Terms of Service
Last Updated: September 17, 2026
1. Acceptance of Terms
By accessing and using BuyNearby.store, you accept and agree to be bound by these Terms of Service.
2. The Services
BuyNearby.store ("BuyNearby", "we", "us") operates a set of related services for local stores, suppliers, and customers in Calgary and surrounding areas. These Terms apply to all of them:
- Marketplace — a multi-vendor online storefront where customers browse and order from local stores for next-day delivery
- Delivery & Courier — order fulfillment by BuyNearby drivers, and on-demand courier booking for vendors
- Shop & Deliver — a personal-shopper service where a BuyNearby driver shops for items at a third-party store on a customer's behalf and delivers them
- Point of Sale (POS) — in-store checkout software used by vendors and their staff to record and manage sales
- Supplier Marketplace — a wholesale ordering system connecting approved suppliers with vendor stores for business-to-business purchasing
- AI Cofounder & AI Agents — AI-generated business recommendations, chat assistance, and automation tools made available to vendors and customers
Not every service is available to every account type or location. Using a specific service also means you accept any additional terms specific to that service described below.
3. User Accounts
- You must be 18 years or older to create an account
- Account types include customers, vendors (store owners), vendor staff (managers/cashiers), suppliers, and drivers — each with different access and responsibilities as described in these Terms
- You are responsible for maintaining account security, including any PIN or password used to access POS or dashboard tools
- You must provide accurate and complete information
- One account per person, per role
4. Communications & Consent
- By creating an account or placing an order, you consent to receive order updates, courier status alerts, and account notifications by SMS and email
- Transactional messages (order confirmations, delivery updates, security alerts) are essential to the service and cannot be opted out of while your account is active
- You may opt out of marketing/promotional messages at any time by replying STOP to any SMS, using the unsubscribe link in any email, or emailing support@buynearby.store
- Message and data rates may apply. Consent to receive SMS is not a condition of purchase
5. Marketplace Orders and Payments
- Orders placed before 11:59 PM are delivered the next day (5 PM - 10 PM)
- Minimum order value may apply based on your location
- Delivery fees are calculated based on distance
- All prices include applicable taxes (GST)
- Payment is processed securely through Stripe
6. Delivery
- Delivery window: 5 PM - 10 PM next day
- Someone must be available to receive the order
- Contact-free delivery available upon request
- Delivery to Calgary, Airdrie, Chestermere, and Cochrane
- Delivery windows are targets, not guarantees. Traffic, weather, and other conditions outside our control may cause delays, and we do not offer refunds solely for a late delivery
- If a delivery fails or is delayed because of an incorrect or incomplete address or contact information provided at checkout, BuyNearby is not responsible for the failure, and a redelivery fee may apply
7. Shop & Deliver
Shop & Deliver lets you request items from a third-party store that a BuyNearby driver shops for and delivers to you. Because BuyNearby does not control that store's inventory or pricing, additional terms apply:
- A valid Visa, Mastercard, or Visa/Mastercard-branded debit card is required to place a pre-authorization hold before a driver is sent. There is no cash on delivery, and Interac-only debit cards cannot be used
- You are only charged the actual total once shopping is complete; the pre-authorization hold is released or adjusted accordingly
- Item availability, pricing, and substitutions at the third-party store are outside BuyNearby's control. Drivers will use reasonable judgment for out-of-stock items or offer substitutions where possible
- Some retailers (e.g. membership warehouse clubs) cannot be used for Shop & Deliver because they require a membership card; a non-membership alternative may be suggested instead
- The shopping service fee and delivery fee shown at checkout apply regardless of the final basket total, and are non-refundable once a driver has begun shopping
8. Point of Sale (POS)
- POS is in-store checkout software made available to vendors and authorized staff (managers and cashiers) for recording sales at a physical location
- Vendors are responsible for the accuracy of items, prices, and totals entered through POS, and for the conduct of any staff member they grant POS access to
- Staff PINs are personal to each staff member; vendors are responsible for revoking access when a staff member's employment ends
- POS access may be subject to a separate subscription fee, disclosed to the vendor before activation, in addition to the marketplace commission described in Section 12
- BuyNearby is not a party to, and is not responsible for, in-store transactions between a vendor and its walk-in customers beyond providing the POS software itself
9. Supplier Marketplace
The Supplier Marketplace connects approved wholesale suppliers with vendor stores for business-to-business purchasing. It is separate from the consumer-facing marketplace described elsewhere in these Terms.
- Suppliers must be approved by BuyNearby before listing products or receiving purchase orders
- Purchase orders and invoices between a supplier and a vendor store are agreed on the payment terms selected for that account (e.g. Net 15, Net 30, Net 60, or COD)
- BuyNearby facilitates the ordering, invoicing, and payment collection tools for these transactions but is not a party to the underlying supply agreement between a supplier and a vendor. Product quality, accuracy, and fulfillment of a wholesale order are the supplier's responsibility
- Vendors are responsible for paying supplier invoices according to the agreed payment terms. Late or unpaid invoices may result in suspension of Supplier Marketplace access and, where applicable, referral for collection
- Suppliers are responsible for the accuracy of their own catalog listings, pricing, and payment terms offered to vendors
10. AI Cofounder & AI Agents
BuyNearby provides AI-powered tools, including an "AI Cofounder" that generates business recommendations for vendors, and AI chat assistants that help customers, vendors, and support staff. These are built using third-party AI models (including Anthropic's Claude).
- AI-generated recommendations, strategies, and chat responses are informational only. They are not professional, financial, legal, tax, or accounting advice, and are not guaranteed to be accurate, complete, or suited to your specific situation
- You are responsible for reviewing and independently verifying any AI-generated recommendation before acting on it, including any recommendation that affects pricing, inventory, staffing, or spending decisions
- BuyNearby does not guarantee any business outcome, sales increase, or cost saving from following AI-generated advice
- To generate recommendations, the AI Cofounder and related tools may analyze your store's sales, inventory, and order data. This data is used only to operate the Services and is handled per our Privacy Policy
- AI chat features are clearly identified as automated; if you need to reach a human, contact support@buynearby.store
11. Cancellations and Refunds
- Orders can be cancelled before store preparation for full refund
- After preparation, a restocking fee may apply
- Refunds for missing/damaged items (non-perishables only)
- Refunds processed within 3-5 business days
12. Vendor Responsibilities
- Vendors must confirm orders by end of day
- Products must match descriptions and images
- 15% commission applies to all marketplace sales
- Vendors receive daily automatic payouts
- Orders must be packed and ready for handoff before the assigned courier arrives; couriers will wait up to 10 minutes, after which the pickup may be cancelled and a cancellation fee applied
13. Resolving Order Issues
- Claims for missing, damaged, or incorrect orders must be submitted to support@buynearby.store within 48 hours of the delivery date, with your order number and a description of the issue
- We aim to respond to all claims within 2 business days
- Claims submitted more than 14 days after the delivery date cannot be investigated or resolved
14. Prohibited Activities
You may not:
- Use the service for illegal purposes
- Provide false or misleading information
- Interfere with service operations
- Attempt to access unauthorized areas
- Resell or redistribute products
- Treat BuyNearby drivers, vendors, suppliers, or staff in an abusive, threatening, or harassing manner, whether in person, by phone, or in writing — this may result in immediate account suspension
15. Intellectual Property
All content, trademarks, and intellectual property on BuyNearby.store are owned by us or our licensors. AI-generated recommendations and chat responses are provided for your use in operating your store and may not be resold or redistributed as a standalone product.
16. Third-Party Services
BuyNearby relies on third-party providers to operate parts of the Services, including Stripe (payments), Twilio (SMS notifications), and Anthropic (AI models powering the AI Cofounder and chat assistants). Use of these features is also subject to those providers' own terms and privacy practices. BuyNearby is not responsible for the availability or conduct of third-party services.
17. Limitation of Liability
BuyNearby.store is not liable for:
- Product quality issues (vendor or supplier responsibility)
- Delivery delays due to weather or unforeseen circumstances
- Outcomes of decisions made based on AI-generated recommendations
- Indirect or consequential damages
Where liability cannot be excluded under applicable law, our total liability for any claim relating to an order or service is limited to the amount you paid for that order or service.
18. Dispute Resolution
Disputes will be resolved through:
- Customer support mediation
- Arbitration in Calgary, Alberta
- Governed by Alberta law
19. Changes to Terms
We reserve the right to modify these terms at any time. Continued use constitutes acceptance of changes.
20. Contact Information
- Email: support@buynearby.store
- Phone: +1 (218) 504-1192
- Address: 6815 Temple Dr NE, Calgary, AB T2K 1H9
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