Terms and Conditions

GREW AGAIN TERMS OF USE 

EFFECTIVE DATE: JULY 25, 2022 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. 

This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “user”)) and Work4kids Inc. and its affiliates and subsidiaries (“Work4kids”, “Grew Again”, “we”, “us”, or “our”), operating as Grew Again, concerning your access to and use of the Grew Again related mobile application, website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). 

Grew Again is an online shopping marketplace wherein users can purchase various products directly from marketplace sellers (the “Marketplace Sellers”). You agree that by accessing the Platform, you have read, understood, and agreed to be bound by this Agreement. You further agree to revisit this Agreement from time to time to review any updates or changes to the Agreement. If you are using our Platform as a representative of an entity, you are agreeing to this Agreement on behalf of that entity. 

IF YOU DO NOT AGREE WITH ALL OF TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions, documents, policies, or agreements that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. 

We will alert you about any changes by updating the “effective date” of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Platform after the date such revised Agreement is posted. 

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Platform is intended for users who are at least 18 years of age. IF YOU ARE BELOW 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THIS AGREEMENT PRIOR TO YOU USING THE PLATFORM. We assume no responsibility or liability for any misrepresentation of your age. 

INTELLECTUAL PROPERTY 

Unless otherwise indicated, the Platform is our or our licensors’ proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, United States of America, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks. 

USER REPRESENTATIONS 

By using the Platform, you represent and warrant that: 

(1) All registration information you submit will be true, accurate, current, and complete; 

(2) You will maintain the accuracy of such information and promptly update such registration information as necessary; 

(3) You have the legal capacity and you agree to comply with this Agreement; 

(4) You are not below 18 years of age;

(5) You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; 

(6) You will not use the Platform for any illegal or unauthorized purpose; and 

(7) Your use of the Platform will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). 

USER REGISTRATION 

You may be required to register with the Platform and create a User account (the “User Account”). You agree to keep your password confidential and will be responsible for all use of your User Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Each User Account will have a User page (the “User Page”), in which User information can be reviewed, changed, and updated. The User Page may provide information about order history, other personal information provided when registering for the User Account, among other things. You agree and acknowledge that you will take steps to ensure the privacy of your User Account and User Page. 

MARKETPLACE 

We are an online shopping marketplace that provides our Platform as a service to enable users to purchase products directly from us and from Marketplace Sellers. The products sold on the Platform shall hereinafter be referred to as the “Marketplace Products”. The products sold on the Platform include, but are not limited to, children’s clothing, accessories, among other things. 

MARKETPLACE SELLERS 

You acknowledge and understand that Marketplace Sellers are independent from Work4kids and Grew Again and are separate legal entities. The Marketplace Sellers are independent third parties, including individuals and businesses, using the Platform to sell Marketplace Products. Upon the acceptance of any new Marketplace Seller, we carry out due diligence in respect of the Marketplace Seller’s credentials, experience, products, and other factors, however, we do not provide any guarantees, warranties, or representations with respect to the Marketplace Sellers or the Marketplace Products, including credibility of the Marketplace Seller, experience of the Marketplace Seller, product quality, among other things. 

If you purchase products from one of our Marketplace Sellers, then the contract for such products is directly between you and the Marketplace Seller. We are not liable for any products that you may purchase from a Marketplace Seller. You acknowledge and understand that we have limited control and influence over the acts or omissions of the Marketplace Sellers. We are not liable or responsible for the contracts that you may enter into with Marketplace Sellers. You acknowledge and agree that we act as an intermediary 

between you and the Marketplace Sellers and we are not party to any contracts for such transactions. 

Each Marketplace Seller has a Marketplace Seller Page (the “Marketplace Seller Page”), wherein Users may find the Marketplace Seller’s contact and customer service information, and products, among other things. In addition, Users shall be able to view the shipping policy, return policy, and other policies relating to the Marketplace Seller’s sale of products through the Platform. 

ACCURACY OF PRODUCT CONTENT 

While we take steps to ensure that content pertaining to Marketplace Products, including, but not limited to product descriptions, specifications, and images are accurate as possible, we do not guarantee or warrant such accuracy. You acknowledge and understand that there are many factors which may cause discrepancies in the actual product and the associated product content, including, variations in the quality and colours of your computer monitor and/or phone screen, and compression and enlargement of images, among other things. 

We provide no guarantees, warranties, or representations whatsoever concerning the accuracy of the content of Marketplace Products, including but not limited to, product descriptions, specifications, and images. You understand that we do not produce or manufacture the Marketplace Products and we do not prepare the associated product content and as such, we have limited control over the Marketplace Products and the associated product content. There may be factors which may cause discrepancies in the product and the product content. Nevertheless, we take several steps to vet Marketplace Sellers and their products as set out in the Marketplace Sellers section above. 

We are not responsible for any alleged or actual misrepresentations by Marketplace Sellers pertaining to marketplace products. Given the extent of products listed by Marketplace Sellers you acknowledge and agree that certain products may fail to catch our attention during our due diligence and vetting procedures. 

PAYMENT OBLIGATIONS 

You are responsible to pay for any products that you purchase on the Platform, including the costs for such products, shipping fees, administration fees, customs and duties fees, among any other charges that may be determined necessary by us. Depending upon your location, we may accept any of the following payment methods: XXX, among others. We reserve the right to amend our accepted forms of payment at any time. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Platform. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or this Agreement, we reserve the right to cancel or reverse your transaction. 

We reserve the right to cancel or amend your order if we determine any inconsistencies or discrepancies in product price, shipping fees, administration costs, customs and duties fees, and any other charges applicable to your purchase. You acknowledge and 

understand that occasionally there may be errors in product price, other charges, and availability.

SHIPMENT AND DELIVERY 

Shipping, handling, and delivery of Marketplace Products is administered and controlled by Marketplace Sellers. For more information about the shipping procedures of Marketplace Sellers, please visit the respective Marketplace Seller Page and shipping policy therein. While we take steps to mediate concerns between you and Marketplace Sellers, we are unable to provide you any guarantee or warranty with respect to the shipping, handling, and delivery procedures of Marketplace Sellers. We are in no way responsible for shipping, returns, order cancellations, among other things. Such requests should be made to the Marketplace Seller. 

ORDERS 

Any order that you place for a Marketplace Product on the Platform is an offer to the Marketplace Seller to buy the product specified in your order. When you place such order and the Marketplace Seller accepts your payment, we will provide you with a notification confirming receipt of your order, along with the quantity, price, description of products purchased, among other things (the “Order Notification”). An order is not binding upon the Marketplace Seller until it is accepted; we must receive payment before the Marketplace Seller will accept an order. Payment for a product ordered is due prior to shipment. Once payment is received and an order is accepted, a contract will come into existence between you and the Marketplace Seller. The Marketplace Seller may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, the Marketplace Seller may, in its sole discretion, cancel your order and limit order quantity. 

During the processing of any order for Marketplace Products, we are solely acting as an agent for the Marketplace Sellers and we are not entering into a contract with you. As described in the Marketplace Sellers section of this Agreement, we solely act as intermediaries between you and the Marketplace Sellers, and any Marketplace Products purchased by you constitute a contract between you and the respective Marketplace Seller. 

PROHIBITED ACTIVITIES 

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Platform, you agree not to: 

(1) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 

(2) Make any unauthorized use of the Platform, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending 

unsolicited email, or creating user accounts by automated means or under false pretenses. 

(3) Use a buying agent or purchasing agent to make purchases on the Platform. 

(4) Use the Platform to advertise or offer to sell goods and services. 

(5) Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein. 

(6) Engage in unauthorized framing of or linking to the Platform. 

(7) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

(8) Make improper use of our support services or submit false reports of abuse or misconduct. 

(9) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

(10) Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform. 

(11) Attempt to impersonate another user or person or use the username of another user. 

(12) Sell or otherwise transfer your profile. 

(13) Use any information obtained from the Platform in order to harass, abuse, or harm another person. 

(14) Use the Platform as part of any effort to compete with us or otherwise use the Platform or the Content for any revenue-generating endeavor or commercial enterprise. 

(15) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform. 

(16) Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform. 

(17) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you. 

(18) Delete the copyright or other proprietary rights notice from any Content. 

(19) Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 

(20) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform. 

(21) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”). 

(22) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software. 

(23) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform. 

(24) Use the Platform in a manner inconsistent with any applicable laws or regulations. 

USER GENERATED CONTRIBUTIONS 

The Platform may invite you to contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). 

Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit should be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 

(1) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 

(2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other 

users of the Platform to use your Contributions in any manner contemplated by the Platform and this Agreement. 

(3) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and this Agreement. 

(4) Your Contributions are not false, inaccurate, or misleading. 

(5) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 

(6) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 

(7) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 

(8) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 

(9) Your Contributions do not violate any applicable law, regulation, or rule. 

(10) Your Contributions do not violate the privacy or publicity rights of any third party. 

(11) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. 

(12) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 

(13) Your Contributions do not include any offensive comments that are connected to age, ancestry, citizenship, colour, creed, religion, disability, ethnic origin, family status, marital status, place of origin, race, records of offenses, gender, sex, sexual preference, sexual orientation (each a “Prohibited Ground”). 

(14) Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation. 

Any use of the Platform in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Platform. 

SUBMISSIONS 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

THIRD-PARTY WEBSITES AND CONTENT 

The Platform may contain (or you may be sent via the Platform) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Agreement no longer governs. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the Products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such Products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

APP STORE 

You acknowledge and agree that the availability of the Platform is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Grew Again and not with the App Store. Grew Again, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement. 

PLATFORM MANAGEMENT 

We reserve the right to: 

(1) Monitor the Platform for violations of this Agreement; 

(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities; 

(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

(4) In our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 

(5) Otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform. 

PRIVACY POLICY 

We care about data privacy and security. Please review our Privacy Policy posted on the Platform. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement by reference. It is important you read our Privacy Policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information. 

If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Platform, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada. 

TERM AND TERMINATION 

This Agreement shall remain in full force and effect while you use the Platform. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. 

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. 

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform. 

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. 

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in this Agreement will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith. 

GOVERNING LAW AND JURISDICTION 

These terms shall be governed by and defined following the laws of Canada. Work4kids and its affiliates and subsidiaries and yourself irrevocably consent that the courts sitting in the City of Toronto, Ontario, Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. Work4kids and its affiliates and subsidiaries shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the province or state of your principal place of business. 

DISPUTE RESOLUTION 

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), including Disputes that may involve Marketplace Sellers, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) for at least 30 days before initiating any formal legal action. Such negotiations commence upon written notice from one Party to the other Party. We actively take steps to intermediate and resolve disputes between you, us, and Marketplace Sellers. 

After this 30 day negotiation period, the Parties shall commence mediation. The Parties have 15 days to agree on a mediator to resolve any Dispute(s). If the Parties cannot agree on a mediator, a mediator shall be appointed by the ADR Institute of Canada, Inc. This mediation shall be governed pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc., and shall take place in Toronto, Ontario, Canada. The Parties agree to attempt to resolve all Disputes in good faith, and to equally share the costs of mediation. If the Dispute(s) cannot be resolved within 45 days, the mediation shall be terminated, and the Parties are free to pursue arbitration or litigation at their own risk. 

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Province of Ontario and the Parties hereby consent to and waive all defenses with respect to venue and jurisdiction in such courts. 

CORRECTIONS 

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform’s offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice. 

DISCLAIMER 

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: 

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, 

(2) ADVERSE REACTIONS, ALLERGIES OR ANY OTHER INJURY FROM THE USE OF FOOD PRODUCTS, 

(3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, 

(4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 

(5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, 

(6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR 

(7) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBPLATFORM, OR ANY WEBPLATFORM OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

LIMITATIONS OF LIABILITY 

YOU UNDERSTAND THAT WE DO NOT MANUFACTURE ANY OF THE PRODUCTS SOLD THROUGH OUR PLATFORM. THE PRODUCTS ON OUR PLATFORM ARE PRODUCED, LISTED AND SOLD DIRECTLY BY THE INDEPENDENT SELLERS, SO WE DO NOT MAKE ANY WARRANTIES ABOUT THE QUALITY, SAFETY OR EVEN THE LEGALITY OF THE PRODUCTS SOLD THOOUGH OUT PLATFORM. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 CAD. CERTAIN JURISDICTIONS’ LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable lawyers’ fees and expenses, made by any third party due to or arising out of: 

(1) Your Contributions; 

(2) Use of the Platform; 

(3) Violation of this Agreement; 

(4) Any breach of your representations and warranties set forth in this Agreement; 

(5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or 

(6) Any overt harmful act toward any other user of the Platform with whom you connected via the Platform. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

USER DATA 

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. 

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

MISCELLANEOUS 

This Agreement and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 

This Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Platform. 

You agree that this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. 

INFORMATION ABOUT US AND HOW TO CONTACT US 

We are a company registered in pursuant to the laws of the Province of Ontario. 

If you have any questions regarding this Agreement or any questions or problems relating to our Platform, you can contact us at: customercare@grewagain.com