Terms & Conditions
Effective Date: November 9, 2015
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; YOUR USE OR ACCESS THE SERVICES IN ANY MANNER SUBMITS YOUR AGGREEMENT TO THE TERMS.
Welcome to The Local Find. Please read our Terms and Conditions that govern your use of our services, website(s) (the “Site”), products, and applications (the “Services). If you have any questions feel free to contact us at hello [a] thelocalfind.ca.
TERMS and CHANGES
The Local Find provides the Services to you subject to the following terms and conditions (the “terms”). Use of The Local Find in any way indicates that you accept these terms and conditions.
The Terms and Conditions (the “Terms”) are a binding contract between you and The Local Find (the “Provider”, “Seller”, “we”, “our” and “us”). You (the “Customer”, “User”, “Buyer”) must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
The Local Find reserves the right to change any of the terms and conditions, including all Policies and Guidelines referenced, at any time and in its sole discretion. Changes to the Terms, including all Policies and Guidelines referenced therein, will be posted on the Site and may be done without individual notice to you.
Your continued use of the Site and Services the posting of any changes to the Terms, including all Terms referenced therein, will constitute your acceptance of such changes. If you do not agree to any changes, then you should not continue to use the Site and Services.
When you visit the Site, or communicate with us on the site or via email, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting information the Site. 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.
The Local Find acts as a venue to allow sellers and buyers who agree to the Terms, to offer, sell, and buy locally designed products (the “products”) within a fixed price format. The Local Find creates and maintains the Marketplace for registered sellers (“Makers”) to list, offer and sell products to buyers (“Customers”, “Users”, “you” or “your”). The Local Find does not make any of the products offered for sale on the Site, but from time to time may bundle individual products from various Makers into a “box” and offer the “box” for limited sale or subscription service. As a result, The Local Find has no control over: the quality, safety and delivery of any product listed, and/or the truth or accuracy of the product listings. Effort will be made on our part however to supply products from the best and highest quality Makers in each region, so feel free to contact us if you are not satisfied with the quality of your product. We will do our best to maintain quality management, and will strive to showcase only the highest quality locally designed goods.
Although we strive to maintain this standard, you agree that The Local Find is a venue. As such, The Local Find is not responsible or liable to you, or any other party, for any: products or the description of products, information, usernames, profiles, data, text, graphics, images, photographs, audio, video, and links posted on the Site; deficiencies in the product you receive; issues or disputes you may have with a Maker; order cancellations; product returns; and disputes between you and The Local Find’s independent third party shipping provider.
The Local Find is not responsible for ensuring that Makers are, or remain, legally qualified to sell their products. You use the Site and Services at your own risk.
USE OF THE SITE
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian agrees to these Terms on your behalf). If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under the age of 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under the age of 13, please do not register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as soon as possible. If you believe that a child under the age of 13 may have provided us personal information, please contact us at hello [a] thelocalfind.ca.
You will only use the Services for your own personal, internal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If applicable laws prohibit the use of the Services, then you are not authorized to use the Services. We are not responsible for your using the Services in a way that violates a law that is applicable to you, your region, or a region you are visiting.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services, including offering or selling anything (a “Product” or “Goods”) through the Services, in a manner that:
- Infringes or violates the rights or intellectual property rights of anyone else;
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security you or anyone involved with the Services;
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or hacks any passwords or security encryption codes;
- Runs Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Site or Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site or Services.
You are not allowed to use any robot, spider, other automatic device, or any manual process to monitor, copy, modify, distribute, or publish any web pages within the Site or within or adjacent to any other Site material (referred to as “Material” or “Materials” and defined as any and all product postings, images, photos or photographs, video, sounds, messages, opinions, product reviews, product ratings, texts, files, links, works of authorship, feedback, information, data, software, graphs, typefaces, graphics, music, or any other materials) without our prior written consent. You also agree that you will not frame any portion of the Site without our prior written consent.
You are prohibited from posting or transmitting through the Site any unlawful, harmful, threatening, abusive, defamatory, profane, vulgar, obscene, harassing, sexually explicit, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. The Site offers dedicated areas that allow for interactive activities that enable Users to communicate with each other directly, or which enable Users to post information and Material that will be visible to other Users. You agree that anything you post or communicate in these places, to Makers, or Buyers will violate anything stated in the Terms.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other content by you, or to deny, restrict, suspend, or terminate access to all or any part of the Services at any time, for any reason, with or without prior notice or explanation, and without liability. We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Services for any reason.
If you become aware of misuse of the Services, including any unlawful, threatening, harmful, abusive, harassing, obscene, or otherwise objectionable Material of any kind, or Material that violates any applicable law, please to notify us immediately.
We assume no responsibility for ongoing monitoring of the Site or for removal or editing of any Material. The Local Find assumes no liability for any action or inaction with respect to conduct, communication, or content within the Site.
You may not upload, embed, post, e-mail, transmit or otherwise make available any Material that infringes any copyright, trademark, trade secret, patent, or other proprietary rights of any person or entity. Any copyrighted or other proprietary User created content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The Local Find is entitled to presume that all Material conforms to the foregoing requirements.
The unauthorized submission of copyrighted or other proprietary content is illegal and could subject the User or Maker to personal liability for damages in a civil suit as well as criminal prosecution. You assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Material. The Local Find assumes no liability for any damage resulting from infringement of proprietary rights or copyrights, or from any other harm arising from any Material.
In using The Local Find, you may sign up for a customer profile and password (“account”) that enables you to use and access certain portions of this Site. You agree that you will provide us with accurate account information (including but not limited to your lawful name, valid e-mail address, home and delivery addresses) and that you will update your account information if it ever changes. We may terminate your account if we are unable to verify or authenticate the information you provide to us. You are solely responsible for maintaining the confidentiality of your account and for restricting access to it. You will protect the security of your account and your password. You are solely responsible for any activity associated with your account, including without limitation, all communications and transmissions and all financial obligations incurred through the use of the Site.
You further agree to:
- keep your account password confidential and secured;
- change your account password as soon as possible if you are suspicious that your password may have been stolen or lost;
- notify The Local Find immediately if you believe your account has been used without your authorization.
The Local Find reserves the right to refuse service, terminate profiles and passwords, remove or edit content, or cancel orders in its sole and absolute discretion.
- Product is ordered and purchased on The Local Find
- Our Makers receive an order for the items, and ship it out to the Customer to the address listed in the checkout process by the Customer. Any dates quoted for delivery of the Goods are estimates only. The Local Find is not liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused. The delivery of Goods may arrive in separate shipments if a Buyer purchases multiple products per order.
- If the goods are subject to damage on delivery, a description of the alleged damage or problem must be given in writing to the carrier at the time of delivery. The Customer must notify The Local Find of the damage. The Customer must notify us of any short delivery or Goods damaged in delivery, in writing, within three days of delivery. If the Customer fails to do so within this time, the Goods are deemed to be delivered in good condition and in the quantities set out on the invoice and/or bill of lading. In addition buyer must show The Local Find the original box that the product was delivered in when a claim is made that the product was damaged in order for us to evaluate a damaged goods claim. If the original box that the goods were delivered in is not available Goods are deemed to be delivered in good condition in the quantities set out on the invoice and/or bill of lading. In each case, the notification must include the invoice number, Order Confirmation number, delivery note number and details of the claim. In the case of a valid claim for damaged Goods, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Customer the Purchase Price (or an appropriate proportion of the Purchase Price) exclusive of shipping, import/export or customs duties, tariffs, charges and/or other charges, as per the Customer’s original method(s) of Purchase. Damaged Goods must be returned to the Seller. In the case of a short shipment, the Maker shall deliver the outstanding portion of the Order. After delivery of the Goods, or refund of the Purchase Price, the Seller with have no further liability to the Customer for the short shipment or damaged Goods.
- If the Customer fails to take delivery of the Goods, the Seller may pursue any remedy legally available, including either or both of the following:
- The Seller may store the Goods until actual delivery is effected and charge the Customer for the cost (including insurance) of storage, together with any other reasonable incidental costs; and/or
- Sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Customer for any shortfall below the Purchase Price.
The site, its content and all text, images, and merchandise and other information on, available on or accessible through this site are provided on an “as available” and “as is” basis without warranty of any kind either expressed or implied, including but not limited to implied warranties of merchantability, or fitness for a particular purpose. The Local Find does not warrant that the information available on the site is free of errors, the functions of this site will be uninterrupted or free of errors, or this site or servers that makes it available are free of errors or other harmful components. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall The Local Find or their Directors, Employees, Agents, Subsidiaries, Successors, Distributers, Suppliers, Makers, Affiliates, Divisions or Third Parties providing information on this site be liable to you or to any other person or entity for any direct, indirect, incidental, punitive, special or consequential or exemplary damages of any kind (including, but not limited to, loss of profits, loss of data, loss of goodwill, work stoppage, accuracy of results, computer failure or malfunction, or loss of use) arising out of the use or inability to use the site or otherwise, even if The Local Find has been advised or should have known the possibility of such damages or loss. In no event shall the The Local Find (or their Directors, Employees, Agents, Subsidiaries, Successors, Distributers, Suppliers, Makers, Affiliates, Divisions or Third Parties) be liable to you (or anyone or entity affiliated with a User or Maker) for your damages or losses, or loss of data or information. All damages, losses, and causes of action in regards to this site whether in contract, or outside of contract (including but not limited to negligence), will be settled to a maximum of $1 CAD, and must be filed within 6 months of occurrence.
The Local Find, its name, logo, and other branding indicated on the Website are trade-makers of The Local Find Collective Ltd. The Local Find’s graphics, logos, page headers, buttons, icons, coding, website and scripts are the property of The Local Find, and cannot be used in any way or form in whole or in part. In some cases, the Local Find may partner with other ventures, markets, or business, where with written permission from The Local Find name and branding may be used.
The Local Find relies upon a network of independent makers who supply their goods as posted on the site, and ship them directly to the customer. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, or images, logos or names, by our vendors, even if appearing on the Site or in emails from us.
The user acknowledges that The Local Find is a service provider. The Local Find respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Local Find (at hello [a] thelocalfind.ca) with the following information:
- description of the copyrighted work
- signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials
- where on the Site the infringing material is located
- your name, address, email and telephone number
- state that the information in your claim is accurate
- the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
LIMITATION OF LIABILITY
The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with these Terms and Conditions, including any Order or Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Goods or their use by the Buyer, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the Purchase Price (excluding applicable sales, use, excise, goods and services / harmonized and other taxes, freight, shipping and handling) for such Goods. Such amount shall be the Buyer’s sole remedy, and the Seller’s sole liability for such matters.
Terms and Conditions shall 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 the choice of laws provision thereof. In event that there is a conflict between these Terms and the rights or terms of legislation in the buyers local jurisdiction, the terms listed here shall prevail in favour of The Local Find.
International Use - We make no representation that information on this Site is appropriate for use outside Canada. Those who choose to access this Site from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export any User Content, any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, Canadian export laws and regulations.
The Community may be used only for lawful purposes in accordance with this User Agreement. If you are using the Community, and if you decide to post, publish or communicate any Material in the Community sections, then you acknowledge that you are bound by this User Agreement. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without The Local Find’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that The Local Find may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and The Local Find agree that these Terms are the complete and exclusive statement of the mutual understanding between you and The Local Find, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind The Local Find in any respect whatsoever. You agree that there are no third party beneficiaries intended under these Terms.