Terms of Service

Terms of Service HOMI TECHNOLOGY LTD. | support@homismart.ca | Calgary, Alberta, Canada Effective Date: May 20, 2026 Welcome to Homi. These Terms of Service ("Terms") constitute a legally binding agreement between you and HOMI TECHNOLOGY LTD. ("Homi", "we", "us", or "our") governing your use of the Homi mobile application and website (collectively, the "Service"). BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. If you do not agree, you must not access or use the Service. 1. Description of Service Homi is a community group-buying platform that allows users to purchase grocery and household products through collective ordering, with next-day pickup at designated pickup points ("Pickup Points"). Products available on the Service may be sourced directly by Homi and stored in Homi-managed facilities, or supplied by third-party vendors. For products supplied by third parties, Homi acts as an intermediary and does not manufacture such products. 2. Eligibility You must be at least 18 years of age, or the age of majority in your province or territory of residence, whichever is higher. By using the Service, you represent and warrant that: (a) you meet the age requirement; (b) you have the legal capacity to enter into a binding contract; and (c) all information you provide is accurate, current, and complete. 3. User Accounts You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use. You agree to provide accurate, current, and complete information during registration and to promptly update such information as necessary. We reserve the right to suspend, restrict, or terminate accounts that violate these Terms, as determined in our reasonable discretion, or that pose a risk to the security or integrity of the Service or other users. 4. Ordering and Payment All orders are offers to purchase and are subject to acceptance by us. We reserve the right to limit quantities, refuse service, and cancel orders at our sole discretion, including where a product is mispriced, unavailable, or violates applicable laws. All prices are in Canadian dollars (CAD). Applicable federal and provincial taxes (GST, PST, HST, QST) will be added at checkout where required by law. Payment processing is handled by Stripe, a PCI-DSS certified third-party payment processor. By placing an order, you agree to Stripe's terms of service. We do not store your full payment card details on our systems. You are responsible for all charges incurred under your account. Chargebacks initiated without first contacting us may result in account suspension. 5. Pickup Orders are available for pickup the day following the daily order cut-off time, at the Pickup Point selected during checkout. You must pick up your order within the designated pickup window. Orders not picked up may be cancelled without refund. Homi is not responsible for perishable goods not picked up within the designated window. You must present valid order confirmation when picking up. We may require government-issued photo identification matching the account holder's name. Risk of loss and title for products pass to you upon pickup at the Pickup Point. 6. Product Information We strive to display product information accurately, including descriptions, images, pricing, ingredients, and allergen information. However, we do not warrant the accuracy, completeness, or currency of any product information. Product availability, pricing, and descriptions are subject to change without notice. Images are for illustration purposes only; actual products may differ. Allergen and dietary information is provided by product suppliers (including Homi for products it sources directly). If you have food allergies or dietary restrictions, you must verify product suitability independently before ordering. Homi is not liable for allergic reactions or adverse health effects from products purchased through the Service, except to the extent caused by Homi's negligence with respect to products it directly sources and handles. 7. Cancellation and Refund Policy Orders may be cancelled without charge before the daily cut-off time. Cancellations after cut-off are at our discretion. If you receive a product that is damaged, expired, contaminated, or materially different from its description, you must notify us within 24 hours of pickup with photographic evidence. We will review and, where substantiated, issue a refund or replacement at our discretion. Refunds are processed within 14 calendar days to the original payment method. Processing times by your financial institution may add 5–10 business days. Nothing in this policy limits any statutory rights, warranties, or remedies you may have under applicable Canadian consumer protection legislation, including the Consumer Protection Act (Quebec), the Consumer Protection Act (Ontario), the Sale of Goods Act (applicable provinces), or the Competition Act (Canada). 8. User Conduct You agree not to: Use the Service for any unlawful purpose or in violation of any applicable federal, provincial, or municipal law or regulation; Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or networks; Impersonate any person or entity, or falsify your identity or affiliation; Engage in any fraudulent, deceptive, or misleading activity, including payment fraud, fake reviews, or market manipulation; Upload, transmit, or distribute any viruses, malware, ransomware, or other harmful code; Harass, intimidate, abuse, stalk, threaten, or otherwise violate the legal rights of other users, Pickup Point operators, suppliers, or Homi personnel; Scrape, data-mine, or systematically extract data from the Service without our prior written consent. 9. Intellectual Property All content, trademarks, service marks, logos, trade names, domain names, designs, software, and other intellectual property displayed on or embodied in the Service ("Homi IP") are the exclusive property of HOMI TECHNOLOGY LTD. or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any Homi IP without our express prior written consent. 10. Privacy and Data Protection Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. We collect, use, disclose, and protect personal information in accordance with: The Personal Information Protection and Electronic Documents Act (PIPEDA, Canada); Alberta's Personal Information Protection Act (PIPA); Quebec's Act respecting the protection of personal information in the private sector (Law 25); Other applicable provincial privacy legislation. Your Data Rights: You have the right to (a) access your personal data; (b) request correction of inaccurate data; (c) withdraw consent to processing (subject to legal and contractual restrictions); (d) request deletion of your data ("right to be forgotten"), subject to our legal retention obligations; and (e) data portability where technically feasible. To exercise these rights, contact us at support@homismart.ca. We will respond within 30 days as required by PIPEDA. Data Breach Notification: In the event of a data breach involving personal information that poses a real risk of significant harm, we will notify affected users and the Office of the Privacy Commissioner of Canada in accordance with PIPEDA. 11. Third-Party Services The Service integrates third-party services, including Stripe (payment processing), Google Maps (location and mapping), and Google Sign-In (authentication). Your use of these services is governed by their respective terms and privacy policies. We make no representations or warranties regarding, and accept no liability for, any third-party service. 12. Disclaimer of Warranties TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOMI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR PRODUCTS SUPPLIED BY THIRD PARTIES, ANY PRODUCT WARRANTIES ARE PROVIDED SOLELY BY THE PRODUCT SUPPLIER OR MANUFACTURER. 13. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE. IN NO EVENT SHALL HOMI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO HOMI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO: (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE CONSUMER PROTECTION ACT (QUEBEC) AND THE CONSUMER PROTECTION ACT (ONTARIO). 14. Indemnification You agree to indemnify, defend, and hold harmless Homi, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees on a solicitor-client basis) arising from: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights; or (d) your violation of any applicable law. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. 15. Dispute Resolution Informal Resolution: Any dispute, claim, or controversy arising from these Terms shall first be attempted to be resolved through good-faith informal negotiations. You must send a written notice describing the dispute to support@homismart.ca. Both parties shall have 30 days from receipt to attempt resolution. Governing Law and Forum: If informal resolution fails, these Terms and any dispute shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. You irrevocably attorn to the exclusive jurisdiction of the courts of Alberta, sitting in Calgary. Quebec Residents: These Terms and disputes shall be subject to Quebec law. The Consumer Protection Act (Quebec) prevails in case of inconsistency. You may bring proceedings before the appropriate court in Quebec. Class Action Waiver: You agree to resolve disputes on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration, to the extent permitted by applicable law. Limitation Period: Any claim must be commenced within one (1) year after the cause of action accrues, or the shortest period permitted by applicable law. 16. Severability If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent of the parties. 17. Entire Agreement These Terms, together with our Privacy Policy and any policies referenced herein, constitute the entire agreement between you and Homi concerning the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written. 18. No Waiver Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Homi. A waiver of any breach shall not constitute a waiver of any subsequent breach. 19. Force Majeure Homi shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government orders or regulations, labor disputes, utility or telecommunications failures, cyber-attacks, supply chain disruptions, or transportation interruptions. 20. Assignment You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms shall be binding on and inure to the benefit of the parties and their permitted successors and assigns. 21. Electronic Communications By using the Service, you consent to receive communications from us electronically, including via email, in-app notifications, and SMS (if you provide your phone number). You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, in accordance with PIPEDA and applicable provincial electronic commerce legislation. You may withdraw consent to promotional communications at any time. 22. Canada's Anti-Spam Legislation (CASL) We comply with Canada's Anti-Spam Legislation (CASL). By providing your electronic address, you consent to receive: (a) transactional messages necessary to fulfill orders and manage your account; and (b) commercial electronic messages (CEMs) if you have opted in. Every CEM includes an unsubscribe mechanism operative within 10 business days. You may withdraw consent at any time. 23. Modification of Terms We reserve the right to modify these Terms at any time. Material changes will be notified via the Service or email at least 30 days before taking effect (or such shorter period as required by law). Your continued use after the effective date constitutes acceptance. If you do not agree to the modified Terms, you must cease using the Service. 24. Termination We may terminate or suspend your account at any time, with or without cause, upon notice. You may terminate your account at any time by contacting us. Upon termination: (a) your right to use the Service immediately ceases; (b) any pending orders may be cancelled and refunded at our discretion; and (c) your data will be handled in accordance with our Privacy Policy. Provisions that by their nature should survive termination shall survive. 25. Language / Langue These Terms are available in English, Chinese, and French. In the event of any discrepancy or inconsistency between versions, the English version shall prevail to the extent permitted by applicable law. For Quebec residents: The parties have expressly requested that these Terms and all related documents be drafted in English. Les parties ont expressément demandé que les présentes conditions et tous les documents connexes soient rédigés en anglais. The French version is provided for convenience and informational purposes. Nothing in this clause limits your rights under the Charter of the French Language (Quebec). 26. Contact Information HOMI TECHNOLOGY LTD. Email: support@homismart.ca Address: Calgary, Alberta, Canada