023

ACCEPTANCE OF THE PLATFORM TERMS OF SERVICE

Please read the Terms of Service carefully. The Terms of Service (“Agreement”) constitute
a legal agreement between you (“you”, “your”) and Click Cart Services Inc. operating as Click
Cart (“Click Cart”, “we”, “us” or “our”) governing your use of our platform (the “Click Cart
Platform”), including the Click Cart’s website located at www.clickcartonline.com and any
subdomains used in connection with or related to the same and any future versions (the
“Site”),Click Cart mobile applications (collectively, the “App”), Click Cart Coupon and Credit
Program (the “Click Cart Coupons and Credits”) and other products and services.  By
agreeing to these Terms or by using our Platform, you agree to be bound by these Terms, as
they are amended from time to time, the documents referred to in them and our Privacy Policy,
found at www.clickcartonline.com/privacy (the “Privacy Policy”). If you do not agree with or
accept any of these Terms, you should cease using the Platform immediately.
By using this Platform, you represent and warrant that you are the legal age of majority in your
jurisdiction of residence. If you do not meet all these requirements, you must cease using this
Platform immediately. The terms “User” and “Users” refer to all individuals and other persons
who access or use the Services, including, without limitation, any organizations that register
accounts or otherwise access or use the Services through their respective representatives.
Except as otherwise provided in this Agreement, if you do not agree to be bound by the
Agreement, you may not access or use Click Cart’s Services.

ADDITIONAL TERMS OF SERVICE

By using the Services, you agree to be bound by this Agreement and acknowledge and agree
to the collection, use, and disclosure of your personal information in accordance with Click
Cart’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of
our Services may be subject to additional Terms of Service, which to the extent permitted by
applicable law are incorporated herein by reference.
These Terms of Service may be supplemented or replaced by Additional Terms of Service
(“Additional Terms of Service”) relating to specific content, promotions, redemptions or
Products (as defined below) made available or supplied by us using the Platform. Additional
Terms of Service will be made available on relevant pages of the Platform. Additional Terms of
Service shall prevail to the extent that there is any conflict or inconsistency with any other of
these Terms of Service.

THE CLICK CART PLATFORM

The Click Cart Platform enables you to order (collectively “Order”) products (collectively
“Products”) from third party restaurants and grocery stores (“Restaurants and Grocers”) or
other third-party service providers (“Traders” which includes “Restaurants and Grocers”
unless the context otherwise requires) and to receive the delivery of the Products from third-
party Delivery Drivers (the “Carters”).  You acknowledge and agree that Click Cart does not
provide any Products or delivery services to you and that all Products are provided by
independent third-party Traders and delivery services are provided by independent third-party
Carters.
The downloading and viewing of the Click Cart Platform or the Content is done at your own risk.
Click Cart cannot and does not guarantee or warrant that the Click Cart Platform or the Content
are compatible with your computer system or that the Click Cart Platform or the Content, or any
links from the Click Cart Platform or the Content, will be free of viruses, worms, malware, trojan
horses or disabling devices or other code that manifests contaminating or destructive properties.
You are responsible for implementing safeguards to protect the security and integrity of your
computer system, and you are responsible for the entire cost of any service, repairs or
connections of and to your computer system that may be necessary as a result of your use of
the Click Cart Platform.

MODIFICATIONS TO THE TERMS OF SERVICE AND THE PLATFORM

Click Cart reserves the right to modify the Terms of Service of this Agreement or its policies
relating to the Technology or Services at any time. All such modifications are effective
immediately upon posting and apply to all access to and continued use of the Platform. You
agree to periodically review these Terms of Service to be aware of any such modifications and
your continued use shall be your acceptance of these modifications.
The information and material on this Platform, and the Platform, may be changed, withdrawn, or
terminated at any time in our sole discretion without notice. We will not be liable if, for any
reason, all or any part of the Platform is restricted to users or unavailable at any time or for any
period.

USER ACCOUNT AND SECURITY

It is a condition of your use of the Platform that all the information you provide on the Platform is
Accurate Information. You represent and warrant that all information supplied by you on the
Click Cart Platform (including information provided by you to create an account for use of the
Click Cart Platform (a “Click Cart Account”) or in connection with your use of the Click Cart
Services is true, accurate, current, and complete.

Any Click Cart Account must be kept secure, and you agree that you will not share or disclose
your Click Cart Account credentials with anyone. Any username, password, or any other piece
of information chosen by you, or provided to you as part of our security procedures, must be
treated as confidential, and you must not disclose it to any other person or entity. You
understand and agree that your account is personal to you, and you agree not to provide any
other person with access to the Platform or portions of it using your username, password, or
other security information. You agree to notify us immediately of any unauthorized access to or
use of your username or password or any other breach of security. You are responsible for any
password misuse or any unauthorized access. Always use a strong password or limit its use to
your Click Cart Account. You may browse some of the Click Cart Platform without creating a
Click Cart Account.
Unfortunately, the transmission of information via the Internet is not completely secure. Although
we do our best to protect your personal information, we cannot guarantee the security of your
personal information transmitted to our Platform. Any transmission of personal information is at
your own risk. We are not responsible for circumvention of any privacy settings or security
measures contained on the Platform.
Click Cart reserves the right to deny your request for a Click Cart Account (including
usernames) and to disable or terminate access to any Click Cart Account (including usernames)
issued to you at any time in Click Cart’s sole discretion. If Click Cart disables access to a Click
Cart Account issued to you, you will be prevented from accessing the Click Cart Platform or the
Click Cart Services, your Click Cart Account details, Orders, or other information that is
associated with your Click Cart Account.
We reserve the right at any time and from time to time, to disable or terminate your account, any
username, password, or other identifier, whether chosen by you or provided by us, in our sole
discretion for any or no reason, including any violation of any provision of these Terms. You are
prohibited from attempting to circumvent and from violating the security of this Platform,
including, without limitation: (a) accessing content and data that is not intended for you; (b)
attempting to breach or breaching the security and/or authentication measures which are not
authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks;
(d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise
disrupting the Platform owner’s ability to monitor the Platform; (f) using any robot, spider, or
other automatic device, process, or means to access the Platform for any purpose, including
monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan
horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h)
attacking the Platform via a denial-of-service attack, distributed denial-of-service attack,
flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper
working of the Platform.

RESTAURANT AND GROCERY ORDERS

You may use the Click Cart Platform to Order Products from Restaurants and Grocery Stores.
Once an Order is placed, you may not change or cancel an Order. We, in our sole discretion,
may reject or cancel your Order. The Restaurant and the Grocery Store may also reject or
cancel your Order.

If you would like to make a change to an Order, you can contact the Restaurant or the Grocery
Store our customer service (at the email address below) and we will attempt to assist with the
requested change. However, as noted in the previous paragraph, you are not entitled to change
your Order and we do not guarantee that the requested change will be made.
When you place an Order, you will be provided with an estimate of the time your Order will be
delivered. Delivery times are estimates only and neither Click Cart nor the applicable Traders
or Carters guarantees that your Order will be delivered by the estimated time.
You understand and agree that Orders are placed with the applicable Restaurant or the Grocery
Store (“Traders”) and delivered by third party Delivery Drivers (“Carters”). Click Cart is not
responsible for the fulfillment of an Order, including delays or food quality issues. As such, if you
have an issue with your Order or Products, you must contact the Traders directly to attempt to
resolve the issue.

ALCOHOL ORDERS

You may use the Platform to order alcohol, including spirits, beer, and wine, to a residential or
private address. By submitting an Order for alcohol, you represent that you are 19 years of age
or older and you are not purchasing alcohol for anyone who is younger than 19 years of age or
any other person.
In order to complete the delivery, the person who accepts the delivery must (a) be 19 years of
age or older and (b) present a valid, government issued photo identification which sets out their
date of birth. We and our Carters reserve the right to refuse the delivery of alcohol for any
reason including, without limitation, if you fail to comply with the conditions set out in this
paragraph, if you or the person who accepts delivery appears to be intoxicated; if we or the
Carter suspect the alcohol was purchased for or may be consumed by an individual below the
legal drinking age; or if doing so may cause us to violate our legal obligations. If the Contractor
is unable to complete the delivery of alcohol products for one or more of these reasons, you are
subject to a non-refundable $20 Dollars re-stocking fee.
You may return an alcohol order within three (3) days if the alcohol has not been opened, it is in
saleable condition and if it is accepted for return by the alcohol retailer. We will issue a refund to
you within five (5) business days of acceptance of the return by the retailer. Any service or
delivery charges for the Order are non-refundable. You will also be charged an additional
service or delivery charge for us to pick up and process the return. If you order alcohol and the
alcohol is to be delivered, the delivery address must be a residential or private addresses. For
greater certainty, alcohol orders may be subject to time and location restrictions.

PAYMENT TERMS

You agree that, upon acceptance of your Order, Click Cart may charge the payment method
which you have provided to us, including applicable taxes. All payments are nonrefundable,
other than (a) payment for Orders which are subsequently rejected or canceled by us or the
Restaurant; and (b) payments for an alcohol Order which we or our Carter refuses to deliver,
provided that any delivery or service charge for the alcohol Order is non-refundable.

You are responsible to ensure that all payment information which you provide to us is current,
complete, and accurate. You acknowledge that payments on the Platform may be processed by
such third-party payment processors as Click Cart may determine from time to time.

Payment Processing Services

Payment processing services for the Click Cart Platform are provided by payment services
providers as Click Cart may choose from time to time (collectively referred to as the “Payment
Processing Services Provider”). You hereby authorize Click Cart to share with the Payment
Processing Services Provider that financial information, banking details and transaction
information related to your use of the payment processing services and the Click Cart Platform.
You also agree that the Click Cart Services Inc is not responsible for the use or misuse of such
financial information, banking details and transaction information by the Payment Processing
Services Provider or any third party. It is your responsibility to keep your billing information up to
date.

Prices

Goods prices listed on the Click Cart Platform from Trader in Canada are in Canadian dollars
Product prices may not include applicable tax and delivery charges. Taxes and delivery charges
may be added at checkout and will be payable by you along with the Order price. You
understand that: (a) the prices for menu items displayed through the Services may differ from
the prices offered or published by Traders for the same menu items and/or from prices available
at third-party websites and that such prices may not be the lowest prices at which the menu
items are sold; (b) Click Cart has no obligation to itemize its costs, profits or margins when
publishing such prices; and (c) Click Cart reserves the right to change such prices at any time,
at its discretion. You are liable for all transaction taxes, including goods and
services/harmonized sales taxes, on the Services provided under this Agreement (other than
taxes based on Click Cart’s income). Goods’ prices, delivery charges and any other fees are
subject to change at any time at Click Cart’s or the Trader’s discretion.

No Refunds

Charges paid by you for completed and delivered orders are final and non-refundable. Click
Cart has no obligation to provide refunds or credits, but may grant them, in each case in Click
Cart’s sole discretion. You may be required to provide identification and/or a signature upon
pick up and/or receipt of certain orders, as communicated at the time you place your order; for
such orders, you agree and acknowledge that your purchase is non-refundable, you may not
receive a part of your order, and you may be subject to a non-refundable restocking fee.

Fees for Services

Click Cart may change the fees that Click Cart charges to you as we deem necessary or
appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small
Order Fees, and Surge Fees. Click Cart may charge to you a Service Fee for the convenience
of ordering through the Click Cart platform. None of the Service Fee, Delivery Fee, Small Order
Fee, Surge Fee, or any other fee charged to you by Click Cart is for any right to access, install
or use any Technology.

CLICK CART COUPON PROGRAM

Click Cart Coupons are valid for a limited time only. Click Cart reserves the right to modify or
cancel coupons at any time. If you do not purchase the qualifying items added to your Cart
when the coupon is in effect, the discount will not apply. The coupon applies only to qualifying
items displaying the coupon offer in your Coupon Book and on the item detail page. The coupon
offer will not be valid until it is applied to the qualifying item. The coupon may only be used on
Click Cart Platform and www.clickcartonline.com website. The promotion is limited to one
coupon per customer. If you return any of the items purchased with a coupon, the coupon
discount or value may be subtracted from the return credit.

Coupons have no cash, monetary or other value and cannot be converted into any currency
except as we, in our sole discretion, permit from time to time. Coupons are void if restricted or
prohibited by law.

CLICK CART CREDIT PROGRAM

Click Cart, at its sole discretion, may make promotional offers with different features and
different rates to any User. These promotional offers are subject to the terms of this Agreement
and may be valid only for certain Users as indicated in the offer. You agree that promotional
offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful
manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the
general public, unless expressly permitted by Click Cart; (iii) are subject to the specific terms
that Click Cart establishes for such promotional offer; (iv) cannot be redeemed for cash or cash
equivalent; and (v) are not valid for use after the date indicated in the offer or in Click Cart’s
Terms of Service for Promotional Offers and Credits. Click Cart reserves the right to withhold or
deduct credits or benefits obtained through a promotion if Click Cart determines or believes that
the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent,
illegal, or in violation of the applicable promotion terms or this Agreement. Click Cart reserves
the right to modify or cancel an offer at any time. Any credit issued by Click Cart is valid for 6
months from the date of issue except to the extent prohibited under applicable law and may not
be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your
account. Expired credits are no longer redeemable and cannot be used towards any order.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Platform and its entire contents, features, and functionality,
including, but not limited to, all information, software, code, text, displays, graphics,

photographs, video, audio, design, presentation, selection, and arrangement, are owned by
Click Cart, its licensors, or other providers of such material and are protected in all forms by
intellectual property laws including without limitation, copyright, trademark, patent, trade secret,
and any other proprietary rights.
The “Click Cart” and “Click Cart Services” name and logo and all related names, logos,
product and service names, designs, images, and slogans are trademarks of Click Cart or its
affiliates or licensors. You must not use such marks without the prior written permission of Click
Cart. Other names, logos, product and service names, designs, images, and slogans
mentioned, or which appear on this Platform are the trademarks of their respective owners. Use
of any such property, except as expressly authorized, shall constitute an infringement or
violation of the rights of the property owner and may be a violation of applicable law and could
subject the infringer to legal action.
Users are not permitted to modify copies of any materials from this Platform nor delete or alter
any copyright, trademark, or other proprietary rights notices from copies of materials from this
Platform.
Nothing in these Terms of Service grants you any rights in the Platform other than as necessary
to enable you to access the Platform. You shall not directly or indirectly reproduce, compile for
an internal database, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our Platform, in any form
or medium whatsoever except as permitted by us under these Terms or as expressly provided
under applicable law and/or under any Additional Terms. Any use of the Platform not expressly
permitted by these Terms of Service or under applicable law is a breach of these Terms and
may infringe or violate copyright, trademark, and other intellectual property or other proprietary
laws.

USER CONTENT

As a condition of your access and use, you agree that you may use the Platform only for lawful
purposes and in accordance with these Terms.
The following content standards apply to all content, material, and information a user submits,
posts, publishes, displays, or transmits (collectively, “submit”) to the Platform, to other users or
other persons (collectively, “User Content”). All User Content must comply with all applicable
federal, provincial, local, and international laws, regulations, and these Terms.
You agree that this license includes the right for other Users to access and use your User
Content in conjunction with participation in the Services and as permitted through the
functionality of the Services. In the interest of clarity, the license granted to Click Cart here in
shall survive termination of the Services or your account. Click Cart reserves the right in its sole
discretion to remove or disable access to any User Content from the Services, suspend or
terminate your account at any time, or pursue any other remedy or relief available under equity
or law if you post any User Content that violates this Agreement, or we consider to be
objectionable for any reason. You agree that Click Cart may monitor and/or delete your User
Content (but does not assume the obligation) for any reason in Click Cart’s sole discretion.

Without limiting the foregoing, you warrant and agree that your use of the Platform and any User
Content shall not:

1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

1. In any manner violates the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.

1. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, disparaging, offensive, sexually explicit, or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Click Cart’s sole discretion.

1. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable law.

1. Involve, provide, or contribute any false, inaccurate or misleading information.

1. Impersonate or attempt to impersonate Click Cart, a Click Cart employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

1. Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

1. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Click Cart or users of the Platform, or expose them to liability.

1. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

1. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

1. Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.