Reusable Products Service Agreement

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

These Terms and Conditions require the use of arbitration to resolve disputes, rather than recourse to the judicial system.

By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

You may not order or obtain products or services from this website if you: (i) do not agree to these terms and conditions; or (ii) are not the age of majority in your province or territory of residence

These Terms are an integral part of the Website Terms and Conditions of Use [https://www.sharewares.ca/terms-of-service] that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site [https://www.sharewares.ca/privacy-policy]

  1. Services & Engagement.

    1. You are engaging us to rent or sell reusable polypropylene to-go cups and takeout containers, and other products that may become available (the “Wares”) to your business. If applicable, you may further engage us to provide commercial food-grade sanitization services for the Wares through the WashLab Service, defined below (the “Services”). The exact Services you have chosen are detailed on your order confirmation email and are offered in accordance with these terms and conditions and with our published or specified prices, services rates and any applicable additional charges or taxes.

    2. We will use commercially reasonable efforts to provide the Services to you in a manner consistent with industry practice. The manner and means by which we choose to perform the Services are in our sole discretion and control.

  2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products and services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

  3. Prices and Payment Terms.

    1. All prices, discounts, and promotions posted on our Site are subject to change without notice. The price charged for a product or service will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotion or discounts that may be applicable. The priced charged will be stated clearly in your order confirmation email. Price increases will only apply to orders placed after the time of increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    2. Credit card payment must be received by us at time of order[AB1] .

  4. Shipment; Delivery; Title and Risk of Loss.

    1. We will arrange shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

    2. Title in the products you order, and risk of loss is passed to you upon delivery to the address on your order confirmation email.  Any delivery, pick-up or shipment dates provided by us are estimates only and we are not liable for any loss, damage, cost, or expense for any failure to deliver or pick-up in accordance with the given delivery, pick-up or shipment date.

    3. We have no obligation to ensure sanitation standards are maintained once your order has been delivered.

  5. The WashLab Service

    1. We offer commercial food-grade sanitation services for all Wares. We are happy to come by your place of business to pick up dirty cups and take-out containers to be washed at The WashLab (the “WashLab Service”). Any pick-up dates provided by us are estimates only and we are not liable for any loss, damage, cost, or expense for any failure to pick-up in accordance with the given pick-up date

    2. In the event you have chosen to engage us for the WashLab Service, custom terms may be negotiated depending on the needs of the customer and abilities of ShareWares.

  6. Returns and Refunds.

    1. Returns may be partially or fully refunded at the discretion of Sharewares as washing costs may need to be recovered if the products are not clean and sanitized to ensure the health and safety of other customers.

  7. YOUR OBLIGATIONS

    1. You understand and agree that:

      1.  you must maintain an active Sharewares account (the “Account”) in order to access the Services provided by us under this Agreement;

      2. you are responsible for maintaining the cleanliness of the Wares once you receive your order from us;

      3. you may not attach stickers or adhere anything to the Wares;

      4. you may not write on the Wares unless using approved markers;

      5.  you or your staff must do a quality-control check before food or beverage is put into the Ware;

      6. If you do not engage the WashLab Service, you are fully responsible for the sanitation and quality control check.

      7. Any reusable case which products arrive in are the property of ShareWares and must be returned when their intentended purpose or delivering and storing ShareWares’ products is finished.  Refundable deposits may apply to these cases.

  8. Warranty and Disclaimers.

    1. We are not responsible for the quality, character or safety of any Wares available through the website. The provision of the Wares to your customers constitutes an agreement entered into between you and your customers. We are not a party to any such agreement.

    2. The Wares are constructed with durable, shatterproof and long-lasting materials. If any Ware does not perform due to a defect in materials or manufacturing, we will refund your money and collect the item for inspection. Any defective Ware must be returned to us with a written explanation of the defect and proof of purchase.

    3. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY USE TO THE FULLEST EXTENT PERMITTED BY LAW.

  9. YOUR REPRESENTATIONS AND WARRANTIES

    1. You represent, warrant and covenant to us that:

      1. you hold and will maintain all licences, permits, approvals and authority required to operate your business legally;

      2. you will follow all guidelines and policies which may be implemented by us with respect to the Products or Services from time to time; and,

      3. all information provided to us in any form regarding the Services is true and accurate;

  10. LIMITATION OF LIABILITY.

    1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST GOODWILL, PROFITS OR REVENUES, DAMAGES FOR PERSONAL INJURY, USE OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, OR WHICH ARE IN ANY WAY CONNECTED WITH THE PROVISION, USE OR INABILITY TO USE THE PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, GROSS NEGLIGENCE OR NEGLIGENCE CAUSING LOSS, DELAY, THEFT, DAMAGES, FAILURE TO DELIVER OR PICK-UP, SUSPENSION OR TERMINATION OF THE SERVICES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE US FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. IN THE EVENT OF A CIRCUMSTANCE CONTEMPLATED UNDER THIS ARTICLE 10, WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

  11. Indemnification

    1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services or Products.

  12. WAIVER OF RECOURSE TO THE COURTS AND BINDING ARBITRATION.YOU AND WCHV ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.The arbitration will be administered by the Vancouver International Arbitration Centre under the Rules of the Vancouver International Arbitration Centre. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

  13. GENERAL

    1. Amendment.  We may unilaterally modify, amend or supplement this Agreement at any time without notice, which revisions shall take effect immediately. Any modifications, amendments or supplements are authorized or effective once we have provided you with a written copy to the email address we have on file. You understand and agree that it is your responsibility to keep your contact information up to date.

    2. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, with respect to the subject matter hereof, and any entity receiving services hereunder or the benefit of Services hereunder warrants and represents that it has not relied and will not be relying upon any statement, representation or advice regarding such service except representations expressly made in this Agreement.

    3. Currency. Unless otherwise noted, all references to currency in this Agreement are in Canadian Dollars.

    4. Compliance with Laws. You agree to comply with all federal, provincial and municipal laws, regulations, by-laws, and rules that are applicable. WCHV cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process to protect the property and rights of WCHV or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.

    5. Force Majeure. Either party will not be in breach of this Agreement or otherwise liable to the other party for any delay in the performance or non-performance of any obligations under this Agreement (and the time for performance will be extended accordingly) if and to the extent that the delay or non-performance is owing to an act of God, war, natural disaster, government regulations or other unforeseeable event or circumstance beyond a party’s reasonable control, provided that such party claiming such delay or non-performance has provided written notice to the other of the particulars of delay or non-performance.

    6. Limitation on Actions. No action, regardless of form, arising from this Agreement may be brought by either party more than two years after the cause of action has occurred except that an action for non-payment may be brought at any time.

    7. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations proposals, representations or agreements, either written or oral, relating in any manner to the Services.

    8. Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

    9. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada, without reference to conflict of laws.

    10. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of this Agreement.