Terms of Service 

Welcome to Purchs. Purchs is a software platform, owned and operated by FreshSpoke Inc. We provide online ordering of retail goods for wholesale sales (‘Business Account Holder’) and make available a series of interactive tools across mobile platforms, including a website, mobile application, twitter account, facebook page and other social media networks. In this document, the name "Purchs" refers to the Terms of Use for all platforms. Therefore, by using any of one of our platforms, you are subject to the following conditions: 

  • Should you object to any term or condition of this agreement or any subsequent modifications thereto or become dissatisfied with Purchs in any way, your only recourse is to immediately discontinue use of the website, mobile application, and social media channel. 

  • Purchs will not be held liable for any loss or damage for non-compliance by you with the Terms of Use as may be amended, restated, replaced, or superseded from time to time. 

  • Please report any violation of the Terms of Use to our customer support team from our contact page. 

  • You understand and agree that unless expressly stated, Purchs in no way controls, verifies or endorses any of the information contained on the platform including member profiles, product listings, links, messages and posts, events, advertisements, ratings and reviews. 

Privacy 

To understand our privacy and security practices, please review our privacy policy as it also governs your visit on our website and associated applications. 

Electronic Communications 

Purchs communicates with you electronically only when solicited to do so through your own consent or through your friends' social sharing on Purchs and other websites such as Facebook, Twitter, Google and Pinterest. We will communicate with you by e-mail or by posting messages to these sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and understand that at any time you can opt out of receiving such communications from Purchs. 

Copyright 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Purchs Inc., and/or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Purchs Inc., with copyright authorship for this collection by Purchs Inc., and protected by international copyright laws. 

Trademarks 

FreshSpoke Inc. and Purchs’s trademarks and trade dress may not be used in connection with any product or service that is not Purchs’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Purchs. All other trademarks not owned by Purchs Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FreshSpoke Inc. or its subsidiaries. 

Licence and Access 

Purchs grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Purchs. This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. 

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Purchs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Purchs and our associates, without express written consent. You may not use any meta tags or any other "hidden text" utilizing Purchs’s name or trademarks without the express written consent of Purchs. 

Any unauthorized use terminates the permission or license granted by Purchs. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page Purchs or to a member or course profile page so long as the link does not portray Purchs, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may only use the 

Purchs logos or other proprietary graphics or trademarks designated for use under limited, revocable, and nonexclusive rights as part of the link. 

 

Cookies and How We Use Them 

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as remembering your preferences, storage of items in your shopping basket between visits as well as trying to ensure that the offers you see online are more relevant to you. We also use cookies for additional purposes, including: 

  • Identifying you when you sign-in to our site. This allows us to provide you with product recommendations, display personalized content, among other customized features and services we provide. 

  • Delivering content relevant to your interests on the Purchs website. 

  • Improve security. 

  • Keeping track of your specified preferences. You may generally exercise your preferences through your Account. 

  • Keeping track of items stored in your shopping basket. 

  • Allows us to measure and analyze the performance of our services. 

Cookies allow you to take advantage of some of purchs.io’s essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your shopping basket, proceed to checkout, or use any of the Company’s services that require you to log into to your Purchs Account. 

You can manage browser cookies through your browser settings. Use the 'Help' feature on most browsers if you wish to prevent your browser from accepting new cookies, notify you when you receive a new cookie, block cookies, and notify you when cookies will expire. If you block all cookies on your browser, neither we nor third parties will transfer cookies to your browser. Just know that you will have to manually adjust some preferences every time you visit Purchs.io and some features and services will not work for you. 

Your Conduct on Purchs 

If you use this site, you are responsible for maintaining the confidentiality of your account, password and for restricting access to your computer. At the same time, agreeing to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. 

Purchs and its associates reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion. 

Purchs expects its members to conduct themselves in a manner appropriate to a public website, without exception. It is the responsibility of every member to adhere to the code of conduct outlined below: 

  • Visitors may post reviews, comments, and other content. They may also submit suggestions, ideas, comments, questions, or other information, providing the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties, or objectionable.

  • Content contributed by members must not consist of or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." 

  • You grant Purchs sole discretion to remove or delete any postings, information, materials or other content that violates our Terms of Use. 

  • You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 

  • You must not engage in reverse engineering, decompile or disassemble any of the software used in the development and delivery of content, through Purchs.

  • You must not interfere with or disrupt Purchs or any of our servers or networks connected to our platforms. 

  • You must never obtain, store, remove or modify the personal information about other users. 

  • You must not use automated programs such as spiders, robots, crawlers, data mining tools, operate scripts that scrape data from Purchs, or the like, to 'meta-search' or download data from Purchs for any purpose including competitive or commercial purposes. Purchs will block all programs that do not comply with these restrictions.

  • You may never harvest site content from Purchs and display/reformat this content in a way for commercial use or in a way that competes with Purchs. Purchs reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant Purchs and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Purchs and its associates and sublicensees the right to use the name that you submit in connection with such content if they choose. 

You represent and warrant that you own or otherwise control all the rights to the content that you post: that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity. That you will indemnify Purchs or its associates for all claims resulting from content you supply. Purchs has the right but not the obligation to monitor and edit or remove any activity or content. Purchs takes no responsibility and assumes no liability for any content posted by you or any third party. Purchs reserves the right to fully investigate and prosecute violations of any of the above of the law. 

 

Indemnity 

You agree to defend and indemnify Purchs and its affiliates and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result any violation of our Terms of Use. This includes any content you post to Purchs, your use of Purchs’s tools, products, and information; or any violation of a third party’s rights. 

• your breach of this Agreement or the documents referenced herein; • your violation of any law or the rights of a third party; or • your use of this Website. 

Disclaimer of Warranties and Limitation of Liability 

This site is provided by Purchs on an "as is" and "as available" basis. Purchs makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. to the full extent permissible by applicable law, Purchs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Purchs does not warrant that this site, its servers, or e-mail sent from Purchs are free of viruses or other harmful components. Purchs will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 

Applicable Law 

By visiting Purchs, you agree that the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Purchs or its associates. Disputes This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein except that, to the extent you have in any manner violated or threatened to violate Purchs’s intellectual property rights, Purchs may seek injunctive or other appropriate relief in any province, state or federal court in the province of Ontario, Canada and you consent to exclusive jurisdiction and venue in such courts. The parties have required that this Agreement and all documents relating hereto be drawn up in English. 

Purchs Policies, Modifications and Severability 

Please review our Privacy Policy (posted on this site) as well as the policies of all our platform providers (i.e. Facebook, iPhone). These policies also govern your visit to Purchs. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

Creating a Purchs Account 

To order using Purchs’s web or mobile app, you must register a Buyer Account (“Account”) Purchs offers one account type: Business Account Holder who must provide a Registered Business Name, current business address, contact name, phone number valid email address and a link to an active online channel to verify the business is in operation. Business Account Holders are authorized to view pricing and shop at wholesale pricing upon verification that the business is authentic and operating. Wholesale pricing is only available to authorized Business Account Holders. 

Purchs reserves all rights to reject or cancel an existing Account, without notice. Purchs will use the email address you provide as the primary method for communication. It is your responsibility to ensure that the email address associated with your Account is fully functional. Purchs is not responsible for interruptions in receipt of email communication from Purchs to the provided email address. You may not use Purchs for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction in your usage of the Purchs service. You are solely responsible for maintaining the security of your Account and password. You must notify us of any security breach as soon as possible. Purchs is not liable for any loss or damages if you fail to comply with this security obligation. 

A breach or violation of any term in the Terms of Service, will result in the immediate termination of services.

 

Purchasing Products on Purchs 

When you purchase products wholesale through any of Purchs’s sale channels, you are entering a legal contract between you and Purchs. 

Each order you place shall be deemed to be an offer by you to purchase products from the respective supplier(s), subject to the Terms of Use and the applicable product details. An email confirmation will signify acceptance of your order and a legally binding contract will be formed between you and Purchs. 

Purchs and our Suppliers will do all we can to ensure that your order is fulfilled as requested. However, some products are subject to availability, weather conditions and seasonal changes so there may be occasions where products are unavailable or may be substituted. If ordered items are not delivered, you will not be charged for it. We will, however, bear no liability if products are unavailable. 

Buyers may place orders directly on Purchs using the ordering system built into Purchs’s web and mobile app. All orders, content or contracts are communicated in the English language. You have ongoing ability to review your ‘shopping basket’ and remove, add and change quantities. 

Orders may also be placed on your behalf by a Purchs sales associate or Purchs supplier. A copy of your order will be sent to you by email. It is your responsibility to review the order and notify the supplier or associate of any changes within 48 hours of delivery (cut off time/date). In all circumstances, Purchs’s Terms of Service applies to all orders regardless of the order method chosen. 

All orders must be made within the delivery cut off dates and times specified on Purchs according to our posted zone.

Your submission of an order amounts to an offer to enter a contract to buy the products from Purchs and its Suppliers. Subject to the paragraph above, you cannot then withdraw or cancel your order except as stated above. 

For more information on ordering please chat with us online or contact info@Purchs.io.

Product Pricing 

Product pricing is subject to change without notice. Certain products may be subject to provincial and/or federal tax. Purchs collects and submits applicable taxes collected in relation to orders placed by Home Account Holders. This is stated in the product description. Purchs collects the tax on behalf of suppliers, and it is their responsibility to submit these taxes as per federal law. Suppliers set and manage wholesale pricing for Business Account Holders. Purchs sets and manages pricing for Home Account Holders.  

Price Adjustments 

Products that are priced by weight may require a price adjustment based on final weight before a buyer’s account is charged for that product. In this case, Purchs applies an additional fee equal to the average fluctuation rate at the time of order, then updates the final price based on actual weight before the order is processed. This ensures Account Holders are paying the precise amount by weight for the product received. This is common in meat and cheese products.  

Payments 

Purchs accepts Visa, Mastercard and Purchs Gift Cards and Vouchers & Vouchers as payment for all orders placed on Purchs’s web and mobile apps. 

Credit terms are available to Business Account Holders and subject to approval based on credit worthiness. Business Account Holders must have at least one order completed before being eligible to apply for credit terms. Purchs reserves the right to set, reject and cancel credit privileges without notice. 

Account Credits 

An Account Holder may apply any/all accumulated credit to reduce the total charge after any applicable tax has been applied. Credits can be applied to regular priced products and may not be used in conjunction with other offers.  

Delivery & Pick-up 

Delivery and pick-up services are available in designated areas only. Account Holders should check delivery and curbside pick-up availability using your postal code on the Purchs website or mobile app. 

If delivery is available to your postcode, we will make delivery to the address provided by you at checkout. 

There may be costs involved in home and business delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order is determined by the value of your order, your delivery address and, in some cases, the weight and volume of your order. 

We always aim to deliver your order within the specified delivery window, but we cannot accept liability if the delivery falls outside of this window or is not delivered. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. Drivers are unable to wait. If your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example, adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. Account Holders may reserve a spot at a designated pick up location. There is no charge for pick-up service and no minimum order. 

Purchs allocates a suitable amount of time to each delivery. If a wait time occurs that exceeds 20 minutes, a wait time charge will be applied to the Business Account Holder’s account. 

If no one is present to receive the product in person and no cancelation was received prior to the cut-off time, the buyer will be charged at the discretion of Purchs for the order, plus a return to the warehouse and restocking fee. 

Products must be inspected as soon as they are delivered. Account holders must notify us promptly if you find any defects, using the dispute form link provided in the order. Pictures of the product must accompany the description. We will replace or credit you for defective products. While our liability is limited as described above, we will do everything we can to rectify the dispute, provided that the defect is identified immediately and supported by image evidence.  

Order Cancelations & Returns 

We understand that stuff happens, and you may find yourself needing to change plans. That’s why Purchs gives all Account Holders the ability to cancel an order without penalty provided it is done processed to the predetermined cut-off date/time by: 1) logging into your account and selecting the cancel button associated with your order; or 2) referencing the cancelled order by number in an email to orderdesk@freshspoke.com from the email address associated with your account. 

Perishable items and expired/near expired products may not be returned for any reason. For Business Account Holders it is recommended that near expired products be discounted. 

Non-perishable items may be returned up to 14 days from the date of purchase at the Account Holder’s expense. Please return the product(s) in original packaging along with a copy of your original receipt and include your name, business name (if applicable), address, signature and the date you are returning the order to Purchs.

 

We will process your refund within 14 days of receipt of the returned products to the credit card used to make the purchase. You must take reasonable care of the goods while in your possession and they must be returned in a saleable condition before we can issue your refund.  

Gift Cards & Conditions 

The Gift Card Terms and Conditions apply to gift cards for use on the Purchs website and mobile apps. 

These Gift Card Terms and Conditions should be read in conjunction with any conditions of use as set out in Purchs’s marketing communications or material. 

Unless otherwise specified in the Named Gift Card Terms: 

  • gift cards cannot be used on existing and/or previously placed orders. 

  • the gift card number must be presented at the time of purchase. 

  • only one gift card can be redeemed per order. 

  • gift cards can only be used for purchasing products from Purchs. 

  • gift cards cannot be returned, refunded or redeemed for cash. 

  • gift cards are subject to availability. 

FreshSpoke Inc. cannot accept responsibility for lost, stolen or damaged cards or any unauthorized use. Acceptance of a Purchs gift card constitutes acceptance of these terms and conditions. 

Purchs reserves the right, in its sole discretion, to modify, suspend or remove gift cards should viruses, bugs, tampering, fraud or other causes beyond the reasonable control of Purchs corrupt or hinder the administration, security or proper use of the gift card. Gift cards may be withdrawn or amended by Purchs without notice once any capacity has been reached. 

Purchs reserves the right in its sole discretion to cancel any gift card which a) has resulted from any printing, production and/or distribution errors (including but not limited to any errors in any Individual Card Terms whether manifest or not); or b) where there have been errors in any aspect of the preparation of or distribution of materials for the gift cards whether by Purchs or its affiliates. 

If you place an order using a gift card and then return or cancel that order, the gift card value will be reinstated for the cardholder, unless inappropriate use has been deemed by Purchs.  

Promotional Codes & Conditions 

The promotional code terms and conditions apply to promotional codes for use on the Purchs website and mobile apps. 

These Promotional Code Terms and Conditions should be read in conjunction with any conditions of use of the relevant promotion as set out in Purchs’s marketing communications or material. In the event of a conflict between the Promotional Code Terms and Conditions and the Named Promotion Terms, the Named Promotion Terms will prevail. Minimum spend, new customer status, and other restrictions may apply as conditions of use of the promotional code. See the applicable Named Promotion Terms for the specific restrictions that apply to a promotional code. 

Any promotional code is only valid during the time range specified in the Named Promotion Terms. Where a date is not given, there is no guarantee on the date of expiration for the promotional code and Purchs reserves the right to expire such promotional codes at its sole discretion. 

  • Unless otherwise specified in the Named Promotion Terms: 

  • promotional codes cannot be used on existing and/or previously placed orders; 

  • only one promotional code can be redeemed per order; and 

  • promotional codes cannot be used in conjunction with any other offer or promotion, including but not limited to Account Holder Credits and Vouchers and Vouchers. 

  • Promotional codes cannot be used alongside Account Holder Credits unless otherwise specified in the terms of that promotion. 

  • Promotional codes cannot be used to purchase Purchs Gift Cards and Vouchers.

  • Promotional codes have no cash alternative, and they are not transferable or assignable. 

  • Promotional codes are subject to availability. 

  • Promotional codes may be withdrawn or amended by Purchs without notice once any cap (as set out in the Named Promotion Terms) has been reached. Purchs reserves the right, in its sole discretion, to modify, suspend or remove promotional codes should viruses, bugs, tampering, fraud or other causes beyond the reasonable control of Purchs corrupt or hinder the administration, security or proper use of the promotional code. Promotional codes may be withdrawn or amended by Purchs without notice once any cap (as set out in the Named Promotion Terms) has been reached. Purchs reserves the right in its sole discretion to cancel any promotional code: a) which has resulted from any printing, production and/or distribution errors (including but not limited to any errors in any Individual Promotional Terms whether manifest or not); or b) where there have been errors in any aspect of the preparation of or distribution of materials for the promotional codes whether by Purchs or its affiliates. If you place an order using a promotional code and then return or cancel that order, the promotional code cannot be refunded or re-used. If a user is creating multiple Purchs accounts then Purchs reserves the right to remove any promotions for which that user no longer qualifies. 

Purchs reserves the right to disqualify an order if the terms are not met and the promotion code is deemed invalid.  

Questions? 

Questions regarding our Terms of Use, Privacy Policy, or other policy related material can be directed to the Purchs Crew by clicking on the contact button on the bottom menu.