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Terms & Conditions

1. Overview

1.1 Applicability

Greetings and welcome to dealup.ca. These Terms & Conditions ("Agreement" or "Terms") are a legally binding contract between you and Flowline, who operates the Site (as defined below), and Dealup ("Company", "Dealup", "we", "us" or "our"), who uses the Site to sell products to you ("you", "your" or "user"), process your payments, and facilitate your returns. Our Terms govern your use of our website at dealup.ca ("Site"), and any other websites, pages, features, or content we hyperlink to these Terms ("Services"). By using the Services, including browsing the Site, registering for an account, or contributing content, you agree to comply with all applicable laws and these Terms. The headings provided in these Terms are for convenience purposes only and should not be used to interpret or construe the meaning of the Terms.

1.2 Modifications on the Terms

We retain the right to modify these Terms by adding, removing, or changing certain clauses at our discretion. Notice of any such changes will be provided through the Site, and it is your responsibility to review these Terms periodically. Your continued use or access after any updates have been posted will signify your acceptance of the revised terms. If you do not agree to the changes, you may terminate the agreement between you and Dealup.

1.3 Acceptance of Terms

By accepting these Terms, you must be of legal age in your province or state of residence. If you are of legal age and have dependent minors, you must have provided your consent for them to accept these Terms. Our policies regarding Privacy & Cookies Policy, Shipping Info, Returns & Refunds, Payment Methods, and Rewards Guide ("Policies") are incorporated in the terms of service as if they were written in full in the Terms. Using or accessing the Services indicates that you agree to all the terms and conditions in this Agreement. All individuals who access or use the website, whether as browsers, vendors, customers, merchants, or content contributors, are subject to the Terms. If you disagree with any part of the Terms, you should cease using the Services immediately. Prior to proceeding, carefully read this Agreement.

2. Service

2.1 Termination of Service

Under this Agreement, we grant you a non-transferable and revocable license and rights to access and use the Services solely for personal shopping purposes. Any violation of this Agreement may result in the immediate revocation of the license and rights granted to you without notice, and we reserve the right to refuse service, terminate accounts, and cancel orders if we believe that customer conduct harms our interests at any time without cause or notice. We may terminate accounts that are associated with the same customer account, credit card, or billing/shipping address. If we terminate your account, we may contact you using the email, billing address, or phone number provided when the account was created or when the order was made. You can also terminate your account at any time by contacting us via email at customer@dealup.ca. Note that any obligations or liabilities that were incurred by the parties prior to the termination date will continue to be binding and enforceable even after the termination of this agreement. Upon termination of your account, we may be required by law or for legitimate business reasons to keep certain information about you. We value your privacy and encourage you to review our Privacy & Cookies Policies to understand how we handle your personal information.

You are strictly not allowed to use the Site or its content, including but not limited to:

  • You are strictly not allowed to reproduce, distribute, display, sell, lease or modify any part of our Services without obtaining prior written consent from us.
  • You are strictly not allowed to use or modify our Services for commercial purposes or on behalf of any third party without obtaining prior written consent from us.
  • You are strictly not allowed to gather or monitor the personal information of other users or exploit the Services for the advantage of any other business.
  • You are strictly not allowed upload or publish any content that violates proprietary rights, is defamatory, obscene, or could result in civil or criminal liability under applicable laws.
  • You are strictly not allowed to engage in harassing, abusive, or discriminatory behavior based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • You are strictly not allowed to use the Services or solicit others for any unlawful purposes or in a way that could violate any international, federal, provincial or state laws, regulations, rules, or local ordinances.
  • You are strictly not allowed to use any means to access the Services that may interfere with its proper functioning, including but not limited to the uploading or transmitting of viruses or any other malicious code that may affect the Services or related websites.
  • You are strictly not allowed to use the Site or any of its content in a manner that would infringe upon or violate our intellectual property rights, as well as the intellectual property rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
  • You are strictly not allowed to engage in any pattern of activities that are deemed obscene or immoral, abuse the Terms or the Policies, or involve fraudulent behavior, we reserve the right to take legal action and restrict or block access to the account and any related accounts immediately.

2.2 User Account

You must create a user account ("Account") to access certain features of our Services. You are not allowed to use another person's Account. Each user is solely responsible for all activity that occurs under their Account, including financial obligations. By using a password or identification, you are considered authorized to access and use the Site under this Agreement, and the Company is not obligated to investigate the authorization or source of such access or use of the Services. You are responsible for maintaining the confidentiality of your login credentials and notifying us immediately of any unauthorized use. We are not liable for any loss, theft, or fraudulent use of your Account. We highly recommend that you refrain from using the same password for this website as you do for other sites, as this practice increases the risk of a credential-stuffing attack or other malicious cyber activities.

2.3 Rewards Hub

By creating an Account, you will be able to access your digital rewards ("Rewards") that enable you to accumulate promotional points issued by the Company. These promotional points can only be redeemed with the Company to get discount(s) on purchasing its products. You can earn promotional points by using the Services available on the Site. These promotional points are subject to the policies set out in the Rewards Guide. Any violation of the Terms or Policies may result in the cancellation of the affected points and/or the closing of the customer's account.

  • Account Modifications: Dealup reserves the right to correct any inaccuracies and make adjustments to customer accounts as necessary, with or without prior notice. This may include correcting errors in rewards points earned or credited to an account, declining redemption of points, reversing transactions involving point redemption, or subtracting additional points where an error existed at the time of redemption.
  • Personal Benefits: The benefits associated with Dealup's rewards program are personal to the customer and cannot be assigned, conveyed, traded, bartered, willed, or otherwise transferred to anyone, except as authorized by Dealup with our prior written approval.
  • Value of Points: Points do not have cash or monetary value and cannot be exchanged or transferred for cash. Points also cannot form the basis of a monetary claim against Dealup or any of its affiliates.
  • Termination of Rewards Hub: Dealup reserves the right to modify or terminate the Rewards Hub at any time without prior notice. In the event of termination, any points in a customer's account will be forfeited, and the customer will no longer have the ability to redeem them. If you terminate your account, any promotional points stored in your Rewards Hub will be forfeited.

2.4 Third-party Links

We do not endorse or control third-party sites or their content, products, or services. Use of any third-party site is at your own risk and subject to their respective terms and policies, including their privacy policies. Any content posted on our site by anyone other than us may not be accurate, complete, or timely, and we recommend reviewing all applicable third-party terms and conditions, as well as privacy policies, with caution. For complaints or concerns regarding third-party products, please contact the third party directly. We strive to maintain the integrity of the Site and appreciate any feedback regarding any linked sites.

2.5 Third-party Tools

We may offer you access to third-party tools, which are beyond our control and oversight. We provide such access on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without endorsement. We disclaim any liability for issues arising from or related to your use of these optional third-party tools. Your use of such tools through the Site is entirely at your own risk and discretion, and it is your responsibility to review and accept the terms provided by the relevant third-party provider(s). We strive to maintain the integrity of the Site and appreciate any feedback regarding any linked tools.

2.6 Customer Code of Conduct

We place customer satisfaction as our top priority and endeavour to handle all issues with the utmost professionalism. Unreasonable or unacceptable behavior directed towards our Customer Service Team members will not be tolerated. Such behavior includes the use of aggressive, abusive, or threatening language, persistently demanding or vexatious complaints, seeking unrealistic outcomes beyond our policies, changing the nature of a complaint after a response has been provided, and submitting excessive complaints in comparison to purchasing history. In the event of such behavior, the offender may be notified of their offensive conduct, advised to refrain from it, and warned that further correspondence will discontinue if the behavior persists. We reserve the right to decline orders from customers and terminate their accounts.

3. Product

3.1 Products and Services

At our discretion, we may limit the sales of our products or services to specific persons, geographic regions, or jurisdictions. We reserve the right to discontinue any product or service at any time, without prior notice. We will not be held liable to you or any third party for any suspension, modification, price change, or discontinuation of the Services.

  • Pricing and Payment: The prices of the products listed on our website do not include delivery charges and applicable taxes. By using our services, you agree to pay for all the products and services that you purchase through our platform. Dealup reserves the right to charge your payment method for any such purchases. Please note that the final price of an item can only be confirmed after you have placed your order, and any changes to product prices will not affect confirmed orders.
  • Pricing in Different Currencies: Dealup prices its products in Canadian Dollars (C$), and prices displayed in other currencies such as US Dollars (US$) are subject to conversion based on the most up-to-date conversion rates. However, currency values fluctuate, and therefore, the displayed prices in non-Canadian currencies may not be entirely accurate, particularly on promotional banners and pages. The price listed on an individual product page, irrespective of currency denomination, is the current price payable to Dealup, excluding delivery charges and applicable taxes. We have no knowledge of and are not liable for any additional bank charges or exchange rate fees charged by the issuing bank or a third-party payment provider. The customer is solely responsible for these fees and will not be reimbursed by Dealup.
  • Order Acceptance: Dealup may refuse or cancel any order at our sole discretion. This may occur due to limited quantities, errors in product or pricing information, or concerns raised by our credit and fraud avoidance department. We may request additional information prior to accepting an order. Should we cancel all or part of your order or require additional information, we will notify you promptly.
  • Ownership and Risk of Loss: We will ship your purchased items to the delivery address you provide. Ownership and risk of loss will transfer to you upon delivery after importation into the destination country.
  • Limitations to Specific Regions: At this time, we are currently only offering our products and services to customers in Canada and the United States. However, we are actively working to expand our reach and look forward to serving customers in additional regions soon.

3.2 Errors and Inaccuracies

We make every effort to ensure the accuracy and completeness of the information presented on our site or through the Service, but we cannot guarantee that errors, inaccuracies, or omissions will not occur. We reserve the right to correct any such errors, including but not limited to, typographical errors, and inaccuracies relate to product descriptions, pricing, colour, promotions, offers, product shipping charges, transit times and availability. We reserve the right to modify or update information at any time without prior notice, including after an order has been placed. We have no obligation to update or clarify any information in the Services or on any related website, and we do not guarantee that all information has been modified or updated.

  • Disclaimer of Information Accuracies: The information provided on this site is intended for general purposes only and may not be entirely accurate, complete, or current. We recommend seeking more accurate or complete sources of information and not relying solely on the material on the Site for decision-making. We reserve the right to modify the contents of this site at any time without obligation to update any information. It is your responsibility to monitor changes to our Site. Your reliance on the material on this site is at your own risk.
  • Disclaimer of Pricing Accuracies: In the event that an item is inaccurately listed, we retain the right to refuse or cancel orders at our sole discretion. If we are unable to ship your goods, we will refund the value of the items that are not shipped to your original payment method.
  • Disclaimer of Color Accuracies: We strive to represent the colours of our products as accurately as possible, but there may be variations due to differences in monitor settings and other technical factors. As such, we cannot guarantee that the colour displayed on your screen will precisely match the actual product colour.

3.3 User-Generated Content

By submitting reviews, item journeys, or other types of submissions on the Site, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, copy, edit, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, create derivative works from, and fully exploit your submissions and related intellectual property rights without charge. We are not obliged to maintain confidentiality, post or respond to any submissions. Once you submit content on the Site, you agree that you will not dispute any use of it by us in the future. It is your responsibility to ensure that your submissions comply with applicable laws, does not contain false or misleading information, and are appropriate for posting. You are solely responsible for the accuracy of any user-generated content and accept full responsibility for your submissions. We are not liable for any user-generated content made by you or any third party. We retain the right to remove or block any content that violates these Terms, including but not limited to section 2.1. Please be advised that posting such content may result in the suspension or termination of your access to our Services.

3.4 Information Accuracy

By accessing or using our Services, you agree to provide us with accurate and complete information, including when placing orders for our products, and to comply with all applicable laws. You are solely responsible for ensuring and promptly updating that all consignee names, email addresses, mailing addresses, payor names, credit card information, expiration dates, and other relevant contact details are valid and correct. We will not be held liable for any shipment, delivery, or customs clearance issues resulting from incomplete or inaccurate information provided by you. We may use this information to communicate with you regarding your order. We take your privacy seriously and have outlined our personal information management practices in our Privacy & Cookies Policy.

3.5 Shipping, Returns, and Refunds

The policies outlined below serve as a complement to our Shipping Info, and Returns & Refunds policies, and are designed to provide our customers with a clear understanding of how we operate.

  • Dealup will adhere to minimum packing standards based on the chosen mode of transportation. If you require additional packing, loading, or bracing, you may request it at your expense.
  • We reserve the right to split your order into multiple packages based on stock levels and shipping location to ensure timely and efficient delivery. As part of the order confirmation process, Dealup will communicate any such split to you.
  • Delivery dates provided by Dealup are estimates only and are not guaranteed. We cannot be held responsible for late deliveries for special occasions such as birthdays or other events. We encourage customers to place their orders in advance to ensure timely delivery.
  • We ship exactly what you order, and therefore cannot be held liable if you place an incorrect order. If a delivery fails and the package is returned to us from the address provided by you, Dealup also cannot be held liable for the failed delivery.
  • Once a shipping company reports an order as "delivered," Dealup considers it delivered. If a package shows as "delivered" but you have not received it, we will investigate the issue and determine the appropriate solution. It's important to note that in general, Dealup is not liable for non-delivery once the package has been handed off to the shipping company.
  • Please note that returns will be inspected, and refunds may be subject to a restocking fee or other conditions, and Dealup reserves the right to issue them at its sole discretion. If returned items do not meet all criteria, a full refund may not be possible.

4. Intellectual Property

4.1 Intellectual Property Ownership Usage

The information and material provided through our Services, including but not limited to text, graphics, photos, sounds, music, videos, and interactive features ("Content"), are protected by Canadian and international copyright laws and are the exclusive property of Dealup or its licensors. You may only use the Content as authorized by us or the respective licensors. The Dealup trademarks, copyright, service marks, icons, graphics, wordmarks, designs, and logos ("Marks"), are owned by Flowline, and may not be used in any way that implies endorsement of any product or service not provided by us. The Content is for informational purposes only and is strictly not allowed to be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or exploited without our written consent. You agree not to create derivative works from the Content or interfere with the security or restrictions of the Site or Content.

4.2 Intellectual Property Infringement Notice

Dealup is dedicated to adhering to all relevant laws governing trademarks, copyright, patent, and other intellectual property rights. We uphold the intellectual property rights of others in the same manner that we expect others to respect our intellectual property rights. We take appropriate measures to address any claims of infringement. If you are the owner of intellectual property rights and believe that Dealup is selling, offering for sale, or providing goods or services that violate your rights, please send a full notification to customer@flowline.ca. Upon receipt of infringement notices, we reserve the right to take necessary actions, including but not limited to removing or disabling access to the infringing material or links, notifying the accused party, and terminating access to Dealup services for any user or third-party seller who repeatedly infringes Dealup's or others' intellectual property rights.

  • Please include the following information in your notification: (1) a description of the work or material that you believe has been infringed; (2) a description of the location of the infringing material on the Site; (3) your contact information, including your name, address, phone number, and email address; (4) a statement by you that you have a good faith belief that the use of the material is not authorized by the copyright or intellectual property owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

5. Legal

5.1 Governing Law, Severability, and Entire Agreement

This agreement and any disputes or claims arising from it are governed by the laws of Ontario and Canada. You agree to the jurisdiction of courts located in Toronto, Canada, and waive any objections to such courts regarding disputes related to these Terms and the use of the Services. This Clause will not affect your statutory rights as a consumer. If any provision of the Terms is unenforceable, the remaining provisions will remain valid and shall not affect the enforceability of any other remaining provisions. No waiver of any term will be considered a continuing waiver, and our failure to enforce any right or provision does not waive it.

5.2 Dispute Resolution

If you have a dispute or claim, please contact us via email at customer@dealup.ca to initiate a dispute resolution. We will attempt to resolve any disputes through consultation and negotiation before initiating a lawsuit. Note that claims and disputes must be resolved on an individual basis and not as part of a class or consolidated action, according to applicable law. Claims involving multiple users may not be combined with those of any other customer or user.

5.3 Assignability and Transferability

You may not assign or transfer this Agreement or any of its rights or obligations without written consent. We may assign or transfer this Agreement without restriction. These Terms, along with our Rewards Guide and any other legal notices on the Site, constitute the entire agreement between us and you concerning the Services.

5.4 Personal Information Transfer

In the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, your personal information may be transferred as one of the assets to the new owners. You acknowledge that these transfers may occur and that any acquirer of the Company may use your personal information for the same purposes as we have previously obtained your consent.

5.5 Disclaimer of Liability and Indemnification

We provide the Services, on an "as is", "as available" and "with all faults" basis. We disclaim any and all warranties, guarantees, and conditions of any kind, either express or implied, including those of merchantability, accuracy, completeness, fitness for a particular purpose, and non-infringement. We cannot assure, ensure, or warrant that the use of our service will be continuous, timely, secure, or error-free. We cannot guarantee the accuracy or reliability of the results that may be obtained from using the service. You expressly agree that your use of, or inability to use, the service is at your sole risk. To the maximum extent permitted by applicable law, we, including our affiliates, employees, agents, partners, contractors, suppliers, licensors, or service providers, will not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, injuries, losses, or claims, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in any way connected with your use of, or inability to use, the Services or the products purchased through the Services. You agree to indemnify and hold us, our affiliates, and partners harmless against all third-party claims or demands, including reasonable attorneys' fees, arising from your use of the Services, your breach of the Terms, any incorporated documents and policies, applicable laws, or the rights of any third-party. We reserve the right to assume the exclusive defence of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defences.

6. Contact

If you have any inquiries regarding these Terms or our Privacy & Cookies Policy, please contact us below or via email at customer@dealup.ca. We will endeavour to respond to your request in a prompt manner.