Last updated: Nov 4, 2021

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. Earthware, (“Earthware”, “Company” “we”, or “us”) is a Canadian company operating under the legal name Return Guru Inc. with offices located at Suite 640, 1414 8th Street S.W., Calgary, Alberta T3C 2A2. Earthware provides a reusable container service for restaurant takeout and delivery, including proprietary online, mobile, and physical technologies (the “Technology”), and the website located at: www.earthware.me (the “Site”). Earthware facilitates businesses and consumers (“Earthware Community”) their use of return for reuse containers (“Containers”) including the return and processing of such Containers, once used, for re-use by the “Earthware Community” (together with the Technology, Site, and Earthware Platform, the “Service”).

These Terms set forth the legally binding terms and conditions that govern the use of the Service. By clicking on the “Sign up Now” button, completing the registration process, browsing the site, and/or using the Service, the customer (“user” or “the customer”) are accepting these Terms (on behalf of the customer’s or the entity that the customer represent), and the customer represent and warrant that the customer have the right, authority, and capacity to enter into these Terms (on behalf of the customer’s or the entity that the customer represent). the customer may not access or use the Service or accept the Terms if the customer is not at least 18 years old. If the customer does not agree with all of the provisions of these Terms, do not access or use the Service.

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING the the customer’s USE OF THE SERVICE. THESE TERMS AFFECT the customer’s LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICE, the customer ACKNOWLEDGE THAT THE CUSTOMER HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY THESE TERMS.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation.  See below under the heading “Modification of The Service and Terms” for more information.

The personal information the customer provides through the Service will be collected, used, managed and disclosed in accordance with our Privacy Policy.

The Service

We provide a return for reuse restaurant takeout container service (“Service”) to our customers in partnership with our restaurant vendor partners (“Partners”). The customer will use their unique membership code, provided after signing up for the service (please see “Registering for the Service”), to order takeout through third party platforms and/or directly with our Partners. The customer will have their meal packed in Earthware containers. The customer has 20 (twenty) days to return the Containers to Earthware, consistent with  the membership level the customer has selected, after which they will be charged $25.00 (twenty-five dollars) to the credit card provided in the sign up process. There are three ways the containers can be returned, please see “Membership Levels” below. While we provide the Containers to our Partners, our Partners are solely responsible for: 

• Packaging their products or services in Containers for the customer’s order.
• The contents of Containers.
• Maintaining the Containers, including their cleanliness, from the point when the Partners receive the Containers from Earthware. 

Partners have the authority to accept or decline the customer’s Order on behalf of Earthware. Neither Earthware nor any Partner will be responsible for any failure to accept an Order. 

Earthware Membership Levels 

Earthware offers its customers three membership levels:

1. Drop-off: Earthware will provide drop-off locations throughout the city of Calgary. These locations are not yet available. 
2. Neighbourhood pick up:  Earthware will be in your neighborhood at least twice per month.  Earthware will be responsible for collection of containers twice monthly from the address location the customer provides in the sign up process. The customer schedules this by scanning the QR code on the container or by visiting https://earthware.me/pickup-request/.  Earthware will remind the customer to put the Earthware containers on their doorstep via text message the day before pick up has been scheduled. Not yet available.
3. Next day pick up: The customer will schedule Earthware to collect the containers the next day.  Earthware will remind the customer to put their containers on their doorstep via text the night before pick up.

Earthware is responsible for the cleaning, sanitization and storage (prior to Partner use) of the Containers. Earthware does not provide the Order platform itself. Neither does Earthware deliver food or operate any Partner, and is not itself a Partner. Earthware is not responsible for the quality, character or safety of any products delivered by Partners (“Products”). The provision of the Service and fulfilment of any Orders by the Partner to the customer constitutes an agreement entered into between the customer and the Partner. Earthware shall never be a party to such agreement.

Registering for the Service

By using the Service, the customer is entering into a contract with Earthware under the terms set out herein (“Terms”). In order to be able to use the Service, the customer first needs to sign-up with Earthware. When signing-up, the customer is obligated to provide us with certain personal information, such as the customer’s mobile telephone number, email, and home address. Upon successfully signing up with Earthware, the customer will choose a password and Earthware will provide the customer with a unique membership code (“Membership”) that the customer may view at any time by login in with their membership details at www.earthware.me/login.

The customer warrants that the information the customer provides to Earthware is accurate and complete and that the customer will keep the information the customer has provided to us current. Earthware is entitled at all times to verify the information that the customer has provided and to refuse use of the Service without providing reasons. The customer’s failure to maintain accurate, complete, and up-to-date information may result in the customer’s inability to access and use the Services or Earthware’s suspension or termination of the customer’s access to, and use of, the Services.

The customer is responsible for all activity that occurs under the customer’s membership subscription and the customer agrees to maintain the security and secrecy of the customer’s membership code and password at all times. Unless otherwise permitted by Earthware in writing, the customer may only have one membership code.

In connection with the customer’s use of the Service, Earthware may send the customer electronic messages. These electronic messages may be sent for various reasons, including for security purposes (e.g., verifying that the the customer’s phone is connected to the phone number the customer provided), to confirm status of the the customer’s Containers, to send reminders for the return of the Containers and for issues related to an Order the customer placed (e.g., to confirm if the membership code attached to the customer’s Order was entered correctly). For information about promotional and marketing messages we may send, please refer to our Privacy Policy.

Accessing the Service

The Service can be added to an Order in the following ways:

• Direct Takeout (Phone) Orders. When placing an Order with a Partner (one that has agreed to Earthware’s Partner Terms of Service), the customer must request that the Products be packaged in Earthware containers and the customer must provide their membership code. The Partner will record the order information and the Product will be packaged in Earthware Containers. Order data (including date the order was placed, membership code, items ordered and quantities ordered) will be sent to Earthware from the Partner (with the Partner’s consent). The customer’s membership code will be used to match the customer’s order to the customer’s Earthware membership. Any failure on the customer’s part to provide the correct membership code may result in the customer being unable to access the Services. No confidential payment information will be shared.
• App or Online Orders. When placing an Order with a Partner (one that has agreed to Earthware’s Partner Terms of Service), either through that Partner’s ordering system or a third party ordering system, the customer must choose the Earthware menu item and enter the membership code in the additional/extra information field. The customer’s membership code will be used as an identifier and the customer’s Product will be packaged in the Container(s). Order data (including membership code identifier, items ordered and quantities ordered) will be sent to Earthware from the Partner (with the Partner’s consent). The customer’s membership code will be used to match the customer’s order to the customer’s Earthware profile. Any failure on the customer’s part to provide the correct membership code may result in the customer being unable to access the Services. No confidential payment information will be shared.

Partners will make every effort to use our Containers when the customer has requested to use the Service. In some cases, Partners may not be able to package all of the Products for the customer’s Order in our Containers (e.g., if certain Products do not fit or present well in a Container shape or size available). 

If the customer has any issues with the customer’s Order (including not receiving the customer’s Order in the Containers), the customer may contact the Partner or us directly (anitahelp@earthware.me) and we will assist the customer in resolving the customer’s issue. We may be unable to resolve any complaint or issue the customer has because resolution may be at the sole discretion of the Partner. All complaints regarding the quality of any Products should be addressed directly to the Partner. Earthware has no obligation to compensate the customer for any dispute the customer may have with any Partner.

Returning the Containers

After the customer’s Order has been processed by the Partner, and the customer has received the Partner Product and Container(s), the customer must: 

• Rinse out the Earthware Containers; 

Depending on the membership level the customer has signed up for, there are three ways the containers can be returned to Earthware:

• 1. Next Day Pick Up: The customer is required to scan the QR code found on the container or Earthware will be responsible for the collection of the containers the following day between 9:00am and 5:00pm.
• 2. Drop Off: Return the Containers to a Drop Off location at the customer’s earliest convenience, but no later than 20 days following the customer’s receipt of the Containers. An up-to-date list of Drop Off locations is available on our website. Not yet available. 
• 3. Neighbourhood Pick Up: We are in your neighborhood approximately twice per month.  Earthware will be responsible for collection of containers twice monthly from the address location the customer provides in the sign up process. The customer schedules this by scanning the QR code on the container or by visiting https://earthware.me/pickup-request/.  Earthware will remind the customer to put out the Earthware containers via text message the day before pick up has been scheduled. Not yet available.

Acceptable use

The customer may only access the Service using the means and methods permitted by Earthware. Please review all usage instructions and limitations of the Containers carefully. 

Earthware IS NOT RESPONSIBLE FOR ANY COSTS OR DAMAGES ARISING FROM THE MISUSE OF THE CONTAINERS OR THE SERVICE. 

By using the Service, the customer further agree that:

• the customer will only use the Service for the the customer’s sole, personal use and will not resell it to a third party;
• the customer will not authorize others to use the the customer’s membership;
• the customer will not assign or otherwise transfer the the customer’s membership to any other person or legal entity;
• the customer will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
• the customer will not use the Service to cause nuisance, annoyance or inconvenience;
• the customer will not impair the proper operation of any network accessed through the Service;
• the customer will not try to harm the Service in any way whatsoever;
• the customer will not copy or distribute any part of the Technology, Site, or Earthware Platform without written permission from Earthware;
• the customer will keep secure and confidential any account password or any identification we provide the customer which allows access to the Service;
• the customer will provide us with whatever proof of identity we may reasonably request;
• the customer will only use the Service through an internet connection the customer are authorized to use;
• the customer is aware that when the Service may require receiving or sending messages by short message service (SMS; if available in the the customer’s jurisdiction) and that standard messaging charges (if any) will apply;
• the customer will not use the Service with an incompatible or unauthorized device; and
• the customer will comply with all applicable laws including the laws of the area in which the customer is present while using the Service.

Earthware reserves the right to immediately terminate the customer’s use of the Service should the customer not comply with any of the above rules. Earthware will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Earthware may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. The customer acknowledges that Earthware has no obligation to monitor the customer’s access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure the the customer’s compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Paying for the Service

Please see “Membership Levels” for pricing. The customer shall not be required to pay for the Containers ordered through our Partners. The customer will be required to pay a penalty of $25 (twenty-five dollars) if the Containers are not returned within 20 (twenty) days of receiving the Containers.

The processing of payments or credits, as applicable, in connection with the customer’s use of the Service will be subject to the terms, conditions and privacy policies of Partners and/or their Payment Processor in addition to these Terms. Earthware is not responsible for any errors by the Partners or their Payment Processor.

Accuracy of information

Earthware is not responsible if third-party information made available through the Service is not accurate, complete, or current.

Although we strive to provide accurate Service and pricing information, errors or misprints may occur. In the event that our Service is listed at an incorrect price or with incorrect information due to an error in pricing or Service information, Partners shall have the right, at their sole discretion, to refuse or cancel any Orders, or part of an Order. Earthware is not obligated to provide refunds for inaccuracies in pricing information.

Indemnification

By accepting these Terms and using the Service, the customer agrees that the customer shall indemnify and hold harmless Earthware, its affiliates, licensors, and each of their officers, directors, other users, employees, attorneys and agents (collectively, “Earthware Group”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) the the customer’s violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) the the customer’s violation of any rights of any third party, including, without limitation, Partners through which the Service is purchased; or (iii) the the customer’s use or misuse of the Service.

Liability

The customer’s USE OF THE SERVICE IS AT THE CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EARTHWARE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (I) THE SERVICE WILL MEET THE CUSTOMER’S REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE CUSTOMER THROUGH THE SERVICE WILL MEET THE CUSTOMER’S PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT NO MEMBER OF THE EARTHWARE GROUP SHALL BE LIABLE TO THE CUSTOMER FOR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, REVENUE, ECONOMIC ADVANTAGE, GOODWILL, DATA, OPPORTUNITY OR SALES, DAMAGES FOR PERSONAL INJURY, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES (WHETHER OR NOT THE EARTHWARE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT THE CUSTOMER MAY ACCESS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF THE CUSTOMER’S TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER WAIVES, RELEASES AND DISCHARGES THE EARTHWARE GROUP FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. EARTHWARE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL

WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE EARTHWARE GROUP TO THE CUSTOMER IN CONNECTION WITH THESE TERMS AND THE CUSTOMER’S USE OF THE SERVICE SHALL IN NO EVENT EXCEED CAD$100.00.

Content

For the purpose of these Terms, the following definitions apply:

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“Earthware Content” means Content owned or used by Earthware, its affiliates or third-party licensors (including Partners) and made available through the Service, but excluding User Content.

“User” means a person who accesses or uses the Service.

“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service.

“Collective Content” means, collectively, Earthware Content and User Content.

Subject to the the customer’s compliance with these Terms, Earthware grants the customer a limited, revocable, non-exclusive, non-transferable license:

• to view, download and print any Earthware Content solely for the customer’s personal and non-commercial purposes; and
• to view any User Content to which the customer is permitted access solely for the customer’s personal and non-commercial purposes.

Unless otherwise stated, the copyright and other intellectual property rights in the Earthware Content are owned by us, the Partners or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Earthware Content other than in accordance with these Terms is prohibited.

The customer has no right to sublicense the license rights granted in this section.

The customer may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Collective Content, except as expressly permitted in these Terms. The customer may not reuse any Collective Content without first obtaining the written consent of Earthware. No licenses or rights are granted to the customer by implication or otherwise under any intellectual property rights owned or controlled by Earthware or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved.

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content through the Service. User Content will be deemed non-confidential and non-proprietary. By providing User Content to Earthware, the customer grants Earthware a non-exclusive, perpetual, transferable, worldwide, royalty-free, right to use, copy, distribute, display, modify, make derivative works from, and disclose to third parties any User Content for any purpose, in any medium and throughout the world. the customer hereby waive any moral rights in the customer’s User Content in favour of Earthware.

The customer acknowledges that Earthware only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to the customer or to any third party for the content or accuracy of the User Content. Earthware does not continuously monitor User Content published by the customer or moderate between Users, nor shall Earthware be under an obligation to do so. Without limiting the foregoing, the customer acknowledges and agrees that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Earthware.

Any use by the customer of the User Content is entirely at the customer’s own risk. The customer represents and warrants that any User Content posted or transmitted by the customer is original to the customer and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory, vulgar, illegal, or disparaging statements. Furthermore, the customer represents and warrants that the customer has the capacity to grant the license as stipulated in this paragraph.

The customer agrees to indemnify and hold harmless the Earthware Group against all costs, expenses, damages, losses and liabilities incurred or suffered by any member of the Earthware Group related to any User Content posted or transmitted by the customer through the Service.

Earthware reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by the customer and which Earthware believes is not in accordance with these Terms (including without limitation materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Earthware. The customer agrees to provide Earthware sufficient information to enable Earthware to investigate whether such User Content breaches these Terms.  Earthware shall take such action as Earthware in its sole discretion decides. However, Earthware does not warrant or represent that it will block or remove (in whole or in part) or monitor such User Content.

Intellectual property ownership

Earthware alone (and its Partners and third party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Technology, Site, Earthware Platform, and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the customer or any other party relating to the Service.

These Terms do not constitute a sale and do not convey to the customer any rights of ownership in or related to the Service, or any intellectual property rights owned by Earthware. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, except with our express written permission or the permission of a third party that may own the applicable trademarks.

Third party interactions

During use of the Service, the customer may enter into correspondence with, purchase goods or services from, or participate in promotions of Partners, advertisers or sponsors, or other Earthware Community members through a link on the Site or through the Service. These links take the customer off the Site and the Service and are beyond Earthware’s control. The websites the customer can link to have their own separate terms and conditions as well as a privacy policy. Earthware is not responsible and cannot be held liable for the content and activities of these websites. The customer therefore visits or accesses these websites entirely at the customer’s own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and the customer is therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Termination

The customer is entitled to terminate the customer’s use of the Service at any time by refraining from requesting to use the Service when placing Orders. The customer can close the customer’s user account at any time by following the instructions on Earthware’s website. Earthware is entitled to terminate the customer’s use of the Service at any time without notice and with immediate effect (by disabling the the customer’s use of the Service) for any reason, including, if the customer: violates or breaches any term of these Terms, or in the opinion of Earthware, misuse the Service.

Entire agreement

The Terms (including any referenced documents) constitute the entire agreement between the customer and Earthware and governs the the customer’s use of the Service, superseding any prior version of these Terms between the customer and Earthware.

Waiver and severability of terms

The failure of Earthware to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Modification of the Service and Terms

Earthware reserves the right, at its sole discretion to change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Earthware may also impose limits on certain features and services or restrict the customer’s access to parts or all of the Service without notice or liability.

Earthware reserves the right, at its sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to the customer by posting the revised Terms on our Site and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Site. The customer should check the Terms frequently for any revisions, and especially before the customer’s use of the Service. By continuing to access or use the Service after those revisions become effective, the customer agrees to be bound by the revised Terms. If the customer does not agree to the new Terms, in whole or in part, please stop using the Service.

Notice

Earthware may give notice by means of a general notice sent through electronic mail to the the customer’s email address on record in the the customer’s personal profile in the the customer’s account, or by written communication sent by regular mail to the the customer’s home address on record in the personal profile in the the customer’s account.

Assignment

The customer may not assign the customer’s rights under these Terms without prior written approval of Earthware.

Applicable law and dispute resolution

If the customer has any dispute, controversy or claim (a “Dispute”) about the Service, the customer agrees to first try to resolve the dispute informally by contacting us at anitahelp@earthware.me.

To the fullest extent permitted by applicable law, the customer irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the Province of Alberta, Canada, with respect to any Dispute arising out of or in connection with these Terms or the customer’s use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.

WHERE PERMITTED UNDER APPLICABLE LAW, THE CUSTOMER AND EARTHWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE CUSTOMER’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both the customer and Earthware agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.