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TERMS AND CONDITIONS

SECTION 1 – OVERVIEW

These Terms and Conditions (the “Terms” or the “Terms and Conditions”) sets out the terms, policies, rules, and conditions through which our application entitled Small Business Community operates. The Small Business Community application is an easy-to-use application intended for business owners and customers.

The Small Business Community application promotes small businesses by establishing a loyalty club and awarding customers points to those customers who can redeem these points from different businesses registered on the Small Business Community application.

In these Terms, SBC Club Inc., the operator and owner of the Small Business Community application, will be referred to as “we”, “our”, “us” and other similar terms. The terms “you”, “your” and other similar terms will refer to anyone who is using the Small Business Community application.

Please note that your access to and use of the Small Business Community application is conditioned upon your acceptance of and compliance with these Terms. These Terms create a contractual relationship between you and us.

We reserve the right, without limitation, to terminate, limit, modify, or cancel the Small Business Community application, at any time, with or without notice.

SECTION 2 – DEFINITIONS AND APPLICATION

 

2.1 Definitions

In these Terms and Conditions, the following terms written in capital letters will have the following meanings:

  1. “Application” means the Small Business Community application, website and our platform through which we will be providing our services.
  2. “AODA” means the Accessibility for Ontarians with Disabilities Act of 2005.
  3. “Business Owner” means the business or merchant providing services through or on our Application.
  4. “COPPA” means the Children Online Privacy Protection Act of 1998.
  5. “Customer” means the person who is going to use our Application and purchase products and/or services from the Business Owners. 
  6. “Gift Card” means the redeemable code that can be accessed by methods under which the funds may be deposited on our Application. 
  7. “Reward Point” means a reward a Customer may earn through our Application.
  8. “Services” means the services attainable and provided through our Application.

When used in these Terms, terms such as you”, “your” and other similar terms will refer to both or either of the Business Owner and/or the Customer.

2.2 Application

We encourage you to carefully review these Terms as they govern your usage of our Application. Your usage of our Application will be conditional upon your acceptance of these Terms in full.

Upon accessing, visiting or using our Application, you will be bound and governed by these Terms. These Terms will be binding and applicable to all users of our Application. Your usage of our Application will be deemed to be your acceptance of these Terms.

If you do not agree with any portion of these Terms, your sole recourse is to not use our Application.

2.3 Updates

We may update these Terms at any time at our discretion. The most recent version of these Terms will be published on our Application. You will be bound by the updated Terms as of their publication on our Application.

SECTION 3 – ELIGIBILITY AND REQUIREMENTS

 

3.1 Age Requirement

You must be at least fourteen (14) years old in order to use our Application and Services. In compliance with COPPA, we do not knowingly collect any personal data from anyone under the age of fourteen (14). Our Application is not intended to be used by minor users.

If you are under the age of fourteen (14) and want to use our Services, you must secure the consent of your parent or legal guardian. As such, users under the age of fourteen (14) are not permitted to use our Application without the knowledge and approval of the user’s parent or legal guardian, in compliance with the COPPA.

Notice to parents and legal guardians: You may allow your child use the Application with your knowledge and consent. If your child is using our Application without your permission, please report it to us.

 

3.2 Canadian Residents

Our Application is intended for residents of Canada only. We operate out of Canada and have been registered according to the laws of Canada. We comply with all applicable laws in Canada. We do not represent or guarantee that our Application and the content published on our Application will be appropriate or available to users located outside of Canada, nor will we have any liability with respect to the usage of our Application in other jurisdictions.

 

3.3 Participation Requirements

To use our Services, users of our Application will be required to register on our Application. To register on our Application, you will need to provide your full name, phone number, email address and business address, as further described in these Terms. During the registration process, you will provide complete and accurate information and you are responsible for maintaining your personal information current, complete and accurate.

We may automatically collect data, such as your GPS information, IP address, and other related information for purposes of improving the quality of our Services. For more information regarding our data collection, please read our Privacy Policy. 

SECTION 4 – REWARD POINTS AND REDEMPTION

  1. This reward program is based on the point system contained in our Application.
  2. Customers can earn Rewards Points based on qualifying purchases of the products and services on a per-dollar basis.
  3. One (1) Reward Point will be equal to one cent ($ 0.01).
  4. The Reward Points have no cash value and cannot be redeemed for cash.
  1. The Business Owners can set the number of Reward Points earned for every one (1) dollar spent or based upon another calculation or formula determined by the Business Owner.
  2. Customers can also earn referral points if they successfully provide a referral to the Business Owner.
  3. A referral will be deemed successful when someone referred by a Customer makes a purchase from the referred Business Owner.
  4. Reward Points are not typically applicable to purchases of lottery tickets, bus or transportation tickets, fare cards, and similar products. These exceptions must be kept to the minimum and declared by the Business Owner in advance.
  5. Harmonized Sales Tax (HST) (e.g. 13% in Ontario) will not be calculated when determining the total Reward Points earned at the time of their accrual. When such Reward Points are redeemed, HST and any applicable taxes shall be charged at the time of the purchase. Customers may not use Reward points to pay for HST. Nonetheless, taxes are charged for the sale of Gift Cards, irrespective of whether the Customer pays using points or cash.

 

4.1. Redemption Of Reward Points

  1. The Reward Points can be redeemed from all Business Owners registered on our Application. Business Owners will therefore be required to issue and redeem the Reward Points earned by the Customers in the Business Owner’s store(s). Accordingly, Business Owners will be responsible for all Reward Points they award.
  2.  For calculation purposes, the dollar value of the Reward Points will be rounded down to the nearest dollar.
  3. The maximum value of Reward Points cannot exceed more than one hundred dollars ($ 100.00) at any store and at any given time.

4.2. Reversal and Refund of Rewarded Points

We reserve our right to refund awarded Reward Points to the Business Owners if the product/services for which the points were awarded were returned by the Customer. The Business Owner may deduct the cash value of the Reward Points from the refund if the Customer has a zero-point balance in its application account.

Business Owners can define and establish a return or cancellation policy for every service and product they offer on our Application. Business Owners are therefore responsible for providing accurate information. Any dispute between a Customer and Business Owner regarding refunds or the Business Owner’s return policy must be resolved between them, to our full exclusion.

4.3 Termination and Cancellation

The reward program we offer on our Application will continue until it is suspended, ended, finished, or modified. This reward program is offered at our sole discretion. We also have the authority to change any terms of the reward program, without any notice even if such modifications or changes directly impact the reward program and may change the future earnings of some individuals.

In addition, all Customers can cancel their membership our Application if they want to opt-out of our reward program. However, if a Customer opts out of this program, any unused Reward Points earned by such Customer will be deemed to be forfeited.

SECTION 5 – GIFT CARD POLICY

  1. We offer gift cards in a variety of amount on our Application.
  2. Gift cards may be purchased using redeemable Reward Points and other payment methods available on our Application.
  3. Gift Cards can be used to purchase any goods or products at any store that is registered on our Application.
  4. Customers may also provide the sharable link for the Gift Cards to their friends, families, or colleagues through our Application sharing service. We shall not be held responsible if a Customer erroneously shares a link to the Gift Card, or if a Customer’s Gift Card is shared or sent without the Customer’s consent or knowledge. The recipient of such Gift Card codes will have the same status as the original buyer and the recipient thereof will be able to redeem the Gift Card at any store that is registered on our Application. We reserve the right to cancel the points accumulated through Gift Cards.

5.1. Restrictions

  1. Gift Cards are not redeemable for cash. Gift Cards are not refundable.
  2. Lost or stolen Gift Card links cannot be replaced.
  3. Gift Cards cannot be used on any platform, app or website other than our Application.
  4. Gift Card codes cannot be redeemed at a store that is not a member of our Application.
  5. As stated above, we are not responsible for erroneously sent, lost, unused or otherwise stolen Gift Card links. No exceptions will be provided.

SECTION 6 – DELIVERY SERVICES

Our application is integrated with a third party delivery service application (the “Third Party Delivery Partner”). Accordingly, Business Owners may benefit from delivery services provided by third party independent delivery couriers retained by our Third Party Delivery Partner.

To benefit from such delivery services, Business Owners may submit a request on our Application using the online order form. Business Owners will be responsible for submitting all relevant information as part of the request, including the Business Owner’s information, products subject to the order, the Business Owner’s address, contact information, and any special instructions.

Upon the completion of the request, we will forward the request to our Third Party Delivery Partner. Our Third Party Delivery Partner’s delivery courier(s) will pick up the designated products from the requesting Business Owner and deliver the same to designated Customer(s).

The Business Owners may receive notifications from our Third Party Delivery Partner or our Third Party Delivery Partner’s delivery couriers regarding orders and pick up times for the designated products at a quoted time.

6.1 Customer’s Obligations Regarding Deliveries

Customers may benefit from delivery services provided by the Third Party Delivery Partner’s drivers, subject to these Terms. Customers may request that the Third Party Delivery Partner’s driver deliver food or products ordered from Business Owners to Customers.

Customers will be responsible for submitting all relevant information, including but not limited to the delivery address, contact information and delivery instructions, via the online form we provide. Customers agree to pay for all orders placed as well as all fees, including but not limited to an order fee, according to the terms specified in the order confirmation provided and using an approved payment method.

By requesting delivery services provided by the Third Party Delivery Partner’s drivers, Customers consent to receiving notifications about their order from the Third Party Delivery Partner. The title to the products ordered from the Business Owner will transfer from the Business Owner to the Customer once such products leave the physical possession of the Business Owner.

Customers acknowledge that the order fee placed for a canceled order will be nonrefundable after the Third Party Delivery Partner’s driver has been dispatched. A scheduled delivery can be cancelled until one (1) hour before the delivery time if the Third Party Delivery Partner’s driver has not yet accepted the order, and the delivery fee will be fully refunded to the Customer.

Customers must be available to respond to updates and provide instructions to the Third Party Delivery Partner’s driver, upon request. Customers must be available to retrieve the delivered order at the time of the delivery.

Customers may enable unattended orders, which constitute an order that the Third Party Delivery Partner’s driver leaves at the Customer’s mailbox or similar location, at the Customer’s explicit request. The Third Party Delivery Partner’s driver will leave the order at the delivery address and take a clear photograph of the delivered order, a signature will not be obtained. The Third Party Delivery Partner’s record showing a completed delivery and the photograph thereof will be conclusive proof that the delivery was completed. Customers acknowledge that unattended orders are provided at the Customer’s sole risk.

 

SECTION 7 – PAYMENT PROCESSING SERVICES

We may refer Business Owners desiring to receive transaction and payment processing services exclusively to our payment processing partner, TD Merchant Solution (the “Payment Processing Partner”).

If a Business Owner wishes to obtain such transaction and payment processing services, we will register the Business Owner with our Payment Processing Partner, in accordance with our Payment Processing Partner’s current process for registering which may involve an online portal.

The Business Owner will then need to complete a Merchant Application and submit all required documentation and information. Our Payment Processing Partner will then review Merchant Applications submitted, without obligation to accept any such application.

If our Payment Processing Partner accepts the Merchant Application, the Business Owner will enter into an agreement directly with our Payment Processing Partner, to our exclusion.

SECTION 8 – USER CONDUCT AND USER ACCOUNT

 

8.1 Prohibited Conduct

You will be responsible for all actions and omissions relating to your usage of our Application. You agree to not engage in prohibited use of our Application. You therefore agree not to:

  • Impair, interfere with or damage our Application or our servers;
  • Send or transmit harmful files, viruses or damaging components;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from our Application;
  • Engage in unlawful or illegal conduct, or encourage others to use our Application for such illegal purposes;
  • Decompile or hack any portion of our Application or attempt to decompile or hack our Application or any portion thereof;
  • Sell, lease, assign or transfer your user account on our Application;
  • Distribute unsolicited material, such as spam and advertisements;
  • Engage in conduct that conflicts with these Terms.

You will be held responsible for their failure to comply with these Terms, and our policies. Further, we may, without liability, revoke your right to use our Application if you breached or attempted to breach any of these Terms.

 

8.2 User Accounts

To use the Services and our Application, Business Owners must create a user account our Application. To create a user account on our Application, Business Owners will need to input the following sign-up information relating to the Business Owner: (i) a picture or logo, (ii) name, (iii) business type, (iv) address, (v) phone number, (vi) percentage of referral points offered, (vii) percentage of Reward Points offered, (viii) email address, and (ix) selected password. At its discretion, the Business Owner may submit the following optional information: its website address.

Customers may place orders as guests or through a user account on our Application. If Customers place orders as guests on our Application, such Customers may not use loyalty rewards, buy Gift Cards, or track orders live from a user account. To create a Customer user account, the Customer will need to submit its first name and email address as well as select a password. The Customer may choose to add its last name and phone number but this information is not required.

All user accounts created on our Application must be secured by a password. Each username and password should remain confidential and personal to the user.

All information provided in or as part of your user account must be true and accurate to the best of your knowledge. If your personal information or company information (such as a change of business address, phone number, or e-mail), you must update the information contained on our Application. We will not be held liable for any problems or Reward Points awarded or redeemed due to an error or change of information.

You may not transfer, sell, lease, lend, or assign your user account to a third party.

 

8.3 Business Owners’ Obligations and Invoicing

Each Business Owner shall be responsible for setting and complying with its opening and closing hours. Business Owners shall manage all bookings and appointments via the calendar on our Application to ensure there are no double bookings. We shall not be responsible for any missed or canceled appointments or the scheduling of the Business Owners.

Business Owners shall be responsible for paying us the fees invoiced on or prior to their due dates. We shall invoice Business Owners for the delivery fees on a weekly basis to allow us to deposit the Customers’ payments to the Business Owners’ accounts promptly for payment to our Third Party Delivery Partner. Moreover, we shall invoice each Business Owner for the balance of points awarded by the Business Owner on a weekly basis. In the event that more points were redeemed rather than awarded during a particular week, we shall either pay the Business Owner the difference or provide a credit with respect to membership fees.

8.4 Memberships

Business Owners may purchase a membership (either silver or gold) through our Application. Silver members gain access to the following functions:

  • Integrated at store and online POS and ordering
  • Booking handling
  • Gift Card
  • Loyalty and referral programs

Gold members gain access to the following functions:

  • Integrated at store and online POS and ordering
  • Booking handling
  • Gift Card
  • Five (5) monthly advertising emails
  • Integration with QuickBooks accounting software
  • Inventory management
  • Loyalty and referral programs

The following constitute extras available for purchase to members:

  • Delivery service
  • Advertising emails

The membership fees are payable by the Business Owners, based on the membership package selected, on a monthly basis. Payments may be made via our Application, by direct deposit, e-transfer, wire transfer or any other payment method we approve in advance. Unless otherwise indicated, the payments for memberships are exclusive of any taxes and duties. Business Owners will be responsible for paying taxes charged in connection with their purchases of a membership.

 We may change the pricing for memberships at any time at our discretion.

Membership fees may not be refunded, however, Business Owners may terminate their memberships on our Application by providing a one (1) month prior notice.

8.4 Termination of User Accounts

We reserve the right to investigate and otherwise look into any potential violations of these Terms, any applicable laws or binding policies. You must cooperate with us during the course of any such investigations by submitting requested documentation or providing information.

We may suspend or terminate any user account for which we have reason to believe is being accessed by multiple persons or entities.

You may terminate your user account upon providing us with a written request or upon notifying us. Please be advised that Business Owners shall be required to clear their points balance prior to ceasing to use our Application and/or terminating their accounts.

SECTION 9 – INTELLECTUAL PROPERTY AND GRANT OF RIGHTS

All intellectual property directly relating to our Application is our sole property. We are the exclusive owner of such intellectual property throughout the world, without limitations of time or space. The source code, logos, design, videos, layout, graphics, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through our Application is our sole property, unless otherwise indicated.

 

SECTION 10 – ACCESSIBILITY POLICY

Our Application and its content will conform to people with disabilities by January 2025. We will ensure our Application is in strict compliance with AODA as set forth hereinbelow in these Terms.

  1. Hearing Loss
  • We will amplify sounds on our Application and offer features similar to a hearing aid through our Application.
  • We will develop skills to communicate in sign language on or through our Application.
  1. Visual Impairment
  • We will provide assistance through live video chats on our Application to help with everyday tasks.
  • We will use text-to-speech features that read digital text aloud on our Application.
  • We will import and/or translate print to Braille on our Application.
  1. Mobility Impairment
  • We will provide people with mobility impairments the ability to search, use and access our Application with ease.
  1. Learning Disabilities
  • We will provide users who have learning disabilities with verbal information assistance to allow for the usage of our Application using tap-to-talk technology.
    • Tap-to-talk technology assists with:
      • Improving communication. For instance, users can tap on an image or select a series of words to communicate.
      • Strengthening writing skills, such as sentence formation, grammar, and error-free text.

 

SECTION 11 – DISCLAIMER REGARDING REWARD PROGRAM

By participating in the reward program, each Customer, Business Owner, and user, in general, accepts all responsibility for, and hereby releases and agrees to indemnify and hold us harmless and our respective parent companies, subsidiaries and affiliates, including each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by participation in the program, or for any harm or injury caused by any third party as a result of using the program.

SECTION 12 – DISCLAIMER

Our Application is provided “as is” and “as available”, without any warranties or guarantees of any kind. We cannot guarantee that our Application and features will be continuously available, error-free and uninterrupted at all times. While we attempt to correct issued or defects, we cannot guarantee that issues or defects will be corrected promptly or corrected at all.

There are risks associated with any online activity. Accordingly, we cannot guarantee that our Application will be free of harmful components, such as viruses. In consideration thereof, you agree that your usage of our Application is at your sole risk and expense.

By using our Services, all users (including Business Owners and Customers) understand that our Application is not the original business entity or retail service. Our Application serves as a platform for Business Owners to offer point of sale (POS) services, thereby allowing Customers to place orders online and for Business Owners to accept such orders at their store(s) or by phone. Our Application further allows Business Owners to offer Reward Points, Gift Cards, and use our Application for purposes of inventory management. Our Application’s role is limited to providing a platform and Services to Business Owners and facilitating transactions between Business Owners and Customers. Please note that we do not act as an agent for any party to the transaction.

We are only responsible for our Application in case our Application causes any problems or issues to any user. Even in such case, we will need to ensure our Application was being used properly and according to guidelines and whether any users have revealed any account information (such as passwords, personal information, etc.) to anyone. Consequently, if a user of our Application is found to be at fault, we will not be held responsible for any damage.

SECTION 13 – THIRD-PARTY LINKS DISCLAIMER

Certain content and services available via our Application may include materials from third parties. Third-party links on our Application may direct you to third-party platforms and links that are not affiliated with us.

We are not responsible for the content or accuracy of the third-party links provided on our Application. We do not warrant and will not have any liability or responsibility for any content, materials or features resulting or emanating from the third-party links provided on our Application.

 

SECTION 14 – LIMITATION OF LIABILITY

Technical issues may arise when using our Application. Such issues may suspend, delay or prevent access to our Application. We will not be liable for: (i) any issue affecting our servers; (ii) service interruptions or other issues affecting the availability of our Application; and (iii) any harmful component, such as viruses, worms, and spyware, impairing our Application or your device.

To the fullest extent permitted by applicable law, we will not be responsible for any losses and damages arising out of or in connection with our Application, including but not limited to indirect, general, special, punitive, accessory and incidental damages. This exclusion of liability will apply even if we were aware of the possibility of such damages arising.

14.1 Exclusivity and Obligation to Not Bypass

You must notify us and work with us to benefit from our agreements with our Third Party Delivery Partner and/or the Payment Processing Partner. Accordingly, you agree not to bypass us to work directly with our Third Party Delivery Partner and/or the Payment Processing Partner. You may only work directly with our Third Party Delivery Partner and/or the Payment Processing Partner, with our prior knowledge and explicit approval.

SECTION 15 – INCOME AND EARNINGS DISCLAIMER

By using our Application and Services, you agree that we do not provide any guarantees about the results or any gain and earnings in connection with the Reward Points. The information on our Application is provided “as-is”. You understand that any financial gain or loss resulting from the Services or our Application will depend entirely on your efforts, business, capacity, experience, and risk taken. You acknowledge that you will be responsible for your own success and you release us from all financial liabilities.

SECTION 16 – DISPUTES AND COMPLAINT HANDLING PROCEDURE

Any disputes arising out of any issues or problems related to our Application will be initially handled by mediation proceedings. Please note that nothing contained in these Terms and Conditions will hinder the statutory or legal rights of any person or entity; however, in case of a dispute the following procedure will be implemented as the first choice.

    1. In case of a dispute involving our Application, the user may, within three (3) business days of the event giving rise to the dispute, give written notice to us.
    2. The notice must be sent to us by email: support@sbcapp.ca.
    3. If the dispute is not resolved within ten (10) business days of our receipt of your notice (or such further period as agreed in writing), the dispute will be referred to mediation.
    4. If the dispute is not resolved by mediation within thirty (30) days, the unresolved dispute will be resolved by binding arbitration.
    5. All arbitration proceedings will be brought in the parties’ individual capacity, and not as a class action. The arbitrator may not consolidate more than one claim.
    6. The arbitration proceedings will take place in the province of British Columbia or in another territory, if we specify so.
    7. The award rendered by the arbitrator will include costs of arbitration, and other applicable costs. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    8. Nonetheless, nothing in these Terms will prevent us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of data security, intellectual property rights, or other rights.

SECTION 17 – MISCELLANEOUS PROVISIONS

 

17.1 Governing Law

These Terms are governed by the laws of the province of British Columbia and applicable Canadian laws (excluding any conflict of laws rule or principle).

 

17.2 Entire Agreement

These Terms and Conditions, together with other documents to be delivered hereunder, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written.

17.3 Severability

If any provision or section in these Terms and Conditions is held to be unenforceable or unlawful, such provision or section will be severed from these Terms and Conditions. Any severed or redrafted provision or section will not affect the enforceability of the remaining provisions of these Terms.

17.4 Force Majeure

If we are delayed, hindered in or prevented from the performance of any obligation or act required under these Terms by reason of acts of God, strikes, lockouts, pandemics, epidemics, governmental acts or regulations, or any natural disaster, the performance of such obligation or act will be excused for the duration of the Force Majeure event.

17.5 Assignment and Waivers

We may assign our rights and obligations in these Terms without limitation. You may not assign all or part of their rights and obligations in these Terms, without our prior written consent.

If we suspend, delay or do not exercise any rights granted to us under these Terms, this will not serve as a waiver of our rights.

 

SECTION 18 – CONTACT US

If you have any comments, questions, feedback, or suggestions regarding these Terms or our Application, you may contact us by email at sbizcommunity@gmail.com.