Terms and conditions

End user agreement for the GOLO ordering platform

THIS END USER SERVICES AGREEMENT (“AGREEMENT”) FORMS A LEGAL AGREEMENT BETWEEN YOU AND FANS ENTERTAINMENT INC. (“FANS”) WITH RESPECT TO YOUR USE OF THE GOLO ORDERING PLATFORM AND RELATED SERVICES (THE “GOLO ORDERING SERVICE”). FANS IS ALSO THE SERVICE PROVIDER TO MERCHANTS (THE “MERCHANTS”) FROM WHICH YOU MAY PURCHASE GOODS AND/OR SERVICES USING THE GOLO ORDERING SERVICE. SOMETIMES FANS IS REFERRED TO AS “WE”, “US” OR “OUR”. THIS AGREEMENT APPLIES TO THE GOLO ORDERING SERVICE THAT YOU ARE AUTHORIZED TO USE WHILE THIS AGREEMENT IS IN FORCE. BY CREATING A FAN’S ACCOUNT (AS DEFINED BELOW), YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO ACKNOWLEDGE THAT YOUR PURCHASES USING THE GOLO ORDERING SERVICE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY MERCHANTS AND MADE AVAILABLE TO YOU PRIOR TO YOUR PURCHASE.

PLEASE NOTE THAT, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, (I) YOUR MERCHANT AND FANS DO NOT PROVIDE WARRANTIES FOR THE GOLO ORDERING SERVICE AND (II) THIS AGREEMENT CONTAINS LANGUAGE THAT LIMITS YOUR MERCHANTS’ AND FANS’ LIABILITY. CONSEQUENTLY, PLEASE READ SECTIONS 9, 10, AND 11, OF THIS AGREEMENT CAREFULLY.

1. SERVICE DESCRIPTION:

a. The GOLO Ordering Service allows You to pay for and order goods using a mobile application or website.

b. You may have the option to pick up goods or have the goods delivered.

c. You can order using the order for “now” or using the “order later” feature and, in either case, will be notified when the order is ready for delivery.

d. Orders may only be paid for by using credit card (Visa or MasterCard) or Visa Debit card.

e. The GOLO Ordering Service is available on IOS and Android and on the web.

2. CREATION OF GOLO SERVICE ACCOUNT

You can register and create your personal account (“GOLO Account”) by using your email and creating your own password.

3. CONTENTS OF GOLO ACCOUNT:

Data stored within your GOLO Account contains the following information: Your first name, last name, phone number, email address, gender (optional), birth date, country and postal code. All information pertaining to Your order and purchase history is maintained by FANS for a period of seven (7) years; including without limitation, Your name, the date and time each of Your orders was placed, details of Your orders, frequency of Your orders, purchase amounts, Your address for delivery of orders, and Your mobile phone number.

4. YOU ARE RESPONSIBLE FOR YOUR GOLO ACCOUNT

You are solely responsible for all activities that take place with your email and password (“Credentials”) and you are responsible to ensure that you and only you use your Credentials to access your GOLO Account. You are responsible for maintaining the confidentiality of your Credentials and are similarly responsible for all uses of your GOLO Account with such Credentials whether or not such uses are authorized by you. You must immediately notify FANS by email at legal@gololocal.com, if the security of your GOLO Account has been compromised in any way. The Merchant or FANS is not required to confirm the identity or the access right of any individual who uses your Credentials to access your GOLO Account. Non-personal and commercial accounts are prohibited under the GOLO Ordering Service.

5. DURATION/TERMINATION

a. Subject to the provisions hereof, once the GOLO Account is created by you, you will be able to access and use your GOLO Account until you decide to terminate your GOLO Account.

b. FANS may cease providing you the GOLO Ordering Service: (i) if you do not comply with this Agreement; (ii) if termination or suspension is necessary to prevent threats to the privacy, security and integrity of your data or the data of other users or to the performance or availability of the GOLO Ordering Service; (iii) to comply with any applicable law or court order; and/or (iv) FANS discontinues the provision of the GOLO Ordering Service.

c. You may terminate this Agreement and terminate your GOLO Account at any time by removing the GOLO Ordering Service application from your mobile device. Upon termination of your GOLO Account, FANS will maintain a copy of your GOLO Account for a period of seven (7) years from your last transaction or from the creation of your GOLO Account, as the case may be, subject to FANS’ standard back-up procedures.

6. PRIVACY AND SECURITY

We are committed to protecting the security of your personal information. FANS and the Merchants apply industry standard safeguards to protect the confidentiality of your personal information. The systems used to provide the GOLO Ordering Services use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, the personal information within your GOLO Account is stored on computer servers, with limited access, and which are located in controlled facilities. Data encryption is used during transmission of personal information. The GOLO Ordering Service is designed to allow you to change your password at any time, as you deem necessary (we recommend a change of password every 90 days). Unfortunately, no collection or transmission of information over the Internet or other publicly accessible communications networks can be guaranteed to be 100% secure, and therefore, we cannot ensure or warrant the security of any such information.

7. USE OF THE GOLO ORDERING SERVICE

You must use the GOLO Ordering Service from Canada. You may start using the GOLO Ordering Service as soon as you have finished the sign-up process and agreed to the terms of this Agreement. While using the GOLO Ordering Service, you will comply with the terms set forth herein, which includes that you will (i) comply with applicable laws and regulations; (ii) maintain the confidentiality of your GOLO Account (including Credentials) and all of uses of your GOLO Account; (iii) promptly notify us if you observe or learn of a privacy/security breach related to the GOLO Ordering Service; (iv) be responsible to communicate with the Merchant if you notice that the data within your GOLO Account is not accurate and/or exhaustive; and (v) indemnify the Merchant and FANS for any failure to comply with the above. In using the GOLO Ordering Service you agree not to:

a. use or permit any other party to: use the GOLO Ordering Service to perform any activity that violates any applicable laws and/or, if applicable, use the GOLO Ordering Service to transmit or send any inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;

b. engage in any activity that could compromise the security of or disrupt or interfere with the GOLO Ordering Service or any network or computers on the Internet or disrupt or interfere with the services of any third party;

c. invade anyone's privacy by any means including but not limited to, by (i) misrepresenting the source of anything you may post, including impersonation of another individual or entity; (ii) attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;

d. knowingly provide false or misleading information;

e. circumvent, decrypt or bypass any technology that is used to protect the GOLO Ordering Service;

f. perform any activity that would harm or disrupt another user’s device or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming; resell, rent or redistribute the GOLO Ordering Service; and

g. disassemble, decompile, or reverse engineer any software included and/or use in the GOLO Ordering Service, except and only to the extent that the law expressly permits this activity.

In using the GOLO Ordering Service you further agree to the following:

h. You agree that all orders of goods made and confirmed through the GOLO Ordering Service are final. You agree to be responsible for any mistake made at the time of the order and for any order made via Your account or device whether or not authorized by You.

i. Any issue or complaint regarding the ordered items should be addressed with the applicable Merchant.

j. If You order goods that are restricted by age through the GOLO Ordering Service, You acknowledge and agree or confirm that You are of legal age to order said goods in the jurisdiction where the goods are being ordered and consumed. You are hereby advised that You may be requested to show a recognized government issued ID at the time of the delivery or pick-up of any goods. Should You not have the requested ID, you will still be responsible for the payment of the goods ordered via the GOLO Ordering Service that cannot be returned.

k. Estimated times for deliveries and pick-ups are provided by the applicable Merchant and are only estimates.

l. You acknowledge that a Merchant may accept or reject an order (at any time because they are too busy, due to weather conditions or for any other reason). FANS will notify You (generally by email) as soon as reasonably practicable if a Merchant rejects Your order. However, We do not guarantee that any Merchant will accept Your orders.

8. HOW WE AND YOUR MERCHANTS USE YOUR PERSONAL INFORMATION

The terms applicable to the collection, use and/or disclosure of Your personal information by FANS or any Merchant are set out in the privacy policy available at https://showcase.gololocal.com/en/privacy-policy, which is subject to change from time to time in accordance with its terms. You hereby consent to the collection of Your personal information requested through the GOLO Ordering Service by Us and the Merchants. The Merchants and FANS commit to disclose Your personal information only to our respective parents, affiliates, subsidiaries, employees, subcontractors and suppliers to the extent necessary to provide the GOLO Ordering Service (which may include support, maintenance and incident resolution services) and as described in the FANS privacy policy. Usage of Your personal information for the provision of the GOLO Ordering Service includes that the Merchant or FANS may use your personal information:

  • to provide you with information about the GOLO Ordering Service, including updates and notifications; and
  • to send you e-mail communication, if any.

The Merchant or FANS may hire other companies to provide the GOLO Ordering Service or portion of it on its behalf. The Merchant or FANS shall provide to those companies only the personal information they need in connection with the GOLO Ordering Service. In such circumstances, We and the Merchants will require the companies to maintain the confidentiality of Your personal information and will prohibit them from using such information for any other purpose.

In addition, any Merchant or FANS may use and/or disclose Your personal information if such Merchant or FANS believes such action is necessary to comply with applicable legislation or a legal process served on such Merchant or FANS (including for the purpose of investigating fraud or other offences). Personal information collected by FANS may be sent electronically to servers and/or datacenters anywhere in the world and may be used, stored and processed anywhere in the world. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the (relevant) privacy policy.

A Merchant may have additional terms and conditions relating to the collection, use and disclosure of Your personal information. Any such additional terms and conditions will be made available for Your review prior to You making a purchase from such Merchant.

Aggregated Personal Information. You accept and consent (i) that FANS or the Merchants may use Your personal information to which it has access as part of the delivery of the GOLO Ordering Services and for statistical purposes; and (ii) that FANS may use and share non-identifying information derived from Your personal information to third parties for the delivery by FANS or a third party of business intelligence services (including analytical consultation services).

9. WARRANTY AND DISCLAIMER

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES IN YOUR JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT YOU WE AND THE MERCHANTS PROVIDE THE GOLO ORDERING SERVICE ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF SAME IS STRICTLY AT YOUR OWN RISK, WITH NO ADDITIONAL REPRESENTATIONS, CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. YOUR MERCHANT DOES NOT GUARANTEE TIMELY, ERROR-FREE OR UNINTERRUPTED GOLO ORDERING SERVICE OR THE ACCURACY AND COMPLETENESS OF YOUR GOLO ACCOUNT OR TIMELINESS OF INFORMATION AVAILABLE FROM THE GOLO ORDERING SERVICE. THE GOLO ORDERING SERVICE MAY FAIL OR BE INTERRUPTED FOR REASONS INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, TECHNICAL LIMITATIONS, DEFECTS OR FAILURES, LIMITATIONS OF THE SYSTEMS OF TELECOMMUNICATIONS COMPANIES, EMERGENCY OR PUBLIC SAFETY REQUIREMENTS, OR CAUSES BEYOND YOUR MERCHANTS’ OR IT’S OPERATOR’S REASONABLE CONTROL.

10. LIABILITY LIMITATION

THE FOLLOWING LIMITATIONS/EXCLUSIONS DO NOT APPLY IN THE PROVINCE OF QUÉBEC FOR MATERIAL INJURY CAUSED THROUGH AN INTENTIONAL OR GROSS FAULT OF FANS OR A MERCHANT AND/OR BODILY INJURY CAUSED TO YOU BY FANS OR A MERCHANT. A. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU HEREBY AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, YOU CAN ONLY RECOVER FROM FANS OR YOUR MERCHANT THE DAMAGES THAT ARE DIRECTLY ARISING FROM A FAILURE BY FANS OR YOUR MERCHANT TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND IN ANY EVENT THE TOTAL CUMULATIVE AMOUNT WHICH YOU CAN RECOVER SHALL NOT EXCEED THE PURCHASE PRICE OF YOUR LAST ORDER. IN ADDITION, NONE OF FANS, YOUR MERCHANT, ITS OPERATOR OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE TO YOU (OR ANY THIRD PARTY) FOR ANY CLAIM, LOSS, COST, EXPENSE OR DAMAGE WHATSOEVER INCLUDING (A) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; (B) LOSS OF PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER ECONOMIC LOSS OF ANY NATURE; (C) LOSS OF USE, LOSS OF DATA, LACK OF AVAILABILITY OF YOUR DATA OR THIRD PARTY MATERIALS; (D) INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; (E) ANY DAMAGES WHATSOEVER RELATING TO THE USAGE OF THIRD PARTY PRODUCTS OR SERVICES (INCLUDING APPLICATIONS AND/OR DEVICES) ACCESSED THROUGH THE GOLO ORDERING SERVICES OR NOT; OR (F) ANY DAMAGES WHATSOEVER RELATING TO BUSINESS INTERRUPTION, DELAYS, VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS, USE AND/OR RELIABILITY OF THE GOLO ORDERING SERVICES, INCOMPATIBILITY BETWEEN THE GOLO ORDERING SERVICE AND OTHER SERVICES, SOFTWARE AND HARDWARE. B. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR OF IMPLIED CONDITIONS OR WARRANTIES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION CONSTITUTE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS, THE FEES THAT YOUR MERCHANT WOULD BE REQUIRED TO PAY WOULD BE SUBSTANTIALLY HIGHER AND WOULD IMPACT YOUR MERCHANTS’ ABILITY TO OFFER AND YOUR ABILITY TO RECEIVE AND USE THE GOLO ORDERING SERVICE IN YOUR JURISDICTION.

11. GENERAL

a. ACKNOWLEDGEMENT BY THE PARTIES. The parties acknowledge and agree that FANS shall retain all rights, title and interest in and to the GOLO Ordering Service (in object and source code forms) copies thereof and related materials.

b. This Agreement, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes all previous agreements or representations, oral or written with respect thereto. The waiver or failure of the Merchant to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. If a court determines that any provision of this Agreement is wholly or partially invalid or unenforceable, such invalid or unenforceable provision will be regarded as excluded from this Agreement to the extent of such invalidity or unenforceability and the other provisions of this Agreement will remain in force and not be affected thereby. The Merchant and or FANS shall have the right to retain subcontractors to perform the GOLO Ordering Service.

12. FORCE MAJEURE.

No party shall be responsible for failure or delay in performance hereunder, by reason of fire, interruptions, failures or defects in internet, telephone or other interconnection service, interruptions, failures or defects in electronics or mechanical equipment, flood, riot, strikes, labour disputes or freight embargoes, acts of god or of the public enemy, war or civil disturbances, any future laws, rules, regulations or acts of any government (including any orders, rules or regulations issued by any official or agency or such government) or any event beyond the reasonable control of a party affecting a party that would delay or prohibit performance hereunder (a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party whose performance is so affected shall promptly give notice to the other party of the occurrence or circumstance upon which it intends to rely to excuse its performance.

13. ASSIGNMENT.

You may not transfer or assign your rights or obligations under this Agreement nor can you transfer or assign your rights to use any part of the GOLO Ordering Service. This Agreement is solely for the benefit of the Merchant, FANS and you and is not for the benefit of any other third parties.

14. NOTICES.

Any notice, request, demand, or other communication required or permitted hereunder may be delivered in electronic form. We or a Merchant may notify you:

  • by email at the e-mail address you specified when you signed up for the Service; or
  • by notice directly in your GOLO Account. Any such notice, request, demand, or other communication shall be deemed to have been delivered when received by the party to whom it was addressed.

15. GOVERNING LAW AND JURISDICTION.

This Agreement and performance hereunder shall be governed by the laws of the province in which you reside. The province of Quebec shall have non-exclusive jurisdiction to hear matters arising under this Agreement.

16. LANGUAGE.

C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. It is the express wish of the parties that this Agreement as well as all documents related thereto be drafted in English.

17. REFORMATION; SEVERABILITY.

If any provision of this Agreement, including without limitation any provisions under Section 10 (WARRANTY AND DISCLAIMER) or Section 11 (LIABILITY LIMITATION) herein, is determined by a court of competent jurisdiction to be unenforceable or invalid under the law, in whole or in part, such provision shall be reformed to effectuate the intent of the parties to the maximum extent permitted by law.

THIS END USER SERVICES AGREEMENT (“AGREEMENT”) FORMS A LEGAL AGREEMENT BETWEEN YOU AND FANS ENTERTAINMENT INC. (“FANS”) WITH RESPECT TO YOUR USE OF THE GOLO ORDERING PLATFORM AND RELATED SERVICES (THE “GOLO ORDERING SERVICE”). FANS IS ALSO THE SERVICE PROVIDER TO MERCHANTS (THE “MERCHANTS”) FROM WHICH YOU MAY PURCHASE GOODS AND/OR SERVICES USING THE GOLO ORDERING SERVICE. SOMETIMES FANS IS REFERRED TO AS “WE”, “US” OR “OUR”. THIS AGREEMENT APPLIES TO THE GOLO ORDERING SERVICE THAT YOU ARE AUTHORIZED TO USE WHILE THIS AGREEMENT IS IN FORCE. BY CREATING A FAN’S ACCOUNT (AS DEFINED BELOW), YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO ACKNOWLEDGE THAT YOUR PURCHASES USING THE GOLO ORDERING SERVICE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY MERCHANTS AND MADE AVAILABLE TO YOU PRIOR TO YOUR PURCHASE.

PLEASE NOTE THAT, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, (I) YOUR MERCHANT AND FANS DO NOT PROVIDE WARRANTIES FOR THE GOLO ORDERING SERVICE AND (II) THIS AGREEMENT CONTAINS LANGUAGE THAT LIMITS YOUR MERCHANTS’ AND FANS’ LIABILITY. CONSEQUENTLY, PLEASE READ SECTIONS 9, 10, AND 11, OF THIS AGREEMENT CAREFULLY.

1. SERVICE DESCRIPTION:

  1. The GOLO Ordering Service allows You to pay for and order goods using a mobile application or website.
  2. You may have the option to pick up goods or have the goods delivered.
  3. You can order using the order for “now” or using the “order later” feature and, in either case, will be notified when the order is ready for delivery.
  4. Orders may only be paid for by using Visa or Master Card..
  5. The GOLO Ordering Service is available on IOS and Android and on the web.

2. CREATION OF GOLO SERVICE ACCOUNT

You can register and create your personal account (“GOLO Account”) by using your email and creating your own password.

3. CONTENTS OF GOLO ACCOUNT:

Data stored within your GOLO Account contains the following information: Your first name, last name, phone number, email address, gender (optional), birth date, country and postal code. All information pertaining to Your order and purchase history is maintained by FANS for a period of seven (7) years; including without limitation, Your name, the date and time each of Your orders was placed, details of Your orders, frequency of Your orders, purchase amounts, Your address for delivery of orders, and Your mobile phone number.

4. YOU ARE RESPONSIBLE FOR YOUR GOLO ACCOUNT

You are solely responsible for all activities that take place with your email and password (“Credentials”) and you are responsible to ensure that you and only you use your Credentials to access your GOLO Account. You are responsible for maintaining the confidentiality of your Credentials and are similarly responsible for all uses of your GOLO Account with such Credentials whether or not such uses are authorized by you. You must immediately notify FANS by email at legal@gololocal.com, if the security of your GOLO Account has been compromised in any way. The Merchant or FANS is not required to confirm the identity or the access right of any individual who uses your Credentials to access your GOLO Account. Non-personal and commercial accounts are prohibited under the GOLO Ordering Service.

5. DURATION/TERMINATION

Subject to the provisions hereof, once the GOLO Account is created by you, you will be able to access and use your GOLO Account until you decide to terminate your GOLO Account. FANS may cease providing you the GOLO Ordering Service: (i) if you do not comply with this Agreement; (ii) if termination or suspension is necessary to prevent threats to the privacy, security and integrity of your data or the data of other users or to the performance or availability of the GOLO Ordering Service; (iii) to comply with any applicable law or court order; and/or (iv) FANS discontinues the provision of the GOLO Ordering Service. You may terminate this Agreement and terminate your GOLO Account at any time by by removing the GOLO application from your mobile device. Upon termination of your GOLO Account, FANS will maintain a copy of your GOLO Account for a period of seven (7) years from your last transaction or from the creation of your GOLO Account, as the case may be, subject to FANS’ standard back-up procedures.

6. PRIVACY AND SECURITY

We are committed to protecting the security of your personal information. FANS and the Merchants apply industry standard safeguards to protect the confidentiality of your personal information. The systems used to provide the GOLO Ordering Services use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, the personal information within your GOLO Account is stored on computer servers, with limited access, and which are located in controlled facilities. Data encryption is used during transmission of personal information. The GOLO Ordering Service is designed to allow you to change your password at any time, as you deem necessary (we recommend a change of password every 90 days).

7. USE OF THE GOLO ORDERING SERVICE

You must use the GOLO Ordering Service from Canada. You may start using the GOLO Ordering Service as soon as you have finished the sign-up process and agreed to the terms of this Agreement. While using the GOLO Ordering Service, you will comply with the terms set forth herein, which includes that you will (i) comply with applicable laws and regulations; (ii) maintain the confidentiality of your GOLO Account (including Credentials) and all of uses of your GOLO Account; (iii) promptly notify us if you observe or learn of a privacy/security breach related to the GOLO Ordering Service; (iv) be responsible to communicate with the Merchant if you notice that the data within your GOLO Account is not accurate and/or exhaustive; and (v) indemnify the Merchant and FANS for any failure to comply with the above.

In using the GOLO Ordering Service you agree not to:

  1. use or permit any other party to: use the GOLO Ordering Service to perform any activity that violates any applicable laws and/or, if applicable, use the GOLO Ordering Service to transmit or send any inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
  2. engage in any activity that could compromise the security of or disrupt or interfere with the GOLO Ordering Service or any network or computers on the Internet or disrupt or interfere with the services of any third party;
  3. invade anyone's privacy by any means including but not limited to, by (i) misrepresenting the source of anything you may post, including impersonation of another individual or entity; (ii) attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
  4. knowingly provide false or misleading information;
  5. circumvent, decrypt or bypass any technology that is used to protect the GOLO Ordering Service;
  6. perform any activity that would harm or disrupt another user’s device or would allow others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming; resell, rent or redistribute the GOLO Ordering Service; and
  7. disassemble, decompile, or reverse engineer any software included and/or use in the GOLO Ordering Service, except and only to the extent that the law expressly permits this activity.

In using the GOLO Ordering Service you further agree to the following:

  1. You agree that all orders of goods made and confirmed through the GOLO Ordering Service are final. You agree to be responsible for any mistake made at the time of the order and for any order made via Your account or device whether or not authorized by You.
  2. Any issue or complaint regarding the ordered items should be addressed with the applicable Merchant.
  3. If You order goods that are restricted by age through the GOLO Ordering Service, You acknowledge and agree or confirm that You are of legal age to order said goods in the jurisdiction where the goods are being ordered and consumed. You are hereby advised that You may be requested to show a recognized government issued ID at the time of the delivery. Should You not have the requested ID, you will still be responsible for the payment of the goods ordered via the GOLO Ordering Service.
  4. You are hereby advised that You may be requested to show a recognized government issued ID at the time of the delivery or pick-up of any goods.
  5. Estimated times for deliveries and pick-ups are provided by the applicable Merchant and are only estimates.
  6. You acknowledge that a Merchant may accept or reject an order (at any time because they are too busy, due to weather conditions or for any other reason). FANS will notify You (generally by email) as soon as reasonably practicable if a Merchant rejects Your order. However, We do not guarantee that any Merchant will accept Your orders.

8. HOW WE AND YOUR MERCHANTS USE YOUR PERSONAL INFORMATION

The terms applicable to the collection, use and/or disclosure of Your personal information by FANS or any Merchant are set out in the privacy policy available at http://fansentertainment.com/privacy.html, which is subject to change from time to time in accordance with its terms. You hereby consent to the collection of Your personal information requested through the GOLO Ordering Service by Us and the Merchants. The Merchants and FANS commit to disclose Your personal information only to our respective parents, affiliates, subsidiaries, employees, subcontractors and suppliers to the extent necessary to provide the GOLO Ordering Service (which may include support, maintenance and incident resolution services). Usage of Your personal information for the provision of the GOLO Ordering Service includes that the Merchant or FANS may use your personal information: to provide you with information about the GOLO Ordering Service, including updates and notifications; and to send you e-mail communication, if any. The Merchant or FANS may hire other companies to provide the GOLO Ordering Service or portion of it on its behalf. The Merchant or FANS shall provide to those companies only the personal information they need in connection with the GOLO Ordering Service. In such circumstances, We and the Merchants will require the companies to maintain the confidentiality of Your personal information and will prohibit them from using such information for any other purpose.

In addition, any Merchant or FANS may use and/or disclose Your personal information if such Merchant or FANS believes such action is necessary to comply with applicable legislation or a legal process served on such Merchant or FANS (including for the purpose of investigating fraud or other offences). Personal information collected by FANS is stored and processed in Canada and United States only.

A Merchant may have additional terms and conditions relating to the collection, use and disclosure of Your personal information. Any such additional terms and conditions will be made available for Your review prior to You making a purchase from such Merchant.

Aggregated Personal Information. You accept and consent (i) that FANS or the Merchants may use Your Personal Information to which it has access as part of the delivery of the GOLO Ordering Services and for statistical purposes; and (ii) that FANS may use and share non-identifying information derived from Your Personal Information to third parties for the delivery by FANS or a third party of business intelligence services (including analytical consultation services).

9. WARRANTY AND DISCLAIMER

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY THE LAW THAT APPLIES IN YOUR JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT YOU WE AND THE MERCHANTS PROVIDE THE GOLO ORDERING SERVICE ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF SAME IS STRICTLY AT YOUR OWN RISK, WITH NO ADDITIONAL REPRESENTATIONS, CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. YOUR MERCHANT DOES NOT GUARANTEE TIMELY, ERROR-FREE OR UNINTERRUPTED GOLO ORDERING SERVICE OR THE ACCURACY AND COMPLETENESS OF YOUR GOLO ACCOUNT OR TIMELINESS OF INFORMATION AVAILABLE FROM THE GOLO ORDERING SERVICE. THE GOLO ORDERING SERVICE MAY FAIL OR BE INTERRUPTED FOR REASONS INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, TECHNICAL LIMITATIONS, DEFECTS OR FAILURES, LIMITATIONS OF THE SYSTEMS OF TELECOMMUNICATIONS COMPANIES, EMERGENCY OR PUBLIC SAFETY REQUIREMENTS, OR CAUSES BEYOND YOUR MERCHANTS’ OR IT’S OPERATOR’S REASONABLE CONTROL.

10. LIABILITY LIMITATION

THE FOLLOWING LIMITATIONS/EXCLUSIONS DO NOT APPLY IN THE PROVINCE OF QUÉBEC FOR MATERIAL INJURY CAUSED THROUGH AN INTENTIONAL OR GROSS FAULT OF FANS OR A MERCHANT AND/OR BODILY INJURY CAUSED TO YOU BY FANS OR A MERCHANT.

  1. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU HEREBY AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, YOU CAN ONLY RECOVER FROM FANS OR YOUR MERCHANT THE DAMAGES THAT ARE DIRECTLY ARISING FROM A FAILURE BY FANS OR YOUR MERCHANT TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND IN ANY EVENT THE TOTAL CUMULATIVE AMOUNT WHICH YOU CAN RECOVER SHALL NOT EXCEED THE PURCHASE PRICE OF YOUR LAST ORDER. IN ADDITION, NONE OF FANS, YOUR MERCHANT, ITS OPERATOR OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE TO YOU (OR ANY THIRD PARTY) FOR ANY CLAIM, LOSS, COST, EXPENSE OR DAMAGE WHATSOEVER INCLUDING (A) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; (B) LOSS OF PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER ECONOMIC LOSS OF ANY NATURE; (C) LOSS OF USE, LOSS OF DATA, LACK OF AVAILABILITY OF YOUR DATA OR THIRD PARTY MATERIALS; (D) INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; (E) ANY DAMAGES WHATSOEVER RELATING TO THE USAGE OF THIRD PARTY PRODUCTS OR SERVICES (INCLUDING APPLICATIONS AND/OR DEVICES) ACCESSED THROUGH THE GOLO ORDERING SERVICES OR NOT; OR (F) ANY DAMAGES WHATSOEVER RELATING TO BUSINESS INTERRUPTION, DELAYS, VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS, USE AND/OR RELIABILITY OF THE GOLO ORDERING SERVICES, INCOMPATIBILITY BETWEEN THE GOLO ORDERING SERVICE AND OTHER SERVICES, SOFTWARE AND HARDWARE.
  2. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR OF IMPLIED CONDITIONS OR WARRANTIES. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION CONSTITUTE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS, THE FEES THAT YOUR MERCHANT WOULD BE REQUIRED TO PAY WOULD BE SUBSTANTIALLY HIGHER AND WOULD IMPACT YOUR MERCHANTS’ ABILITY TO OFFER AND YOUR ABILITY TO RECEIVE AND USE THE GOLO ORDERING SERVICE IN YOUR JURISDICTION.

11. GENERAL

  1. ACKNOWLEDGEMENT BY THE PARTIES. The parties acknowledge and agree that FANS shall retain all rights, title and interest in and to the GOLO Ordering Service (in object and source code forms) copies thereof and related materials.
  2. This Agreement, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes all previous agreements or representations, oral or written with respect thereto. The waiver or failure of the Merchant to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. If a court determines that any provision of this Agreement is wholly or partially invalid or unenforceable, such invalid or unenforceable provision will be regarded as excluded from this Agreement to the extent of such invalidity or unenforceability and the other provisions of this Agreement will remain in force and not be affected thereby. The Merchant and or FANS shall have the right to retain subcontractors to perform the GOLO Ordering Service.
  3. FORCE MAJEURE. No party shall be responsible for failure or delay in performance hereunder, by reason of fire, interruptions, failures or defects in internet, telephone or other interconnection service, interruptions, failures or defects in electronics or mechanical equipment, flood, riot, strikes, labour disputes or freight embargoes, acts of god or of the public enemy, war or civil disturbances, any future laws, rules, regulations or acts of any government (including any orders, rules or regulations issued by any official or agency or such government) or any event beyond the reasonable control of a party affecting a party that would delay or prohibit performance hereunder (a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party whose performance is so affected shall promptly give notice to the other party of the occurrence or circumstance upon which it intends to rely to excuse its performance.
  4. ASSIGNMENT. You may not transfer or assign your rights or obligations under this Agreement nor can you transfer or assign your rights to use any part of the GOLO Ordering Service. This Agreement is solely for the benefit of the Merchant, FANS and you and is not for the benefit of any other third parties.
  5. NOTICES. Any notice, request, demand, or other communication required or permitted hereunder may be delivered in electronic form. We or a Merchant may notify you:
    • by email at the e-mail address you specified when you signed up for the Service; or
    • by notice directly in your GOLO Account
  6. Any such notice, request, demand, or other communication shall be deemed to have been delivered when received by the party to whom it was addressed. .
  7. GOVERNING LAW AND JURISDICTION. This Agreement and performance hereunder shall be governed by the laws of the province in which you reside. The province of Quebec shall have non-exclusive jurisdiction to hear matters arising under this Agreement.
  8. LANGUAGE. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. It is the express wish of the parties that this Agreement as well as all documents related thereto be drafted in English.