Terms of Use

LAST REVISED: September 3, 2021

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These terms and conditions of use (the “Terms”) apply to (i) your access and use of the website owned and operated by West Coast Healthy Vending Inc (“Company,” “we,” “us,” “our”) and located at www.sharewares.ca (the “Website”) and (ii) your participation in the services available on the Website.   

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PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY FOUND AT https://www.sharewares.ca/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY YOU MUST NOT ACCESS OR USE THE WEBSITE.

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By using this Website, you expressly represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

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You should also be aware that these Terms contain disclaimers and other provisions that limit our liability to users, including you. They also include an Arbitration provision that governs any disputes between you and us. Except where prohibited by law, the provision will eliminate your right to a jury by trial and substantially affect your rights.

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Modification to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise, amend and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

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The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

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Use of the Sharewares Services

When you register on the Website, you create a unique online account  by inputting your full legal name, email and creating a unique password which allows you to access certain areas of the Website and streamlines the return process of the Sharewares Reusable Product (the “Wares”). Remember, the Wares legally belong to the Company so they must be returned!  Here’s how it works:

1. After paying a small deposit, you borrow the Wares from one of our community partners to enjoy your beverage or meal.

2. You have ten days to return the Wares (the “Borrow Period”). Returning is simple. You just scan the QR Code on the Wares which brings you to the Website. You choose a return method (drop it off to one of our dedicated return bins, , arrange for a home pickup or return it to an authorized depot) and return the item. Don’t forget to make sure the Wares are free of food before returning in order to be eligible for the full refund and any Rewards!

3. Once the item has been scanned into our facility, your deposit is credited to your account. .

4. Subject to the Minimum Balance Requirement set out below, upon your request, the funds in your account representing refunded deposits for the Wares will be paid out by Interac e-Transfer or other redemption options that may be available from time to time, as you elect through the Website.

 

The scans of the Wares performed by the Company’s system, staff, employees are verified  All scans are considered final, and you agree to abide by our determination regarding any damage beyond regular wear and tear that is found on the item at the time of the scan.

 

Redemption Payments

To redeem by Interac e-Transfer, a minimum account balance of $0.75 CAD is required (the
“Minimum Balance Requirement”). We reserve the right to modify the minimum account balance required for Interac e-Transfer redemptions on 30 days notice. Please note that a maximum single transaction limit applies to any one transaction by way of Interac e-Transfer. Any Interac e-Transfer not collected by you within 30 days of sending will be cancelled automatically. A $5.00 cancellation fee will be charged to your account for any cancelled or time-out Interac e-Transfers Please review the terms and conditions governing third-party payment processors at: https://www.interac.ca/en/interac-e-transfer-terms-of-use/

We reserve the right, at any time in our sole discretion, to make changes to the redemption options available on the Website, change how any specific amount is paid out to you or to cancel a transaction at anytime. Your right to have the funds available in your account shall always remain available to you subject to the Minimum Balance Requirements.

The services we offer are subject to change over time and without warning. Payment for any additional services or products available on this Website will be charged to you in accordance with the terms and conditions, policies and fee schedules posted on the Website that relate to the service in question.

 

Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them.

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Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

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By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such personal information in compliance with our Privacy Policy, found at https://www.sharewares.ca/privacy-policy, as we deem necessary for use of the Website and provision of Services. You understand and agree that your provision of registration information and other personal information you make to the Website in any way constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://www.sharewares.ca/privacy-policy.

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Termination of Account

You may cancel or terminate your Account at any time in by emailing us at info@sharewares.ca with the subject line “TERMINATION OF ACCOUNT” from the email account that we have on file: We reserve the right at any time and from time to time, to disable, limit or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. Should termination occur, all verified then-accumulated funds in the account representing refunded deposits for Sharewares Reusable Products that have already been scanned in at our facility will be issued to the respective account holder by Interac e-transfer.

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Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except (i) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and (ii) in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

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If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

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Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You must not use the Website in any way that causes, or is likely to causes, the Website or access to it to be impaired, interrupted or damaged. You understand that you are responsible for all content and electronic communication, in whatever form, sent from your computer to us. 

Without limiting the foregoing, you warrant and agree that if you submit, post, publish, display, or transmit (collectively, "submit") any content, information or material to the Website or to other users or other persons (collectively, "User Submissions") and your general use of the Website shall not include or contain any material: (i) that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion; (ii) that is false, misleading or harmful; (iii) promotes any illegal activity; (iv) is invasive of privacy, infringes on intellectual property rights or is otherwise injurious to third parties; (v) impersonates or attempts to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing); (vi) encourages any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; (vii) transmits or procures the sending of any advertisements or promotions, sales or encourages and other commercial activities or (viii) causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person, such determination to be made in the Company’s sole discretion. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

 

Site Monitoring and Enforcement, Suspension, and Termination

The Company has the right, without provision of notice to:

• Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.

• At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions or these Terms.

• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

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No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

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Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

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Geographic Restrictions

The owner of the Website is based in British Columbia in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

 

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

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Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

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Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

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Dispute Resolution

The parties agree that, both during and after the performance of their responsibilities under this Agreement, each of them shall make bona fide efforts to resolve any disputes arising between them by amicable negotiations and provide frank, candid and timely disclosure of all relevant facts, information, and document to facilitate those negotiations.

In the event that the dispute cannot be resolved between the parties in thirty days, and except for matters that are expressly excluded from this dispute resolution process, including all matters that are to be decided by the Company in its sole discretion, any controversy, dispute, disagreement, or claim arising out of, relating to or in connection with this Agreement or any breach thereof, including any question regarding its existence, validity, or termination, shall be finally and conclusively resolved by arbitration under the Rules of the Vancouver International Arbitration Centre.

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The following provisions shall govern any arbitration hereunder:

1. The legal seat of arbitration shall be Vancouver, British Columbia;

2. There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the Vancouver International Arbitration Centre in accordance with its Rules.

3. The language of the arbitration, including the hearings, documentation and award, shall be English.

4. The Parties shall each bear their own legal costs and expenses of the arbitration.

5. Any decision of the arbitrator, including any decision with respect to costs shall be final and binding on the Parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.

6. The arbitration procedures, hearings, documents and award shall remain strictly confidential between the parties

 

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

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If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

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Assignment

The Company may assign any of its rights or delegate any of its duties under this Agreement without your prior consent.  You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section is null and void.

Entire Agreement

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The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and West Coast Healthy Vending Inc. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

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Reporting and Contact

We want to hear from you!  This website is operated by:

West Coast Healthy Vending Inc      

69 West 3rd Avenue

Vancouver, BC V5Y 3T8  

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Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at info@sharewares.ca

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@sharewares.ca.