Terms of Use

1. Introduction

Your access to and use of this website (the “Website”) and app (the “App”) are governed by the following terms and conditions:

2.Legal Agreement

By accessing the Website or App, you agree to all of these terms of use (the “Terms of Use”). Please read them carefully. If you do not intend to agree to these Terms of Use, please do NOT access the Website or App.

Within24 may revise these Terms of Use at any time by posting an updated version of them to the Website and App, and you are bound by the Terms of Use as amended from time to time. It is your responsibility to review these Terms and Conditions regularly.

Changes to the Content of the Site

Whitin24 Inc. reserves the right to change any information, material or content contained on the Site (the "Content") at any time, and from time to time, without notice.

3. Connectivity and Availability

Both the Website and the App require internet connectivity. The App requires access to your phone, SMS, e-mail, web browser, contacts, Google Maps, and Facebook or Google account should you choose to log in with your Facebook or Google account.

The App requires Google Location Services to detect your location for delivery. Delivery may not be completed until Location Services is activated. The App will operate at all times unless forced close. This is to ensure customers receive in-App notifications during the delivery process.

4. Use of Content and Services

Subject to these Terms of Use, you may acquire delivery services in exchange for payment via debit or credit card. All products must be paid in full at the store before submitting a delivery request. At the time of purchase, you must authorize Within24 delivery service as an alternate pickup person. Failure to do so may result in the driver being unable to collect the product, and you will be charged in full, and no refunds will be provided.

By using our service, you consent to receive e-mails, text messages and other communication from your desktop or mobile device.

4.1 Same-Day Delivery

Same-day delivery is only available from the stores mentioned on our FAQ page and is subject to product availability at your local store, service availability and safe driving conditions.

Same-day delivery must be requested before 1:00 pm local time on weekdays and 10:00am local time weekends. Same-day delivery requests submitted after these times may be scheduled for the following day subject to service availability.

You must submit your purchase invoice from the store containing item details at orders@within24.ca with the unique email subject mentioned in the order details section of the application by 2:00 pm local time weekdays and 11:00 am local time weekends. If your invoice is not received by this time, delivery may not be completed, and no refunds will be provided.

Your order must be ready for pickup at the store by 4:30 pm local time weekdays and 12:30 pm local time weekends on the date of delivery. If the order is not ready before these times, delivery of your product may not be completed, and no refunds will be provided.

Same-day delivery time is between 5:00 pm until 10:00 pm local time on weekdays and 1:00 pm until 6:00 pm local time weekends.

No delivery window may be selected. Your Within24 delivery driver will contact you with a two-hour estimated time of arrival, so you know when to expect your delivery. You must confirm availability via text message during that period to the driver. If your confirmation is not received, the driver will contact you before retrieving the order from the store to confirm availability. Our driver will not pick up the package unless confirmation of availability is received. The driver will wait at the store for five minutes free of charge to speak with you. After five minutes, you will be charged a waiting fee of $2.00 per minute for a maximum of ten minutes. This fee will be automatically deducted from the method of payment on the account. After ten minutes your order will be canceled, and no refunds will be provided.

If confirmation of availability is not provided on more than three occasions in a six-month period, we reserve the right to delete the account in question and suspend further use of our service.

If the individual placing the order is not available, the driver will verify order details with the customer and deliver the order to a person above the age of majority who will sign for the package. Once signed, the order is considered completed. A person above the age of majority in the province must be available to receive and sign for delivery. Our drivers are not authorized to enter a customer’s residence, and packages will be delivered to your doorstep.

4.2 Cancellation

Deliveries may only be canceled before 1:00 pm local time on weekdays and 10:00 am local time on weekends (credit card processing fees apply). Upon cancellation, please contact the store for your refund. We are unable to process any refunds on store products. Any cancellations after 1:00 pm local time on weekdays and 10:00 am local time on weekends will be charged in full, and no refunds will be provided.

4.3 Refusal of Delivery

Our drivers reserve the right to refuse delivery of any order deemed to exceed maximum capacity as outlined on the Pricing Page of the Website and Appor violates any of the Terms of Use. In the event of refusal of delivery, you will be charged in full, and no refunds will be provided.

4.4 Product Return Services

Within 24 does not provide product return services. If you are unsatisfied with your purchase or if there are any issues you are responsible for contacting the store to request a refund and return the product.

5. Prohibited Items

The following items will not be delivered by Within24. Should any of the following items be transported by Within24, this does not constitute a waiver, and Within24 will have no liability whatsoever for delay, loss or damage to any such item:

  • Any item prohibited by law or regulation, or any item by which transportation or delivery is prohibited by law or regulation,
  • Paint
  • Major appliances
  • Rental equipment
  • Palletized merchandise, open box, shrink wrap, pre-assembled or display products. Products must be new, sealed and in manufacturer’s packaging
  • Explosive, flammable, toxic, infections, corrosive, radioactive or otherwise dangerous products or goods, including compressed gasses, according to any applicable Transportation of Dangerous Goods act or regulation, or products containing dangerous products or goods
  • Replica or inert munitions
  • Tobacco products
  • Electronic smoking products such as electronic cigarettes
  • Firearms including replica and imitation firearms
  • Alcohol or other intoxicating beverages
  • Drugs and other controlled substances, including cannabis
  • Medical or biological material
  • Plants or animals
  • Without limiting the preceding, asbestos, carbon dioxide solid, wet batteries and dangerous chemicals.

6. Deliveries to Buildings Over One Story

Drivers will only deliver products to a maximum of two stories in buildings without an elevator. However, products heavier than 15kg or exceeding 20’’x12’’x15’’ (WxDxH) will be delivered to the main floor only. It is your responsibility to be present on the main floor at the time of delivery. If you are not present within 5 minutes of delivery. Following 5 minutes, you will be charged $2 per minute. This fee will be automatically deducted from the method of payment on the account.

7. Maximum Delivery Distance

The distance between the pickup and drop-off locations must not exceed 50 km. Please select the closest store pickup to your delivery address on our Website or App

8. Limitation of Liability of Within24 and Disclaimers

Within24 is an independent delivery company specializing in same-day delivery. Within24 does not produce or manufacture any of the products ordered.

WITHIN24 IS NOT LIABLE FOR ANY LOSS, DAMAGE, DELAY, MIS-DELIVERY OR NON-DELIVERY EXCEPT AS MAY RESULT FROM OUR SOLE NEGLIGENCE. WITHIN24 IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE OR DELAY CAUSED BY EVENTS WE CANNOT CONTROL. THIS INCLUDES ACTS OR OMMISSIONS FROM ANY ENTITY OTHER THAN WITHIN24, ACT OF GOD, RELEVANT LAW OR REGULATION.

The Website and App may contain inaccuracies or typographical errors. Within24 makes no representations about the accuracy, reliability, completeness or timeliness of any of the content on the Website. Within24 does not warrant that the Website will operate error-free or that the Website is free of computer viruses or other harmful mechanisms. If your use of the Website results in the need for servicing or replacing equipment or data, Within24 is not responsible for those or any other costs that may arise. Within24 cannot guarantee and does not promise any specific results from use of the Website. Use of the Website is at your own risk.

TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE, AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

The Website and App contains links to other websites. These links are for convenience only. Within24 is not responsible for the contents of linked sites and makes no representations regarding the content or accuracy of materials on those websites.

Within24 shall not be liable for any damages whatsoever arising from the use or inability to use the Website whether arising in warranty, contract, tort or any other legal cause of action, including without limitation, any actual, consequential, direct or indirect damages.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, WITHIN24, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTION OR DEMANDS ALLEGED TO RESULT FROM OR RESULTING FROM USE OF ANY MATERIAL ON THE WEBSITE AND APP, DELIVERY OR YOUR BREACH OF THESE TERMS.

9. General Terms

The Terms of Use are governed by and shall be construedin accordance with the laws of the Province of Alberta, Canada. You agree that jurisdiction for any claims arising under this agreement lies exclusively with the courts in the Province of Alberta and you agree to attorn to the jurisdiction of the courts in the Province of Alberta.

If any provision of the Terms of Use is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. With24’s failure to enforce any of the Terms of Use shall not be deemed as a waiver of such term, or otherwise, affect Within24’s ability to enforce such term at any point in the future.

Except as expressly provided in any additional agreement, the Terms of Use constitute the entire agreement between you and Within24 with respect to your use of the Website and App. Changes to these terms may be made by Within24 by way of a revised posting to the Website and App.

These Terms of Use remain in full force and effect while you are using the Website and App. Within24 may prevent you from accessing the Website and App at its sole discretion upon any breach of these Terms of Use or if Within24 is unable to verify or authenticate any information submitted to the Website or for other reasons. Even after you no longer use the Website and App, these Terms of Use remain in effect.

10. Intellectual Property Rights

All rights, title, and interest in and to the Website and App (including without limited all intellectual property rights therein and all modifications, extensions, customizations, scripts or other derivative works of the Website and App provided or developed by Within24) are owned exclusively by Within24 or its licensors. Except as provided for in this Agreement, the rights granted to the Customer do not convey any rights in the Website and App, express or implied, or ownership in the Website or App or any intellectual property rights to it. Customer grants Within24 a royalty-free, word wide, perpetual, irrevocable, transferable right to use, modify, distribute and incorporate into its Website and App (without attribution of any kind) any suggestions, enhancement requests, recommendations, proposals, corrections or other feedback or information provided by Customer or any other users related to the operation or functionality of the Website and App. Any rights in the Website and App or Within24’s intellectual property not expressly granted herein by Within24 are reserved by Within24.

11. Contact Information

If you have a question or concern about any collection, use or disclosure of your personal information by Within24, or about a request for access to your personal information, or if you wish to send notices you may contact us at:

Within24 Inc.
823-216 Crown RD NW
Edmonton, AB
Canada, TJ 2E3
Email:support@within24.ca

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