TERMS OF USE2019-02-20T14:24:24-04:00

TERMS OF USE

 

Last updated: November 28, 2018

 

These Terms of Use (“Terms”) govern your relationship with www.ottawahandmade.com website (the “Site”) operated by Ottawahandmade.com (“us”, “we”, or “our”).

 

Please read these Terms of Use carefully before using the Site.

 

Your access to and use of this Site is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Site.

 

OUR MARKETPLACE

 

Ottawahandmade.com is an e-marketplace that provides a platform for exchanging information between Buyers and Sellers in the Ottawa area to offer, sell and buy handmade goods (“Marketplace”).

 

We are not a party to any transactions or other relationships between Buyers and Sellers.

 

Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue our Site (or any part of it) at any time and without notice.

 

Buyers hereby acknowledge and agree that:

 

  • You are not making a purchase from us and are not entering into a contract with us. Your purchase is from the Seller in question, and your contract is with that Seller;

 

  • We will not be a party to any dispute between you and any Seller or another Buyer. Any claims must be made directly against the party concerned;

 

  • We do not pre-screen Sellers or any items that Sellers advertise in Listings on our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings;

 

and

 

  • While all Sellers are required to comply with our Terms and Conditions for Sellers [insert link], which include provisions covering important matters such as payment methods, processing times, and delivery methods, all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).

 

ACCOUNTS

 

Certain parts of our Site (including the ability to buy and sell through the Marketplace) require an Account in order to use them.

 

You must be 18 years of age or older to create an Account. If you are under 18 years of age but over 16 years of age, your parent or guardian may create the Account for you. You must only use the Account with their supervision.

 

When creating an Account, the information you provide must be accurate, complete, and current at all times. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are also responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party.

 

If you believe your Account is being used without your permission, please contact us immediately at [insert email address]. We will not be liable for any unauthorised use of your Account.

 

If you wish to suspend or delete your Account, you may do so at any time. If you delete your Account, we will remove your information from our systems [and will remove any content you’ve submitted from our Site (where applicable)]. If you suspend your Account, nothing will be deleted, but will cease to be visible to other Users on our Site.

 

INTELLECTUAL PROPERTY RIGHTS AND USE OF OUR SITE

 

With the exception of User Content, all Content included on our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from our Site unless given express written permission to do so by us or the relevant User.

 

You may:

 

  • access, view, and use our Site in any web browser (including, but not limited to, in-app web browsers);
  • download our Site (or any part of it) for caching;
  • print [one copy of any] pages from our Site;
  • download extracts from pages on our Site; and
  • save pages from our Site for later and/or offline viewing.

 

You may not use any Content (including User Content) printed, saved, or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of our Site for general purposes whether by business users or consumers.

 

USER CONTENT

 

You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with our Acceptable Usage Policy [insert link].

 

You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you. You will be responsible for any loss or damage suffered by us as a result of such breach.

 

You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to our Site and all the intellectual property rights in that User Content. By submitting User Content to our Site, you grant us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting our Site.

 

We may reject, reclassify, or remove any User Content from our Site where in violates our Acceptable Usage Policy [insert link], or if we receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

 

ACCEPTABLE USAGE POLICY

 

You may only use our Site in a manner that is lawful and that complies with the provisions below. Specifically:

 

  • you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;
  • you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
  • you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  • you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

 

When using our Site, you must not communicate or otherwise do anything that:

 

  • is sexually explicit;
  • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
  • promotes violence;
  • promotes or assists in any form of unlawful activity;
  • discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
  • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or is otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

 

  • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
  • implies any form of affiliation with us where none exists;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
  • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

We reserve the right to suspend or terminate your access to our Site if you materially breach the above noted provisions or any of the other provisions of these Terms of Use. Further actions we may take include, but are not limited to:

 

  • removing your User Content from our Site;
  • issuing you with a written warning;
  • legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
  • further legal action against you as appropriate;
  • disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  • any other actions which we deem reasonably necessary, appropriate, and lawful.

 

We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of these Terms of Use.

 

 

PRIVACY

 

Ottawahandmade.com respects the privacy of its visitors to its Site and in their use of our Marketplace. We will not disclose your confidential information to any third parties, except as required in the course of providing our services. Your confidential information includes any information provided by you to us which is not publicly known.

 

DISCLAIMER & LIMITATION OF LIABILITY

 

You agree to assume full responsibility, risk and costs associated to your use of our Site, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our Site, including without limitation, all content and materials, and functions and services provided on our Site, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Site or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Site or the servers that make our Site available are free of viruses or other harmful components. We also do not guarantee the existence, quality, safety, legality or availability of any products offered for sale on the Site, or the ability of the Sellers to complete a sale or the ability of Buyers to complete a purchase.

 

 

In addition, to the extent permitted by applicable law, Ottawahandmade.com, its directors, employees, partners, agents, suppliers, or affiliates, will not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, arising out of or in connection with (i) your access to or use of the Site; (ii) your inability to access or use the Site; (iii) any conduct or content of any third-party on or related to the Site; (iiv) any content obtained from or through the Site; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

INDEMNIFICATION

 

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Site, your violation of these Terms, or the posting or transmission of any materials on or through the Site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

 

LINKS TO OTHER WEB SITES

 

The Site may contain links to third-party web sites or services that are not owned or controlled by Ottawahandmade.com. Ottawahandmade.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Ottawahandmade.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

TERMINATION

 

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

 

CHANGES

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site.

 

GOVERNING LAW

 

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

 

GENERAL

 

These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

 

If you breach any of these Terms and Ottawahandmade.com chooses not to immediately act, or chooses not to act at all, Ottawahandmade.com will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Ottawahandmade.com does not waive any of its rights.

 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

 

CONTACT US

 

If you have any questions about these Terms, please contact us at: info@ottawahandmade.com.