GLASY PLATFORM TERMS OF SERVICE
Last Updated: September 20, 2023

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE DISCOUNTOPIA D/B/A GLASY (AS FURTHER DEFINED IN SECTION A OF PART I) IN RESPECT OF ACCESS AND USE OF GLASY’S WEBSITE LOCATED AT WWW.JOINGLASY.COM, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS GLASY MOBILE APPLICATIONS (THE “GLASY PLATFORM APP”)(TOGETHER THE GLASY PLATFORM APP AND THE WEBSITE CONSTITUTE THE “GLASY PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE GLASY PLATFORM, INCLUDING USERS WHO ARE MERCHANTS OF GOODS TO OTHER USERS OF THE GLASY PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE GLASY PLATFORM, USERS WHO DOWNLOAD THE GLASY PLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE GLASY PLATFORM AS A CUSTOMER OR TO OPERATE AS A MERCHANT (AS SUCH TERMS ARE DEFINED IN SECTION B OF PART I). IF YOU ARE USING THE GLASY PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING GLASY PLATFORM OR THE GLASY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE GLASY PLATFORM AND THE GLASY SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY MERCHANTS THAT ARE MADE ONLY AVAILABLE ONLY FOR PICK UP. YOU UNDERSTAND THAT GLASY’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT GLASY IS NOT A MERCHANT NOR IS GLASY RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH MERCHANTS.

BY ACCESSING, BROWSING AND USING THE GLASY PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU CANNOT ACCESS OR USE THE GLASY PLATFORM OR GLASY SERVICES OR ANY OF THEIR CONTENT OR SERVICES.

IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS I AND J OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY GLASY IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, Glasy will make a new copy of the Terms of Service available on the Glasy Platform. We will also update the “Last Updated” date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account we may also send text to the number we have on file or an e-mail to you at the last e-mail address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the Glasy Platform. Glasy may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Glasy Platform and/or the Glasy Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Glasy Platform and/or the Glasy Services. Otherwise, your continued use of the Glasy Platform and/or Glasy Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE GLASY PLATFORM TO VIEW THE MOST CURRENT TERMS.
You should read these Terms of Service in their entirety, however, this index is provided for ease of reference to enable you to navigate to specific sections of the Terms.

I. GENERAL TERMS

a. Parties
These Terms of Service form an agreement between you and Discountopia Corp. a company incorporated under the laws of Ontario doing business as Glasy (“Glasy”). Use of the terms “Glasy”, “us”, “we” or “our” means Discountopia Corp. legal entity. For the avoidance of doubt, Glasy does not include any third parties such as Merchants (as such terms are defined in Section b of Part I offering goods or services through the Glasy Platform).

b. Users and Applicable Legal Terms
i. Definition of Users. The Glasy Platform App facilitates the ordering by consumers/end users of the Glasy Platform (“Customers”) of food, drinks and other products (collectively “Goods”) offered by restaurants and store owners through the platform (“Merchants). Collectively, Customers, and Merchants constitute “Users” of the Glasy Platform and these Terms of Service apply to all Users.
ii. Glasy Privacy Policy. Please note that important information about Glasy’s practices on the collection, use and disclosure of Users’ personal information submitted via the Website or the Glasy Platform App is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Service. Please see further: WWW.JOINGLASY.COM/PRIVACY-POLICY (“Privacy Policy”).
iii. Additional Terms for Merchants. In addition to these Terms of Service and the Privacy Policy, Merchants are subject to additional terms agreed in separate agreements with Glasy in respect of the goods/services offered by such Merchants. In the event of any conflict between these Terms of Services and the separate agreement you have with Glasy, the terms of the separate Glasy agreement will govern.
iv. Additional Terms for Customers. Specific terms on ordering are set out in Part II of these Terms of Service. Merchants may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your personal information when you order from them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to Glasy that you have familiarized yourself and agree with those privacy policies or statements imposed by any Merchant with whom you elect to deal through the Glasy Platform App.
v. Additional Terms for All Users. Loyalty Program, Voucher Terms and Contest Rules are addressed in Part III of this Terms of Service.
vi. Additional Terms and Conditions for Glasy Platform App Users. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the use of Google Maps services and content, or to the Glasy Platform App if downloaded from the Apple App Store or the Google Play Store.
vii. The Glasy Platform may use services and content from Google Maps + or Google Analytics. You acknowledge and agree that you are bound by the Google Maps + and Google Analytics Terms of Service (including the Google Privacy Policy). The Glasy Platform App does use third party services including but not limited to third party payment processors such as Stripe and you hereby agree to abide by the terms of service of said third party service providers.
viii. The following additional terms and conditions apply to you if you are using a Glasy Platform App. You acknowledge and agree that:
These Terms of Service are entered into between you and Glasy. Neither Apple, Inc. (“Apple”) nor Google, Inc. (“Google”) (collectively, the “download service providers”) are parties to this Terms of Service agreement nor will they have obligations with respect to the Glasy Platform App. Glasy not Apple or Google, is solely responsible for the Glasy Platform App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the Glasy Platform App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. You represent and warrant that you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country, and you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

c. Glasy Accounts
i. Accurate Information. You represent and warrant that all information supplied by you on the Glasy Platform (including information provided by you to create an account for use of the Glasy Platform (a “Glasy Account”)) or in connection with your use of the Glasy Services is true, accurate, current and complete.
ii. Security of Glasy Accounts. Any Glasy Account must be kept secure and you agree that you will not share or disclose your Glasy Account credentials with anyone. Glasy will not be liable for any loss or damage arising from your failure to safeguard your Glasy Account, use a strong password or limit its use to your Glasy Account. You may browse some of the Glasy Platform without creating a Glasy Account.
iii. Discretionary Access to Glasy Accounts. Glasy reserves the right to deny your request for a Glasy Account (including usernames) and to disable or terminate access to any Glasy Account (including usernames) issued to you at any time in Glasy’s sole discretion. If Glasy disables access to a Glasy Account issued to you, you will be prevented from accessing the Glasy Platform or the Glasy Services, your Glasy Account details, Orders or other information that is associated with your Glasy Account.
iv. Suspension, Term, Termination and Deletion of Glasy Accounts. We may suspend or terminate your ability to access the Glasy Platform, or cease providing you with all or part of the Glasy Services at any time for any or no reason, including, if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Glasy Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address or phone number associated with your account, through the Glasy Platform App or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Glasy in its sole discretion and that Glasy will not be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Glasy Platform. Any suspension or termination of this Agreement by Glasy will be in addition to any and all other rights and remedies that Glasy may have.
v. Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your Glasy Account be deleted, ceasing use of the Glasy Platform, the Glasy Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your Glasy Customer Account, we may disable your Glasy Customer Account but keep the disabled Glasy Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these Terms of Service at any time by requesting by email (or any then-available interface on the Glasy Platform) that your Glasy Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the Glasy Platform.

d. Licensed Access to The Glasy Platform App and Permitted Use
i. Subject to your compliance with these Terms of Service, Glasy hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the Glasy Platform App in accordance with these Terms of Service in the following manner depending on the type of User that you are:
1. for Customers, you may use the Glasy Platform App to view storefronts provided by Merchants, create an account, place orders and pay for Goods (each an “Order”). You may also use feedback features, use the customer loyalty features of the Glasy Platform App to rate, post comments, rating and reviews on Goods attributed to Merchants (as applicable); and
2. for Merchants, you may create an account and use the Glasy Platform App to manage the offer and fulfilment of Orders as well as loyalty programs offered to Customers.
(1)-(2) constitute the “Permitted Use” as applicable for a specific type of User.

ii. Reservation of Rights. Glasy retains the right, at its sole discretion, to deny access to anyone to the Glasy Platform or the Glasy Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the Glasy Platform or Glasy Services immediately upon request by Glasy.
iii. Geographic Application of the Glasy Platform App. The Glasy Platform App and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the Glasy Platform App constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.
iv. Changes to the Glasy Platform. Glasy reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Goods, storefronts, Merchants, posting and rating/reviews of Merchants) contained on or provided through the Glasy Platform (the “Content”) at any time, and from time to time, without notice. For greater certainty, the Content includes the User Content (as defined below).

e. No Unlawful or Prohibited Use
You may not, without Glasy’s prior written permission, use the Glasy Platform, the Glasy Services or any Content (including other User’s User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the Glasy Platform and/or the Content to:
i. “frame”, “mirror” or otherwise incorporate the Glasy Platform, the Glasy Services or the Content or any part thereof on any commercial or non-commercial website;
ii. access, monitor or copy any part of the Glasy Platform, the Glasy Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Glasy’s express written permission;
iii. violate any laws or sell any illegal substances, guns, sex services, alcohol to minors;
iv. violate the restrictions in any robot exclusion headers on the Content or the Glasy Platform or bypass or circumvent other measures employed to prevent or limit access to the Glasy Services or the Glasy Platform;
v. remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Glasy Platform or the Content;
vi. modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Glasy Platform, or any Merchant menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Glasy Platform;
vii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Glasy Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;
viii. attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Glasy Platform or the Glasy Services;
ix. copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Glasy Platform or the Content;
x. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Glasy Platform;
xi. create derivative works based on the Glasy Platform, the Glasy Services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Glasy Platform, the Glasy Services or the Content;
xii. use of access the Glasy Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
xiii. upload to or transmit through the Glasy Platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Glasy in its sole discretion.

f. Intellectual Property Terms
i. Content and Intellectual Property
1. Glasy Content and Intellectual Property Rights. The Glasy Platform and all content contained therein (excluding User Content as defined in Section I(f)(ii) below), is owned or licensed by Glasy and protected by copyright, trade-mark and other intellectual property laws (“Glasy Content”). Glasy expressly reserves all rights in the Glasy Platform and all materials provided by Glasy in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the Glasy Platform, all materials provided by Glasy in connection with these Terms of Service (including the Glasy Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Glasy (or third party suppliers or licensors, if applicable), and that the Glasy Platform and all materials provided by Glasy hereunder are licensed and not “sold” to you.
2. User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Glasy Platform by Users (“User Content”), is the sole responsibility of such Users. This means that the User, and not Glassy, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the Glasy Platform. Glasy may monitor User Content from time to time but Glasy does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Glasy be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Glasy Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the Glasy Privacy Policy and all other User Content will be considered non-confidential.
3. User-Related Content. Glasy may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (“User-Related Content”). You grant to Glasy a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the Glasy Privacy Policy. User-Related Content is not considered confidential or proprietary.
ii. User Content License to Glasy. By submitting, posting or displaying User Content on or through the Glasy Platform or otherwise to Glasy, you grant Glasy, a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant Glasy the right (although Glasy does not have the obligation) to pursue at law any person or entity that violates your or Glasy’s rights in the User Content by a breach of these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, Glasy has no obligation to post or display any User Content on the Glasy Platform.
iii. Use of Glasy Content and User Content by other Users. You may only use Glasy Content and other Users Content (eg. storefronts provided by Merchants) for the applicable Permitted Use. If you print extracts from the Glasy Platform for your own you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
iv. Terms on Submissions/Feedback and Other User Content
1. Creating Submissions and Other User Content. Through the capabilities of the Glasy Platform you may be able to provide ratings/reviews, suggestions or other feedback (“Submissions”). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the Glasy Platform any material or content which does or may:
a. Breach any applicable local, national or international law;
b. Be unlawful or fraudulent;
c. Amount to unauthorised advertising;
d. Contain any defamatory, obscene or offensive material;
e. Promote violence or discrimination;
f. Infringe the intellectual property rights of another person;
g. Breach any legal duty owed to a third party (such as a duty of confidence);
h. Promote illegal activity or invade another’s privacy;
i. Give the impression that they originate from us; or
j. Be used to impersonate another person or to misrepresent your affiliation with another person.
You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Glasy Platform. You agree that Glasy shall not be responsible for any liability related to any User’s breach of this Section.
2. Status of Submissions on the Glasy Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Glasy Platform that we determine breaches the restrictions in Section I(f)(iv)(1) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Glasy Platform is for information purposes only and does not constitute advice from us or the opinions of Glasy. User Content may reflect the opinions of Customers who have ordered through the Glasy Platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, Glasy shall not assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
3. Public Display of Submissions. You acknowledge that Glasy may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at Glasy’s discretion, and that such User Content may be visible to other Users and visitors to the Glasy Platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.
v. Note on Privacy. If you access any Personal Information through or in connection with the Glasy Platform you agree that you will treat such Personal Information in accordance with Glasy’s current Privacy Policy and you will not collect or harvest any Personal Information, including Personal Information of other users, except as permitted by these Terms of Service.

g. Advertising and Third Party Websites
i. If you elect to have any business dealings with anyone whose products or services may be advertised on the Glasy Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Glasy will not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
ii. The Glasy Platform may provide links to third party websites and such links are provided solely for your convenience. Third party websites: Links to third party websites on the Glasy Platform are provided solely for your convenience. If you use these links, you leave the Glasy Platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Glasy Platform, you do so entirely at your own risk.
iii. Glasy reserves the right to prohibit or remove (or require you to remove) any link to the Glasy Platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

h. Availability and Updates
i. Glasy may alter, suspend, or discontinue the Glasy Platform or Service at any time and for any reason or no reason, without notice. The Glasy Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Glasy may periodically add or update the information and materials on this the Glasy Platform without notice.
ii. While we try to ensure the Glasy Platform is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and Glasy will not be liable to you if the Glasy Platform is unavailable at any time or for any period.
iii. Glasy may upgrade or alter the Glasy Platform at any time. Glasy may remotely access the Glasy Platform (including for greater certainty any Glasy Platform App) at any time for any lawful reason, in particular to update the software or to perform software maintenance.

i. DISCLAIMERS
i. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
ii. Content: While we try to ensure that information on the Glasy Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the Glasy Platform including to Goods and prices described on it, at any time without notice. The material on the Glasy Platform may be out of date, and we make no commitment to update that material.
iii. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information (“Storefront Information”) from the storefronts that are provided to us by Merchants. However, it is the Merchants that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Merchant directly before ordering.
iv. Merchant actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the Merchant that you place your Order with. We have no control over the actions or omissions of any Merchant. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Glasy Platform:
1. We do not give any undertaking that the Goods ordered from any Merchant through the Glasy Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
2. Estimated times for pick-ups are provided by the Merchants and are only estimates. Neither we nor the Merchants guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
3. We encourage all Merchants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by text message or push notification) as soon as reasonably practicable if a Merchant rejects your Order. However, we do not guarantee that Merchants will accept all Orders, and Merchants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
The foregoing disclaimers do not affect Customer’s statutory rights against any Merchant.
v. Service Disclaimers
1. Viruses. The downloading and viewing of the Glasy Platform or the Content is done at your own risk. Glasy cannot and does not guarantee or warrant that the Glasy Platform or the Content are compatible with your computer system (inclusive of any computing hardware such as a tablet or smart phone) or that the Glasy Platform or the Content, or any links from the Glasy Platform or the Content, will be free of viruses, worms, malware, spyware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Glasy Platform.
2. Communications Not Confidential. Glasy does not guarantee the confidentiality of any communications made by you through the Glasy Platform. Although Glasy generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Glasy Platform, you understand, agree and acknowledge that Glasy cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Glasy Platform.

j. NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.
i. NO IMPLIED WARRANTIES. THE GLASY SERVICES, THE GLASY PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GLASY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE GLASY SERVICES, GLASY PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE GLASY SERVICES, THE GLASY PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
ii. EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL GLASY BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT GLASY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE GLASY SERVICES, THE GLASY PLATFORM OR THE CONTENT.
iii. NO RESPONSIBILITY FOR MERCHANTS. MERCHANTS OFFERING GOODS OR SERVICES THROUGH THE GLASY PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF GLASY. GLASY IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY MERCHANTS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY MERCHANTS.
iv. LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF GLASY IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE GLASY SERVICES, THE GLASY PLATFORM OR THE CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR (II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
v. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Glasy Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH GLASY WOULD NOT MAKE THE GLASY PLATFORM AND/OR GLASY SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

k. Indemnification
You agree to defend, indemnify and hold harmless Glasy, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:
i. your breach of these Terms of Service or any documents referenced herein;
ii. your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
iii. your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or
Glasy reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Glasy.

l. Governing Law and Dispute Resolution
i. Governing Law. These Terms of Service will be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Glasy Platform, the Glasy Services or the Content, notwithstanding your domicile, residency or physical location. The Glasy Platform, the Glasy Services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
ii. Dispute Resolution Process.
1. Except to the extent restricted by applicable law, if there is any dispute or controversy between (a) you and (b) Glasy, including any dispute or controversy arising out of or relating to these Terms of Service, the Glasy Platform or Glasy Services, any interactions or transactions between (a) you and (b) Glasy, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a “Dispute”), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
2. Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. You and us will equally split reasonable arbitration costs.
3. Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against Glasy.
4. Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

m. Miscellaneous
i. Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.
ii. Entire Agreement. If you are a Customer, these Terms of Service, the Privacy Policy and any documents incorporated by reference herein constitute the entire agreement between Glasy and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Glasy with respect to the Glasy Platform. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
iii. Notices. Glasy may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the Glasy Platform or by email or text message at the then-current email address for you on file with Glasy. Glasy may be contacted in writing at:
INQUIRIES: [email protected].
Glasy may change its notice contact information from time to time by posting updated contact details on the Glasy Platform.
iv. No Waiver. Glasy’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
v. Force Majeure. Glasy will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Glasy’s reasonable control, including but not limited to acts of God, power outages, the hosting platform being down, outage due to malware, spyware, ransomware or hacking, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
vi. Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
vii. Order of Precedence. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between you and us, then these Terms of Service will prevail; provided that, if you are also a Merchant registered on the Glasy Platform, the terms applicable to the Merchant agreement will govern your relationship with Glasy in connection with your use of the Glasy Platform as a Merchant offering its services.
viii. Quebec Language Laws. You and us agree that these Terms of Service, all other documents referred to in these Terms of Service be drafted in English. Les Parties aux présentes ont convenu de rédiger ce Contrat ainsi que tout document s’y référant et tout bon de commande émis en vertu de ce Contrat, en anglais.
ix. Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

II. ORDERING TERMS

a. Access, Glasy Services and Products
Through the Glasy Platform you may place orders for Goods from Merchants and Glasy may provide customer care support between you and Merchants (these services and associated services such as order management, payment processing for Orders and provision of access to the Glasy Platform provided by Glasy from time to time are the “Glasy Services”). For avoidance of doubt, Glasy does not prepare or fulfil any orders for Goods or provide delivery services and you agree that Glasy will not be liable for any transactions between Customers and Merchants. Glasy may provide products or services to Merchants through a separate agreement executed with such parties. Storefront and other Merchant-related information on the Glasy Platform is content provided by the Merchant and not Glasy.

b. Customer Account
To use the Glasy Platform and most features of the Glasy Services, you are required to successfully create a user account (the “Glasy Customer Account”) using the available interfaces at the Glasy Platform.

c. Placing Orders
i. Once you have created your Glasy Customer Account you may select Goods from a Merchant’s menu, choose your desired quantities, and then add them to your cart. Your cart may be edited at any time prior to placing an Order. Once you have made your selection, you may proceed to place your Order. At this time you will have the opportunity to review your cart items. After you review and confirm that the items in your cart are correct, you may proceed to place your Order, provide your payment card information and an Order will be created and sent to the Merchant. You are responsible to ensure that all of your Order details, including billing, delivery address, if applicable, and other information is current, complete and accurate. Your payment card will be authorized when you place your Order if the Order is a Card Order (as defined in Section II(f)(ii). Your payment card will be charged 24 hours after you place your order. Once you have placed your Order, you will not be entitled to change or cancel your Order and you will not be entitled to a refund (except where required by law). Notwithstanding that you are not entitled as of right to change or cancel your Order or be entitled to a refund (except where prohibited by law), if you wish to amend or cancel your Order for a total or partial refund of your Order’s price, you must get in touch with Glasy via chat, email or the Glasy support phone line at the contact information provided on the Glasy Platform.
ii. We encourage Merchants to confirm all Orders and to communicate any inability or unwillingness to confirm promptly, and we will notify you as soon as reasonably practicable if the Merchant does not confirm your Order. Merchants may have the discretion to not confirm Orders. To the extent non-confirmation or cancellation is takes place within 24 hours of placing the Order, for Card Orders (as defined in Section II(f)(ii) below), Glasy will cancel your Order after communicating to you the non-confirmation or cancellation of your Order by the Merchant. If we agree to cancel or refund your order the Merchant hereby agrees to honor the refund as well and Glasy will not be liable to Merchant for any payment related to the applicable cancelled or refunded Order.
iii. Because of standard banking procedures, once you have placed a Card Order and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is not confirmed by the Merchant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that Glasy and the relevant Merchant will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
iv. You agree that Glasy and the Merchant will have no liability to you for Orders that are not confirmed, are cancelled or that the Merchant has been unable or unwilling to fulfill.

d. Customer Care, Goods Contract, and Refunds
i. Glasy may offer customer care in respect of issues relating to the Merchants If you have any problems, questions or suggestions with respect to the Glasy Platform or your Order, please contact Glasy’s customer care team (and not the Merchant) via email (preferable – [email protected]) or phone at the contact information provided on the Glasy Platform.
ii. The legal contract for the purchase of Goods will in all cases be between the Customer and the Merchant. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for the sale of Goods between you and the Merchant by means of you placing Orders via the Glasy Platform App. We may act as agent for the Customer and the Merchant for the legal contract for the purchase and sale of the Goods. YOU ACKNOWLEDGE AND AGREE THAT NO MEMBER OF GLASY HAS ANY CONTROL OVER THE QUALITY OF THE GOODS OR SERVICES OFFERED BY MERCHANTS AND THAT GLASY WILL HAVE NO LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE MERCHANT CONCERNING YOUR ORDERS, INCLUDING, WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED GOODS ITEMS, AND ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE GOODS DELIVERED INCLUDING IF GOODS CAUSE ILLNESS, ALLERGIC REACTIONS OR HAVE INCORRECT NUTRITIONAL VALUES.
iii. We are not liable for any issues related to product and services pick-up.
iv. Glasy may direct the applicable third-party payment provider to provide, in Glasy’s discretion, the refund or compensation by payment to your payment credit or debit card or providing the Customer with Glasy Credits (as defined below).

e. Payment Processing Services
Payment processing services for the Glasy Platform App are provided by payment services providers as Glasy may choose from time to time (collectively referred to as the “Payment Processing Services Provider”). Glasy is set up so that the Payment Processing Service Provider is a plug-in and integrated into the Glasy Platform App and as a result in providing your financial information you are providing this information directly to the Payment Processing Services Provider. You will be provided with the terms and conditions of the Payment Processing Services Provider and your payment shall be processed by the Payment Processing Services Provider and as a result you agree hereby confirm that if you proceed with the payment you do agree to the Payment Processing Services Provider’s terms and conditions. To the extent applicable, you hereby authorize Glasy to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the Glasy Platform App. You also agree that Glasy is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.

f. Price and Payment
i. Goods’ prices listed on the Glasy Platform App from Merchant are in Canadian dollars. Good prices may not include applicable tax. Taxes may be added at checkout and will be payable by you along with the Order price.
ii. Payment for Orders must be made with an accepted credit or debit card through the Glasy Platform App (“Card Orders”).
iii. For Card Orders, you will be authorized at the time of placing your Order and charged within 24 hours of placing your Order. The Glasy Platform App uses the third party payment processors to effect charges onto your debit or credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. Your account will contain an Order history through the Glasy Platform App, this is the only billing statement that will be provided by us.
iv. Glasy or the Merchant is under no obligation to fulfill your Order at the incorrect price. Prices at the Merchant’s Goods in the Merchant’s physical location and at the Glasy Platform App may be different. Any such differences will not entitle you to a refund or a reduction in price of your Order.
v. Goods’ prices, delivery charges and any other fees are subject to change at any time at Glasy’s or the Merchant’s discretion.

g. Pickup
i. You must pick up your Order at the premise of the Merchant (“Pickup Order”). You may be provided a time for when the Pickup Order will be ready for pickup. These times are only an estimate and Glasy and the Merchant offer no guarantee that these times will be achieved. Glasy is not responsible for any delays in receiving or having your Order ready for any reason. For a Pickup Order, you will arrive at the time provided and Glasy and the Merchant are under no obligation to remake or refund the Goods if you do not arrive when indicated.

h. Alcohol
i. If you order alcohol or any other Goods or Services that are legally restrict by age, you warrant that you are of legal age to purchase and consume Goods or Services in the area in which the Goods or Services provided to you and are not ordering alcohol or any other Goods or Services that are legally restrict by age for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that Merchants may require valid government-issued photo identification(s) matching the name on the order and proving your age to the Merchant, and that the recipient is not intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Merchant then alcohol or any other Goods or Services that are legally restrict by age may be withheld, and any refund for such withholding is at the discretion of the Merchant or Glasy. 

III. LOYALTY REWARDS, PROMOTIONAL VOUCHERS, REFER-A-FRIEND PROGRAM, GIFT CARDS AND GLASY CREDITS AND CONTESTS

a. Eligibility Tokens
The following terms and conditions will apply to all eligibility tokens which can be earned through participating in the activities and games on the Glasy Platform App as applicable and directed by the Glasy Platform App and are issued for free from time to time for use to create eligibility of the Customer to benefit from a Merchants Loyalty Rewards on Orders on the Glasy Platform App (“Eligibility Tokens”):
i. Eligibility Tokens are earned through the Customer’s participation in the activities and games in the Glasy Platform App as directed by Glasy Platform App. Eligibility Tokens permit the Customer to participate in the Loyalty Rewards as defined in Section III(b). If a Customer does not have a sufficient number of Eligibility Tokens the Customer is not permitted to participate in the Loyalty Rewards. The particular terms of an Eligibility Token (for example, the number required to participate) and any other rules that may apply may described in the information accompanying or in conjunction with the Eligibility Token.
ii. Glasy may expire Eligibility Tokens without notice.
iii. Eligibility Tokens must be used in conjunction with a Glasy Customer Account.
iv. Glasy will not be liable to you, any Customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Eligibility Token or any failure or inability of a Customer or household to use an Eligibility Token for any reason.
v. For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Eligibility Tokens or to vary or terminate the operation of an Eligibility Tokens at any time without notice.

b. Loyalty Rewards
The following terms and conditions will apply to all loyalty rewards program which can be earned through continued purchases by the Customer with a given Merchant on the Glasy Platform App as applicable on the Glasy Platform App with such loyalty rewards being controlled by the Merchant and issued based on these Terms of Service and any other additional terms or constraints as decided by the Merchant to allow the Customer to apply loyalty rewards on Orders by Customer to the specific Merchant that issued the loyalty rewards on the Glasy Platform App (“Loyalty Rewards”):
i. In addition to that which is outlined below, to be eligible to earn and use Loyalty Rewards, you must (a) be eligible for a Glasy Account in accordance with these Terms of Service, (b) hold, or have submitted a request to create, a Glasy Account; (c) possess the legal authority to agree to the Terms of Service; and (d) reside in a jurisdiction which legally permits participation in the Loyalty Rewards program in accordance with these Terms of Services. The Loyalty Rewards is only intended for use within Canada.
ii. Glasy will use your personal information to administer the Loyalty Rewards. By participating in the Loyalty Rewards, you consent to the collection, use, and disclosure of your personal data by Glasy, in accordance with our Privacy Policy, these Terms of Service, and other documents that form part of your agreement with us. Without limiting the generality of the Privacy Policy, the personal information that we use to administer the Loyalty Rewards may include: (a) your name, phone number, and email address, to administer your account; and (b) additional, optional personal information that we may request from time to time and which you may choose to provide, such as mailing address and birth date, to determine your eligibility for offers, Loyalty Rewards, other rewards, and other benefits under the Loyalty Rewards program. We will also use your order history together with the aforementioned information to permit us to determine your eligibility for offers, Loyalty Rewards, other rewards, and other benefits under the Loyalty Rewards program.
iii. Loyalty Rewards are earned through making purchases with participating Merchants. The applicable and participating Merchants will determine how many Loyalty Rewards you receive on each purchase through the Glasy Platform App for that specific Merchant. Loyalty Rewards is credit toward Orders with the Merchant in which the Customer received the Loyalty Reward from in a particular dollar amount that is associated with a unique Glasy Customer Account. The value of Loyalty Rewards applied to your Glasy Customer Account is referred to as Customer’s “Loyalty Rewards Balance”. Subject to Customer’s collecting of a sufficient number of Eligibility Tokens, as determined by us in our sole discretion and Customer makes an Order and purchase Goods and Services from a participating Merchant through Customer’s Glasy Customer Account, Customer’s Loyalty Rewards Balance with respect to the applicable Merchant in which the Order and purchase was made will be credited by the value of the applicable Loyalty Rewards. Your Loyalty Rewards Balance includes the total remaining balance of all Loyalty Rewards Balance that has been applied to your Glasy Customer Account by way of past purchases from the applicable Merchant, but not yet applied to a purchase. To check your Loyalty Reward Balance, log in to your Glasy Customer Account.
iv. To use Loyalty Rewards, you must have a Glasy Customer Account, log in to your Glasy Customer Account and select the use of the Loyalty Rewards in placing your Order prior to ordering. When you make a purchase using your Loyalty Rewards through your Customer Account, the value of the Loyalty Rewards that you have with that given Merchant used for that purchase will be deducted from your Loyalty Rewards Balance. Merchant may determine which Goods and Services, and to what extent the cost of such Goods and Services, may be paid for using Loyalty Rewards in accordance with any additional terms and conditions. Any unused Loyalty Rewards Balance will remain associated with your Glasy Customer Account and the applicable Merchant. If the cost of an Order exceeds your Loyalty Rewards Balance with that specific Merchant, the remaining amount must be paid with another payment method.
v. Loyalty Rewards may be subject to any additional terms and conditions that may be specified in the Glasy Platform App or by a given and applicable Merchant.
vi. Merchant or Glasy may define a maximum number of Loyalty Rewards that can be earned or used for each Order. This maximum may be changed by Merchant or Glasy without notice to the Customer.
vii. If for any reason an Order earning Loyalty Rewards is cancelled or modified or you receive a refund (including service credit or voucher) in connection with that Order after you have earned Loyalty Rewards for that Order, your Loyalty Rewards Balance may be reduced by the number of Loyalty Rewards earned in connection with the portion of the Order that is cancelled, modified, or refunded, at Glasy’s sole discretion.

viii. Glasy’s records of the number of Loyalty Rewards earned, redeemed or deducted shall be deemed conclusive and binding for all purposes. If you have a concern regarding your Loyalty Rewards Balance, you must contact Glasy and provide relevant evidence within 24 hours from the relevant transaction date to report any discrepancies, and Glasy may in its sole discretion take any action that Glasy deems appropriate. If we do not hear from you within 24 hours, it means you agree with us about those Loyalty Rewards.

ix. The number of Loyalty Rewards displayed on your Glasy Account may not consistently reflect your current Loyalty Rewards Balance according to our records. To the extent permitted by law, we accept no liability for any errors in the Loyalty Rewards Balance displayed on the Glasy Platform App. If any Loyalty Rewards are awarded to your Glasy Account in error, we reserve the right to deduct the number of Loyalty Rewards awarded in error at any time and without notice to you. We are not obligated to honour a request to redeem Loyalty Rewards added to a Glasy Account in error. Loyalty Rewards will not be awarded and may be rescinded if in our reasonable opinion the Order was placed by a person not eligible to be a Member or not otherwise eligible to receive those Loyalty Rewards. We reserve the right to limit Loyalty Rewards awarded with respect to any offer or promotion to reasonable quantities.

x. You are responsible for all redemptions on your Glasy Account, including any redemptions made on your Glasy Account, and any redemptions made on your Glasy Account as a result of unauthorized access to your Glasy Account, such as due to a failure to safeguard your password.

xi. Loyalty Rewards have no cash value and are not exchangeable for cash. Except as permitted from time to time by Glasy, Loyalty Rewards cannot be assigned, exchanged, purchased or given by gift. Loyalty Rewards cannot be sold, traded, bartered, rented or otherwise disposed of. Loyalty Rewards are void if sold for cash or any other consideration. You may not set off Loyalty Rewards from any debt that you owe to Glasy, under any legal or equitable theory.

xii. Subject to applicable law, if your Glasy Account or access to the Glasy Platform is closed or terminated for any reason, any Loyalty Rewards accumulated in your Glasy Account which are not redeemed before the closure of your Glasy Account or termination of access to the Glasy Platform will be forfeited and removed from your Glasy Account.

xiii. Glasy has the right to void Loyalty Rewards or terminate the Loyalty Rewards program, close Glasy Customer Accounts and bill alternative forms of payment if it suspects that a Loyalty Rewards is obtained, used or applied to a Glasy Customer Account (or is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these Terms of Service, or in a manner that abuses the Glasy Platform. Subject to applicable law, we reserve the right to refuse to allow you or any person to participate in the Loyalty Rewards program for any reason in our sole discretion, including for not meeting the eligibility requirements or for having a Glasy Account closed previously. We may, at any time, suspend or cancel your participation in the Loyalty Rewards program for failure to comply with these Terms of Service, or any other part of your agreement with us.

xiv. Glasy reserves the right to restrict, suspend, substitute or otherwise change any aspect of the Loyalty Rewards program. We may modify all or one or more elements of these Terms of Service at any time. We reserve the right to sell or transfer all or part of the Loyalty Rewards program to a related company or to a third party, to merge with another entity or to engage in any form of corporate, reorganization or financing transaction. In addition, the manner in which the Loyalty Rewards program is provided to you may change. Please refer to our Privacy Policy for details as to how your personal information would be handled in such cases.

xv. Glasy reserves the right to withdraw or temporarily change or suspend all or part of the Loyalty Rewards program in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Loyalty Rewards program as set out in these Terms of Service. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Loyalty Rewards program in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
xvi. Glasy will not be liable to you, any Customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Loyalty Rewards or any failure or inability of a Customer or household to use Loyalty Rewards for any reason.
xvii. For greater certainty, to the extent permitted by law, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Loyalty Rewards.

c. Promotional Vouchers
The following terms and conditions will apply to all vouchers issued for free from time to time for promotional, advertising, or marketing purposes for use on Orders on the Glasy Platform App (“Promotional Vouchers”):
i. Promotional Vouchers may only be redeemed towards Orders on the Glasy Platform App and cannot be used for Goods that include alcohol or any other Goods or Services that are legally restricted by age and may not be applied to taxes or other items/fees/charges as determined from time to time by us. Promotional Vouchers may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Promotional Voucher (for example, the amount of any dollar or percentage discount, number of times the Promotional Voucher can be used, expiry date, area Promotional Voucher can be used) any other rules that may apply are described in the information accompanying or in conjunction with the Promotional Voucher (for example, the social media post or advertisement where the Promotional Voucher was posted).
ii. Promotional Vouchers must be used in conjunction with a Glasy Customer Account. Promotional Vouchers must be applied to an online Order by no later than the deadline specified on the Promotional Voucher and will expire if not applied by this time. If the Promotional Voucher provides for a discount on an Order, an amount determined by the rules of the Promotional Voucher will be credited to the Order to which the Promotional Voucher is applied.
iii. The right to use a Promotional Voucher is personal to the original recipient and may not be transferred. No Promotional Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. For greater certainty, Promotional Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or canceled.
iv. Promotional Vouchers may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time unless otherwise stated.
v. Promotional Vouchers may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned.
vi. Glasy will not be liable to you, any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Promotional Voucher or any failure or inability of a customer or household to use a Promotional Voucher for any reason.
vii. For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Promotional Vouchers or to vary or terminate the operation of a Promotional Voucher at any time without notice.

d. Refer-A-Friend Program
i. If you are a Glasy Customer Account holder, you may be entitled to voluntarily participate in the Glasy refer a friend program (the “Referral Program”). A unique alphanumeric code is assigned to your Glasy Customer Account, referred to as your personalized referral code (“Referral Code”). To participate in the Referral Program, you will need to refer friends who have never placed an order with us (“Friends”) and invite your Friends to use the Glasy Platform App with your Referral Code.
ii. You may earn Glasy Eligibility Tokens in the amount we determined from time to time once your Friend (“Referred User”) has completed an eligible order on the Glasy Platform App (“Eligible Order”). Criteria for Eligible Orders is determined in our sole discretion from time to time. Referral Eligibility Tokens will be applied automatically to toward the enablement, to the extent you have a sufficient number of Eligibility Tokens, the applicability of Loyalty Rewards. If any credit happens to remain after being applied to the order, that credit will remain on your account. Referral Credits are subject to expiration and must be used within the timeframe, if stated or otherwise determined by us from time to time. The amount of Referral Credits earned and redeemed are subject to change at any time at Glasy’s sole discretion.
iii. The Referral Code may only be used for personal and non-commercial purposes. You may share your code with your personal connections via social media, email, or word of mouth, where you are the primary content owner. In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites, affiliate websites, discussion forums, etc.), public distribution is not allowed. Promoting or advertising your Referral Code via search engine marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not allowed to misrepresent your relationship with Glasy with the Glasy Services to any third parties, and you will not make any warranty or representation on behalf of Glasy. You are not allowed to refer yourself or members of your household for the purposes of earning Referral Credit.
iv. Glasy reserves the right, at its sole discretion, to deactivate your account(s) and revoke the Referral Credits of any account holder who it finds or believes to be earning or using Referral Credits against these Terms of Service, or who is manipulating or abusing the Glasy Services or the Glasy Platform.
v. For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend these Terms of Service in relation to the use of Referral Program or to vary or terminate the operation of a Referral Glasy Credit issued pursuant to the Referral Program at any time without notice.

e. Gift Card Terms and Glasy Credits
i. Glasy may grant you credit toward eligible purchases as set out in these terms (“Eligible Purchases”) in the form of Glasy gift cards (“Gift Cards”) or Glasy credit (“Glasy Credit”). When you purchase a Gift Card, you are purchasing credit toward Eligible Purchases in a particular dollar amount and currency that is stored in an electronic form and linked to a unique gift card claim code (“Claim Code”). To use a Gift Card, you must have a Glasy Customer Account, log in to your Glasy Customer Account, and apply the Gift Card to your Glasy Customer Account by entering the Claim Code on the Glasy Platform App. Glasy Credit is credit toward Eligible Purchases in a particular dollar amount that is associated with a unique Glasy Customer Account. The value of Glasy Credit including credit from Gift Cards applied to your Glasy Customer Account is referred to as your “Glasy Credit Balance”. When you apply a Gift Card to your Glasy Customer Account, your Glasy Credit Balance will be credited by the dollar value of the Gift Card, and the value associated with the Claim Code will be reduced to zero. From time to time, Glasy may also issue Glasy Credit to you for other purposes (for example, to refund a purchase that you have made). Your Glasy Credit Balance includes the total remaining balance of all Glasy Credit that has been applied to your Glasy Customer Account by way of Gift Card or otherwise, but not yet applied to a purchase. To check your Glasy Credit Balance, log in to your Glasy Customer Account. To check the balance of a Gift Card before it has been applied to a Glasy Customer Account, simply review the email or other document in which you received the Gift Card, where the face value will be printed.
ii. The Eligible Purchases that you may purchase using Gift Cards and Glasy Credit consist of Goods, including all fees and costs on the Order for those Goods which you are permitted to purchase in accordance with these Terms of Service. Glasy reserves the right to restrict the use of Gift Cards and Glasy Credit to comply with applicable law. Gift Cards and Glasy Credit cannot be used to purchase anything other than Eligible Purchases and must be used in the currency in which they were paid or credited for.
iii. When you make a purchase from your Glasy Customer Account using Glasy Credit (including Glasy Credit from a Gift Card), the value of the Glasy Credit that you use for that purchase will be deducted from your Glasy Credit Balance. As long as you are only purchasing Eligible Purchases, you may use Glasy Credit to pay for all fees and costs on your Order, including but not limited to the cost of Goods, delivery charges, tips, and taxes. Any unused Glasy Credit Balance will remain associated with your Glasy Customer Account. If the cost of an Order exceeds your Glasy Credit Balance, the remaining amount must be paid with another payment method.
iv. Gift Cards and Glasy Credit do expire. Customer is responsible for using Gift Cards and Glasy Credit prior to their respective expiry date and neither Glasy nor the Merchants shall be liable for Customer’s failure to use the Gift Cards or Glasy Credit prior to the applicable expiration date. There are no fees associated with purchasing, using, or redeeming Gift Cards or Glasy Credit.
v. Gift Cards and Glasy Credit cannot be resold (except with the express written permission of Glasy), used for payment outside the Eligible Purchases, transferred for value, returned for a cash refund, or redeemed for cash, except to the extent required by applicable law. Gift Cards cannot be reloaded. No portion of your Glasy Credit Balance may be transferred to another Glasy Customer Account or otherwise assigned or transferred to another person.
vi. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Glasy is not responsible if any Gift Card is lost, stolen or destroyed, if your Glasy Credit Balance or any Gift Card is used without your permission, or if you lose access to your Glasy Customer Account or any Glasy Credits.
vii. Gift Cards and Glasy Credit may be subject to any additional terms and conditions that will be specified in connection with the specific Gift Card and Glasy Credit grant.
viii. Glasy has the right to void Gift Cards or Glasy Credit, close Glasy Customer Accounts and bill alternative forms of payment if it suspects that a Gift Card is obtained, used or applied to a Glasy Customer Account (or Glasy Credit is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these Terms of Service, or in a manner that abuses the Glasy Platform.
ix. For greater certainty, to the extent permitted by law, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Gift Cards or Glasy Credit.

f. Contests/Competitions
i. From time to time, Glasy may run contests or competitions (“Contests”). Those Contests will be subject to these Terms of Service, as well as rules specific to each Contest (“Contest Rules”).
ii. In general, Contests for Canadian users will be open to individual residents of Canada over the age of majority in the province or territory in which they reside, with the exception of:
1. employees, representatives and agents (and persons with whom they are domiciled, whether related or not) of Glasy, its advertising and promotion agencies; and
2. residents of Quebec, unless specified in the Contest Rules.
The Contest Rules may specify other eligibility rules.
iii. For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms of Service) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.