OUR TERMS OF SERVICE
Tabanka Canada Inc (“Tabanka” or “us,” “our,” “we”) provides a website and mobile application (collectively the “Site”) through which you can view and order groceries, which we shall deliver to your address of choice or allow you to collect from our designated pick-up location. These Terms of Services (“Terms”) govern your access to and use of the Site and all content (“Content,” as further defined below) and services available through the Site, including but not limited to order processing and delivery or arranging for delivery of product orders (the “Services”). “You” means any adult user of the Site or Services, using the Services or any parent or guardian of any minor whom you allow to use the Site or Services, and for whom you will be held strictly responsible.
Please read these Terms carefully. These Terms govern your access to and use of the Site and Services. By clicking on the button marked “I agree,” you signify your assent to both these Terms and our Privacy Policy, which is available at https://www.tabanka.ca/terms-of-service . Changes may be made to these Terms from time to time. Your continued use of the Site and/or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” or use the Site and/or Services.
Account Registration
Access to the Services is provided by creating an account through the use of a user name and a password upon registration. You may also register by logging in through your Facebook account and/or other approved third-party logins. We may change the method of registration at our discretion. By registering through Facebook and/or any other approved third-party login, you represent and warrant that the Facebook and/or other third-party login account is yours and you have full rights to provide us with the information in this account. You agree to immediately notify Tabanka of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system or mobile phone device and all activity on your account, even if such activities were not committed by you. Tabanka will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Tabanka harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to hello@tabanka.ca that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site and/or Services. Tabanka reserves the right to refuse to allow you to use your account for any reason, at its sole discretion.
You must keep all your account information current, including address, payment information, telephone number and email address. You can make changes and updates to your personal information on the Site.
Tabanka reserves the right to use any and all of your account registration and contact information for Tabanka’s provision of Services.
SERVICES
Ordering
The Services enable you to order certain products through the Site ("Order") and have such Order delivered at a Delivery Address (as defined below) during Delivery Hours (as defined below) as available on the Site and as opted by you completion of your Order ("Delivery"). We receive fresh products weekly to assure you will receive the highest quality products. Due to the perishable nature of certain products, such products may be unavailable due to market conditions beyond our control or quality that is below our standards. Upon completion of your Order, you may opt to request us to provide you with a product that is similar to one you ordered, in case the product you ordered is unavailable. You may also opt out of such option to receive a substitute product and request that you receive only the products you have ordered. If we are unable to fulfill your entire Order with the products you have ordered and/or appropriate substitutions, we will use reasonable efforts to contact you prior to Delivery. Alternatively, you may grant us permission to substitute items, as needed, without contacting you prior to Delivery.
Orders must be received before posted cutoff times for a given delivery (see Delivery, as detailed below). Note that Orders are subject to price changes and we do not guarantee the availability of any product ordered.
Following submission of an Order, you will be able to monitor your Order status through your account on the Site.
Delivery
Following completion of your order, you must choose a delivery date and provide a Delivery Address where your order should be delivered. Available delivery dates and hours and associated delivery fees will be shown during the ordering process on the Site. Note that Tabanka's Delivery services are applicable in Tabanka's delivery zone only, as specified on the Site.
Tabanka shall deliver your order to your Delivery Address, subject to these Terms. In order to receive the Order, you must list a delivery address within Tabanka’s designated delivery zone ("Delivery Address"). To receive the delivery during your selected delivery hours ("Delivery Hours"), you or your authorized representative must be present at the Delivery Address, unless you opt for the option of leaving the delivery in front of your door ("Non-Personal Delivery"). If you or your authorized representative are not present at the Delivery Address and/or not opening the door during the Delivery Time, Tabanka shall not be liable for any damages and/or theft and/or (reduced) quality of the products caused due to the fact that the delivery has not been accepted upon delivery. The authorized representative can accept your goods when you are not present and shall accept the Delivery under all of the same terms and conditions that would apply had you accepted the Delivery yourself. Anyone at the Delivery Address, who receives the Delivery, is presumed to be authorized by you to receive such Delivery. For the removal of doubt, unless you choose the Non-Personal Delivery option, upon completion of your Order, it is your responsibility to be present at the Delivery Address and/or to ensure your authorized representative is present at the Delivery Address, in order to receive the delivery. Tabanka or anyone making the delivery on our behalf may request you or your authorized representative to present an ID card and/or the credit card used to pay for the relevant Order.
You will receive an email invoice the day of your Delivery and/or the invoice may be included in the Order. If something is missing from your Order, please contact us at hello@tabanka.ca or at the phone number specified on the Site.
In the event that you Pick-Up your Order at such a designated site, you may be requested to show an ID card and/or the credit card used to pay for the relevant Order, prior to receiving your Order.
In case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your Order, a Super Quality representative may contact you to notify you of such delay and let you know the status of your delivery time. We will attempt to deliver your Order as quickly as possible when the conditions permit.
Payment and Fees
The correct price for any given product supplied through the Services is the price appearing in the order confirmation and not the price appearing on the product itself and may not include applicable taxes.
Products offered for sale at promotional prices will be provided at the offer price subject to such offer’s validity either at the time you confirm the Order or at the time of Delivery.
Because perishable products are individually prepared based upon your order, the per-product price you see in your shopping cart for variable weight products is based on an estimated weight. The final price of these products will be based on the same price per unit, such as kg, lb, etc., as applicable, or part thereof indicated at the point of order, but the actual price charged is determined only once we have prepared and weighed your Order, and that actual price will appear on the invoice issued to you at the time of Delivery. Note that products sold and supplied by weight, there may be a reasonable deviation between the ordered weight and the weight actually supplied, so that the price will be calculated according to the weight of the product actually supplied to you.
Your Order may be subject to a minimum purchase order total, not including taxes, delivery fees, and surcharges. Such minimum purchase order may change based on the Delivery area and distance to and from Tabanka’s warehouse.
A delivery fee will be added to your Order. Such delivery fee may change depending on where the Order is being delivered, as well as the day and time of day when such Order is being delivered. Any such fee is not a gratuity or tip for the delivery personnel who delivers or is otherwise involved with the Delivery and will not be given to any such delivery personnel as a gratuity.
To place an Order, you either: (1) may pay through a third-party payment processor, such as PayPal; (2) must have a credit card (“Card”) on file with Tabanka; (3) may pay by telephone, all at Tabanka's discretion and option. Your Card will be charged for your Order on the day your Order is delivered. Tabanka will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an Order is processed, Tabanka reserves the right to collect funds for any uncollected transaction charges or fees owed. You shall be responsible and liable for any fees that Tabanka may incur in its efforts to collect any unpaid balances from you including, but not limited to, attorneys’ fees and collection costs.
In the event that your Card is charged an inaccurate amount, you will either be refunded the additional amount (if the amount charged was more than what you owed) or your Card will be charged an additional amount (if the amount charged was lower than that owed).
Purchase of Alcoholic Beverages and Cigarettes
You may not legally order any alcoholic beverages and/or cigarettes, as the case may be, unless you are at least 18 years of age. Furthermore, you may not purchase such beverages and/or cigarettes for anyone who is under that age. The person receiving delivery must present identification and proof of age at time of Delivery, and is required to sign an acknowledgement to release the Order to receive alcoholic beverages and/or cigarettes. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages and/or cigarettes, or cancel orders in our sole discretion.
Changing and Cancellation of Orders
You may cancel your Order by contacting us at hello@tabanka.ca . Depending on your Order status, you will be entitled to cancel your Order only until Tabanka has started collecting the products included in your Order.
Cancellation of Orders and/or products included in an Order after the required cutoff time and/or after Tabanka has started to collect the products included in your Order, as applicable, will result in a restocking fee equal to the sum of (a) subject to applicable law, 100% of the total amount of your perishable products (b) the maximum amount of your nonperishable products permitted by applicable law.
Refund Policy
If you are dissatisfied with your Order and/or want to return a product, you may return such product to Tabanka, provided such product has not been used and is in its original state and packaging, all subject to applicable law and to these Terms, as may be updated from time to time. Any return should be coordinated with the Site’s customer support team, available at hello@tabanka.ca or you can log into your account and send us a message through the Site. Returns must be made to the closest Tabanka warehouse. We may require the return of the product with which you are unsatisfied before we substitute an acceptable item or issue a credit voucher. If you request a refund over the phone, we may require that you provide the CVV digits on the back of the Card associated with the Order.
Termination of Account
Tabanka may terminate your account if you violate any of these Terms. Upon termination of your account, you shall not have any further access to your account including to any Content (as defined below) that may be available through your account. If Tabanka believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate usage or behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate usage or behavior regarding the Site and Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
Content
Certain types of content may be made available through the Site and/or the Services. “Content” as used in these Terms means, collectively, all the content on or made available through the Site or through the Services, including but not limited to, any pictures, photos, videos, articles and information (including but not limited regarding nutrition, health and exercise), tips, and recipes, and any modifications or derivatives of the foregoing. It is hereby clarified that Content uploaded by the site, including pictures and images of products and any modifications of such, are for illustration purposes only and do not and will not bind Tabanka. The posting of commercial and/or promotional Content on the Site by Tabanka is intended only to provide information and will not be construed as the Site recommending, encouraging, endorsing and/or sponsoring any such Content or service offered on the Site, as the case may be.
Use Restrictions
You may not do or attempt to do any of the following: (1) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; (3) use the Site and/or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, program search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (5) use or access another user’s account or password without permission; or (6) use the Site or Services in any manner not permitted by these Terms.
Intellectual Property
Tabanka and as the case may be, its licensors, own the Site and Services and all Content available therein, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site and/or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Super Quality or any third party.
Disclaimers & Disclaimer of Warranty
Your use of the Site and/or Services is at your sole discretion and risk. The Site and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. While we make reasonable efforts to provide Content that is informative and useful, we do not make any warranties or representations in respect of any Content.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; OR (II) THAT THE SITE AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND/OR SERVICES.
We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any user, whether by users of the Services or by any of the equipment or programming associated with the Services. Some of the information relating to the products offered for sale on the Site, including but not limited to the price of products, is received from the product manufacturers and is entered to the site “as is.” Tabanka does not check for reliability, completeness, accuracy, or suitability of the actual product features and shall not be liable for any discrepancies, inaccuracies, or errors in relation to the information or to the products’ nature or suitability for your needs. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
We assume no responsibility for any, and you shall not have any claim against Tabanka in relation to, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the Site and/or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any part of the Site and/or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and/or Services, from any Content posted on or through the Site and/or Services, or from the conduct of any users of the Site and/or Services, whether online or offline.
Tabanka is not and will not be held responsible for, any claim of inaccuracy in the details provided by you at the time of the Order and/or for details that were not properly stored into Tabanka's computer system and/or for any damage, and/or any other claim in connection with the Delivery, Pick-Up and/or Order. Tabanka shall not bear any responsibility for any damage caused to you directly or directly due to a delay in Delivery, or as a result of the Delivery of products that were defective, rotten, or otherwise unsatisfactory, unless such defect occurred due to negligence on the part of Super Quality. In such circumstances, Tabanka's liability shall be limited to an amount equal to the price of the product.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, AND/OR SELF POINT, LTD. AND ITS AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY OF THE PRODUCTS PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND OUR LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TO TERMINATE YOUR ACCOUNT.
Indemnification
You agree to indemnify, defend, and hold Tabanka and our respective employees, directors, officers, subcontractors, service providers, and agents harmless against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site and/or Services; (c) your violation of any law or regulation related to use of the Site and/or Services; (d) your infringement of any right of any third party related to use of the Site and/or Services; and (e) any other matter for which you are responsible hereunder or under law.
Miscellaneous
These Terms shall be governed by the laws of Canada. You agree that any legal or equitable action of whatever nature by or against Tabanka arising out of or related in any respect to these Terms shall be brought only before the jurisdiction of the competent courts of Canada, pursuant to any applicable Canadian laws pertaining to subject matter jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Tabanka must be brought within one (1) year of the date such cause of action arose. Tabanka may assign and/or transfer its rights under these Terms, or any part thereof, to any company or third party at its sole discretion without prior notice. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Tabanka or enables you to act on behalf of Tabanka. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.
Last Updated: 11 November 2023 08:00