BlueMart Terms & Conditions

1. TERM OF USE

This service (“Service”) is provided by BlueMart (“BlueMart”, “we”, and/or “us”) to our customers (“you”). Please review the following terms and conditions that govern your use of this Service (the “Agreement”). BlueMart provides you access to this Service subject to the terms and conditions of this Agreement. Please note that your use of this Service constitutes your unconditional agreement to follow and be bound by these terms and conditions. BlueMart reserves the right to modify the Agreement at any time without prior notice. If the Agreement has been updated, BlueMart will post the new Agreement on this Service and note the date that it was last updated. Your use of this Service following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed.
By using this Service, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Service under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Service by the minor and you are fully responsible for the minor’s use of the Service, including all financial charges and legal liability that he or she may incur.

2. USE OF BLUEMART APP/Service

You certify that the information you provide on the BlueMart Service is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.
Users of BlueMart Service are prohibited from:

• Violating or attempting to violate the security of the BlueMart Service;
• Using or attempting to use any software, tool, or other device to navigate or search the BleuMart Service.

3. PROHIBITED CONTENT

You represent and warrant that you will not submit the following Content:

• Content that is false, inaccurate, or misleading;
• Content that violates any local, provincial, federal, or international laws;
• Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
• Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BlueMart in its sole discretion;
• Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from BueMart.
• Chain letters or pyramid schemes;
• Content that impersonates another business, person or entity, including BlueMart, its related entities, employees and agents;
• Content that contains viruses or other harmful computer code;
• Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• Content that you were compensated or granted any compensation by any third-party unless otherwise authorized by BlueMart in writing; or
• Content that violates any policy posted on the BlueMart Service, or interferes with the use of the BlueMart Service by others.

BlueMart shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the BlueMart Service for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify BlueMart and its affiliates for all claims resulting from any Content you submit.

4. ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue bluemart credits to your BlueMart account in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. BlueMart may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).
BlueMart reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify the customer should such limits be applied. BlueMart also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from BlueMart for the purpose of engaging in a commercial sale of that same product(s) with a third-party.

5. PRICING INFORMATION

BlueMart reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from BlueMart. BlueMart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

6. SALE OF PRODUCTS & SERVICES

The sale of products and services on this Service may be subject to additional terms that will be made available to you when you place your order.Note that the price of some of the products available online will vary depending on your delivery location.

7. CANADIAN USAGE

The Service may only be used by residents of Canada. If you use this Service outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

8. COPYRIGHTS

You agree that the the Services, including but not limited to Content, graphics, user interface, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by BlueMart, its licensors and/or Content providers, and is protected by applicable intellectual property and other laws. All other marks are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Service.

9. LINKS

References on this Service to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply BlueMart’s endorsement, sponsorship or recommendation of the third party, information, product or service.

10. PASSWORDS AND ACCOUNTS

You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. BlueMart is not under any obligation to verify the actual identity or authority of any user of a password and login name. BlueMart will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.
BlueMart may cancel or suspend your account at aunt time for any reason without any notice or liability to your or any other person.

11. OBJECTIONABLE CONTENT

You understand that by using this Service or any services provided on the Service, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Service and any service at your sole risk and that BlueMart and its affiliates shall have no liability to you for Content that may be deemed offense, indecent or objectionable.

12. INDEMNIFICATION

You agree to defend, indemnify and hold BlueMart harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Service or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

13. INDEMNIFICATION

You agree to defend, indemnify and hold BlueMart harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Service or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

13. PRIVACY

BlueMart personal information practices on the Service, including the collection, use and/or disclosure of your personal information, are governed by BlueMart’s privacy policies. In using the Service, you also agree not to send or cause emails to be sent to individuals without their consent (e.g. through sharing or friend referral functions) or to post any Comments that include personal information of third parties.

14. DISCLAIMERY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIS APP IS PROVIDED BY BLUEMART ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUEMART MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS APP OR SERVICES PROVIDED THROUGH THIS APP. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUEMART DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS APP OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLUEMART DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS APP AND THAT THIS APP WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS APP, THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS APP.

15. LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BLUEMART AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS APP INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS APP; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS APP, AND ANY LINKS PROVIDED ON THIS APP; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS APP OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS APP OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS APP; (5) ANY TRANSACTION CONDUCTED ON THIS APP; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLUEBITS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS APP.