Terms And Conditions

ALOVA CANADA - TERMS & CONDITIONS

(For Customers, Vendors & Drivers)
Last Updated: 2026-01-11

ALOVA Canada (the “Platform”, “ALOVA”, “we”, “us”, “our”) is a Canadian multi-vendor marketplace that connects customers with independent vendors and, where applicable, independent delivery drivers and third-party carriers.
Legal entity: Black Atlas Digital E-Commerce Inc., operating as/DBA ALOVA Canada (“ALOVA”).
Contact: info@alova.ca | www.alova.ca | Call/WhatsApp: 647-848-0095

IMPORTANT LEGAL NOTICE (READ THIS)

ALOVA is a marketplace agent and technology provider. Vendors are the sellers of record (unless expressly stated otherwise for a specific program).
Drivers are independent contractors, not employees.
Payments are processed through Stripe and shipping/logistics may be coordinated through ClickShip and other carrier/courier partners, including Uber Direct where available.

SECTION I — CUSTOMER TERMS OF USE

1. Acceptance of Terms

By accessing or using ALOVA’s website, mobile applications, and related services (collectively, the “Platform”), you agree to be bound by these Terms and all policies referenced herein (including Privacy Policy, Refund Policy, Shipping Policy, and Acceptable Use Policy). If you do not agree, do not use the Platform.

2. Eligibility

You must be at least 18 years old (or age of majority in your province/territory) and legally able to enter a binding contract. You represent that your use complies with all applicable laws.

3. Nature of the Platform (Marketplace Agent Disclosure)

ALOVA operates a multi-vendor marketplace that connects customers with independent vendors who sell products and/or services.

ALOVA is not the seller of items listed by vendors.
Vendors are independent businesses and are solely responsible for:
- product quality, safety, legality, labeling, warranties, recalls
- pricing, inventory accuracy, and descriptions
- sector-specific licensing (food handling, professional services, etc.)
- GST/HST registration, collection, and remittance as required
- order fulfillment performance and vendor customer service

Invoices/receipts will reflect that items are sold by the vendor (“Sold by [Vendor Name]”), and ALOVA provides marketplace/payment facilitation services.

4. Accounts & Security

You agree to:

provide accurate and current information
maintain confidentiality of your login credentials
accept responsibility for all activity under your account

ALOVA may suspend/terminate accounts that provide false information or violate these Terms.

5. Orders, Payments & Multi-Vendor Checkout

5.1 Payment Processing

Payments are processed through Stripe or other authorized processors. ALOVA does not store full payment card data.

5.2 Multi-Vendor Orders

Orders may include items from multiple vendors. Customers acknowledge:

items may ship separately
delivery times may vary by vendor and carrier
multiple tracking numbers may be issued
some shipments may arrive on different days

5.3 Pricing & Errors

If an item is listed incorrectly due to typographical or system error, ALOVA and/or the vendor may cancel the order and issue a refund.

5.4 Fraud & Abuse Controls

ALOVA may cancel or delay orders for verification where fraud is suspected, including suspected card testing, account compromise, or abnormal ordering patterns.

6. Shipping & Delivery

6.1 Carriers / Couriers

Shipping may be fulfilled through:

ClickShip carrier network (e.g., UPS, Purolator, Canada Post, FedEx, GLS, Canpar and others)
Uber Direct (where available)
approved local courier partners

6.2 Shipping Fees & Delivery Estimates

Shipping fees are calculated based on vendor origin, delivery address, weight/dimensions, and carrier availability. Delivery dates and ranges are estimates only, not guarantees.

6.3 Delays & Force Majeure

ALOVA is not responsible for delays due to:

carrier disruptions, strikes, weather, natural disasters
customs events
incorrect addresses provided by customers
events beyond reasonable control

6.4 Delivery Problems

If you do not receive an order:

contact the vendor first via the Platform
if unresolved, open a dispute through ALOVA support within the stated time window in the Refund/Dispute Policy

7. Returns, Refunds & Disputes

Return and refund rules depend on:

vendor policies (must comply with applicable consumer law)
ALOVA platform policies (Refund Policy, Dispute Policy)

Refunds generally require vendor approval except where consumer protection rules require intervention.
ALOVA may mediate disputes and may take platform actions to protect customers and the integrity of the marketplace.

8. Taxes (GST/HST)

GST/HST may be calculated based on:

the vendor’s tax registration status
the customer’s delivery location
applicable Canadian law

Vendors are responsible for their GST/HST compliance on sales they make. ALOVA charges applicable GST/HST on its own fees where required.

9. Reviews, Ratings & Content

You may post reviews if they are honest and based on actual experience. You may not:

post misleading/defamatory content
manipulate reviews
offer compensation for reviews unless disclosed and permitted by policy

ALOVA may remove content that violates policies or laws.

10. Prohibited Use (Customer)

You may not:

use the Platform for unlawful, fraudulent, abusive or harmful activities
harass vendors, drivers, or staff
attempt to hack, disrupt, scrape, reverse engineer or exploit the Platform
circumvent payment systems or fees

11. Intellectual Property

ALOVA content, branding, UI, and software are protected. You may not copy or commercially use ALOVA materials without written permission.

12. Disclaimers

The Platform is provided “as is” and “as available.” ALOVA does not guarantee uninterrupted service, error-free operation, or commercial outcomes.

13. Limitation of Liability

To the maximum extent permitted by law:

ALOVA is not liable for indirect, incidental, consequential, punitive damages
ALOVA’s total liability for a claim is limited to the amount paid for the disputed order (or the fees paid to ALOVA in the preceding 30 days, whichever is lower), unless otherwise required by law.

14. Indemnification

You agree to indemnify ALOVA from claims arising from your misuse of the Platform, your unlawful conduct, or your violation of these Terms.

15. Termination

ALOVA may suspend or terminate access for violations, fraud, or legal/compliance risk. Users may request account closure via support (subject to record retention obligations).

16. Governing Law & Venue

Ontario law and Canadian federal law apply. Disputes are resolved in Ontario courts unless otherwise required by consumer protection laws.

17. Changes to Terms

ALOVA may update these Terms. Continued use means you accept revised Terms.

SECTION II — VENDOR AGREEMENT (SELLER OF RECORD)

1. Acceptance & Relationship

By registering as a vendor, you agree to this Vendor Agreement.
You acknowledge:

ALOVA is a marketplace agent/technology provider
You (Vendor) are the seller of record for your listings
You are responsible for legal compliance, product/service safety, taxes, licensing, labeling, and performance.

2. Vendor Eligibility & Onboarding

You represent and warrant that:

you are legally authorized to operate in Canada
you are at least 18 years old
you provide accurate registration, identity and business information
you will comply with all applicable laws and platform policies

ALOVA may require verification/KYC documents and may approve/reject vendors at its discretion.

3. Listings & Vendor Responsibilities

You are solely responsible for:

accurate product/service listings, pricing, images, descriptions
inventory accuracy
product safety, quality, recalls, and compliance
sector compliance (food safety, professional certifications, regulated goods)

You must not misrepresent products, origin, claims, or credentials.

4. Commission, Fees & Optional Add-Ons

4.1 Commission (Core Model)

ALOVA charges 10% commission on completed sales, calculated on the sale subtotal (excluding GST/HST unless otherwise specified). Commission is deducted before payouts.

4.2 Subscription Fees

No vendor subscription fee applies by default under the current model.
ALOVA may introduce optional subscriptions later via notice and addendum.

4.3 Paid Add-Ons / Promotions

ALOVA may offer optional paid add-ons including:

boosted placement / sponsored listings
homepage features
category ads
search prioritization (e.g., “seen first”)
promotional campaign placements

Add-ons do not guarantee sales.

5. Taxes (Vendor Responsibility)

You are responsible for:

GST/HST registration when required
charging and remitting applicable taxes
providing your GST/HST number when registered
ensuring tax compliance for your sales

ALOVA is not responsible for your tax remittance.

6. Shipping & Fulfillment Responsibilities (Products)

You must:

provide accurate origin address
maintain accurate weights/dimensions
package items securely
meet preparation and pickup timelines
comply with carrier packaging requirements

Failure to fulfill may result in:

order cancellation/refund
ranking penalties
suspension or removal

7. Payout Terms (VERY IMPORTANT)

7.1 Products (Non-Perishable)

Vendor earnings are calculated as sales minus commission and permitted adjustments.
Funds remain pending until delivery confirmation.
Funds become eligible 7 calendar days after confirmed delivery.
Eligible earnings are aggregated and scheduled to be deposited every Wednesday.
Deposits are processed via Stripe (or designated processor) to your registered payout account.
If Wednesday is a holiday, processing may occur on the next business day.

ALOVA may hold or delay payouts in cases of:

disputes, suspected fraud, chargebacks
policy violations
compliance reviews or legal requests

7.2 Food & Grocery (Perishable)

For approved food/grocery vendors:

Orders may be fulfilled through ALOVA logistics.
Drivers may use the ALOVA Virtual Payment Card to facilitate payout upon confirmed pickup (or other defined fulfillment milestone).
The standard 7-day hold may not apply unless dispute/fraud/compliance concerns arise.

8. Returns, Refunds & Chargebacks

You must:

respond to customer inquiries within 48 hours
follow your posted return policy
comply with consumer protection laws
accept responsibility for defective/misrepresented items

Chargebacks, refunds, and platform customer-protection actions may result in deductions/offsets from your vendor balance.

9. Prohibited Products & Restricted Items

You may not list or sell:

illegal goods, counterfeit items, stolen goods
weapons and regulated weapons components
controlled substances
products violating Canadian law or third-party IP rights
any items restricted by carrier policies or by ALOVA’s prohibited list

Violation may result in immediate suspension and reporting where required.

10. Intellectual Property & Content License

You retain ownership of your trademarks and content, but you grant ALOVA a non-exclusive, royalty-free license to display and use your content for marketplace operation and promotion.

You represent your content does not infringe third-party rights.

11. Performance Standards & Enforcement

ALOVA may enforce performance standards such as:

cancellation rate, fulfillment time, complaint rate
product compliance issues
repeated late pickups/shipments

Enforcement actions may include warnings, ranking penalties, temporary suspension, permanent removal.

12. Indemnification

You agree to indemnify ALOVA for claims arising from:

product defects, safety incidents, recalls
regulatory violations
IP infringement
tax non-compliance
misrepresentation

13. Limitation of Liability

ALOVA does not guarantee sales volume, traffic, or performance. ALOVA’s liability is limited to the extent permitted by law.

14. Suspension & Termination

ALOVA may suspend/terminate vendor accounts for:

fraud, abuse, policy violations
repeated performance failures
legal/compliance risk

Upon termination, active listings may be removed and obligations survive termination.

15. Governing Law

Ontario, Canada.

SECTION III — DRIVER / COURIER AGREEMENT (INDEPENDENT CONTRACTOR)

1. Independent Contractor Status

You are an independent contractor, not an employee. Nothing in this agreement creates employment, partnership, or agency employment.

You are responsible for:

taxes, insurance, licensing
vehicle maintenance and operating costs
compliance with all laws

2. Driver Eligibility & Verification

ALOVA may require:

identity verification
driver’s license validation
insurance proof
background screening (where permitted by law)

3. Duties & Standards

You agree to:

pick up and deliver safely and professionally
protect customer and vendor privacy
follow traffic laws
handle items carefully and prevent damage
comply with pickup/drop-off instructions and proof-of-delivery requirements

4. Compensation

Compensation is per delivery/job as disclosed in the driver app or agreement. Payment is processed weekly unless otherwise stated.

ALOVA may deduct/offset amounts where permitted for proven losses caused by driver misconduct, misuse, or negligence.

5. Insurance & Liability

You must maintain valid auto insurance and any required commercial coverage. You are liable for negligent loss or damage caused by your actions.

6. Deactivation / Termination

ALOVA may deactivate drivers for:

repeated late deliveries
poor conduct or complaints
safety violations
suspected fraud
misuse of platform tools (including Virtual Card)

7. Privacy & Data Protection

You may only use customer/vendor information for delivery purposes. Any other use is prohibited.

8. Indemnification

You indemnify ALOVA against claims arising from your negligence, misconduct, or law violations.

SECTION IV — ALOVA VIRTUAL PAYMENT CARD POLICY (FOOD & GROCERY)

This Policy is incorporated into the Driver Agreement and Food & Grocery Vendor Addendum.

1. Purpose

The ALOVA Virtual Payment Card (“Virtual Card”) is issued solely to facilitate authorized vendor payment for eligible food/grocery orders. The Virtual Card remains the property of ALOVA.

2. Authorized Use Only

Virtual Card use is limited to:

the specific order ID
the exact authorized payout amount
the approved vendor for that order

Drivers must confirm vendor identity and order match before use.

3. Prohibited Use

The Virtual Card may not be used for:

personal purchases
cash withdrawal/ATM
fuel, tips, split transactions
reimbursements
any non-authorized transaction

Misuse may result in immediate deactivation, recovery of funds, and legal action.

4. Controls & Monitoring

ALOVA may enforce:

spend limits per order
single authorization rules
time-limited authorization windows
merchant category restrictions
real-time audit monitoring

5. Liability for Misuse

Drivers are liable for unauthorized transactions. ALOVA may recover losses through offsets where permitted and may report suspected fraud to authorities.

6. Security Requirements

Drivers must not store, share, or screenshot card details. Suspected compromise must be reported immediately.

SECTION V — FOOD & GROCERY VENDOR ADDENDUM (ATTACHMENT)

Applies only to vendors selling:
Prepared food, groceries, farm produce, perishables, consumables, regulated consumables.

1. Immediate Payment Model (Pickup-Based)

Vendor acknowledges that:

payout may occur at confirmed pickup (or defined milestone)
driver may facilitate payout using the Virtual Card
disputes after pickup may result in offset/clawback if vendor fault is determined

2. Food Safety & Compliance

Vendor warrants compliance with:

all applicable food safety laws
licensing/permits
labeling and allergen disclosures
safe storage and handling

Vendor indemnifies ALOVA for food-related claims, illness, contamination, or regulatory action.

3. Preparation, Packaging & Pickup Standards

Vendor must:

prepare orders before pickup window
seal packages properly
ensure accurate order contents
follow temperature/handling standards where applicable

Repeated failures may result in suspension.

4. Refunds & Spoilage

Perishable goods may be non-returnable. Refunds may be issued in customer-protection cases. Vendor balances may be adjusted for vendor fault.

SECTION VI — ADDITIONAL REQUIRED POLICIES (PUBLISH SEPARATELY)

To complete your compliance package, publish these linked policies:

Privacy Policy (PIPEDA-compliant)
Cookie Policy
Refund & Dispute Policy (time limits, evidence, partial refunds, chargebacks)
Shipping Policy (carriers, packaging, lost/damaged, delivery attempts, address issues)
Acceptable Use Policy
Payout Policy (Products vs Food/Grocery, Wednesday schedule, holds, offsets)

SECTION VII — CONTACT

Questions, complaints, legal inquiries:
📧 info@alova.ca
🌐 www.alova.ca
📞 Call/WhatsApp: 647-848-0095