TERMS OF SERVICE
OVERVIEW:
This website www.shop4canadians.com is owned and operated by Shop4Canadians Inc. Throughout the site, the terms “we”, “us” and “our” refer to Shop4Canadians Inc. Shop4Canadians Inc. offers our website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By viewing our site, selling items or services through our site, and/or making purchases through our site, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”, “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but without limitation to users who are browsers, vendors, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of our website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any of its services. If these terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Shop4Canadians Inc. provides website services in the form of a multi-vendor marketplace platform. Each individual Vendor that users may choose to engage the services of, or purchase products from will also have their own Policies, including but not limited to; Terms of Service, Return/Refund policies and/or Delivery Policies. Please ensure that you read and fully understand the individual Vendor’s Policies before making a purchase through our website.
DEFINITIONS:
“Marketplace” means the online multi-vendor Marketplace platform offered by Shop4Canadians Inc. on their website that allows Vendors to promote and sell their products.
“Website” means https://www.shop4canaidans.com all subpages, any associated websites operation by Shop4Canadians Inc., and any other websites on which these Terms of Service appear.
“Products” means all goods and/or services listed for sale on the Marketplace by the Vendor and which are available for purchase by Customers
“Services” means the marketplace service provided by Shop4Canadians Inc. on the Marketplace and any other services provided to you by Shop4Canadians Inc.
“Account” means an account registered by you on the Marketplace
“Vendor” means an individual or business who jointly and severally if more than one, who registers to use the Website, the Marketplace and/or our Services to sell products and or services through the Marketplace platform.
“Customer” means the person, jointly and severally if more than one, acquiring or inquiring about the Products from a Vendor.
“Content” means written, visual and audio content published on or made available through the Marketplace.
“OCA” means “Office of Consumer Affairs”
SECTION 1 – ONLINE PLATFORM TERMS
1.01 By agreeing to these Terms of Service you represent that you are at least the age of majority in your province of residence.
1.02 You may not use our site for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any Provincial or Federal laws in your jurisdiction (including but not limited to copyright laws).
1.03 You must not transmit any worms or viruses or any code of a destructive nature.
1.04 A breach or violation of any of the Terms of Service will result in an immediate termination of your service.
SECTION 2 – GENERAL CONDITIONS
2.01 We reserve the right to refuse service to anyone for any reason at any time.
2.02 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
2.03 You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without the express written permission by us.
2.04 Internet Email: E-mail over the internet is not a secure medium and privacy cannot be assured. Shop4Canadians Inc. will not be responsible for any harm or damage you ay experience or incur by sending personal or confidential information to Shop4Canadians Inc. over the internet, by email, or if we send such information at your request. Please refer to our Privacy Policy for more information.
2.05 Transfer of Title and Risk of Loss: You agree that transfer of title and the risk of loss for all items purchased on our e-commerce Website at www.shop4canadians.com passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
SECTION 3 – REGISTRATION
3.01 You may register as a user or a Vendor on the Marketplace by creating an Account. You will be required to provide certain information when creating your Account (“Account Information”). The Account Information may include, but not be limited to; the name of your Business, the name of the registered owner(s) of the Business, your Business Number as registered with the Canada Revenue Agency, your Website or social media details, a description of your Business, your contact details (including name, email address and phone number) and your postal address.
3.02 All Account Information must be accurate, complete, current, and not misleading. Failure to do so will constitute a breach of these Terms of Service, which may result in the immediate termination of your Account.
3.03 Upon registration a username and password will be created. You are responsible for maintain the security and confidentiality of your login and password details and you are responsible for any and all activity that occurs under your login and password.
SECTION 4 – VENDOR STANDARDS & CONDITIONS OF USE
4.01 By registering and creating an account on our Website for use as a Vendor you warrant that you have read, fully understand and accept all terms and conditions in our Vendor Standards & Conditions of Use.
SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
5.01 We are not responsible if information made available on this site is not accurate, complete or current. The material on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
5.02 This site may contain certain Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
6.01 Prices for our products and Services are subject to change without notice.
6.02 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
6.03 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 – PRODUCTS OR SERVICES (if applicable)
7.01 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to individual Vendor Return Policies.
7.02 We have made every effort to display as accurately as possible the colours and images of the products that appear at the stores. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
7.03 We reserve the right, but are not obligated, to limit the sales or products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are offered. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
7.04 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 – ACCURACY OR BILING AND ACCOUNT INFORMATION
8.01 We reserve the right to refuse any order that you place with us. We may, in our sole discretion, limit or cancel quantities purchase per person, per household or per order. These restrictions may include orders placed by, or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
8.02 You agree to provide current, complete and accurate purchase and account information for all purchases made on our stie. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – OPTIONAL TOOLS
9.01 We may provide you with access to third-party tools over which we neither monitor or have any control nor input.
9.02 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
9.03 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9.04 We may also, in the future, offer new services an/or features through the Website (including, the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD PARTY LINKS
10.01 Certain content, products and services available via our Service may include materials from third-parties.
10.02 Reference in our Website to third parties’ goods or services are not endorsements or approval of such goods or services. Links to other sites are not endorsements or approvals of such sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection, worms, Trojan horses or other destructive/disruptive components from such sites.
10.03 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.04 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.01 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
11.02 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, racial or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
11.03 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or property right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comment you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
12.01 Your submission of personal information through the website is governed by our Privacy Policy. Please review our Privacy Policy
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
13.01 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, except as required by law. No specified update or refresh data applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
14.01 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or municipal regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.01 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
15.02 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
15.03 You agree that from time to time we may remove the service for indefinite periods of time or cancel he service at any time, without notice to you.
15.04 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly sated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either expressed or implied, including all implied warranties or conditions or merchantability, merchantable quantity, fitness for a particular purpose, durability, title, and non-infringement.
15.05 In no case shall Shop4Canadians Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, vendors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15.06 Notwithstanding the above, nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the customer by the OCA or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where liability cannot be excluded, any liability incurred by us is limited to the resupply of the Services or Content (as applicable) or the reasonable costs of having the Services or Content re-supplied, and any additional rights or remedies available to you against us for failure of a statutory guarantee under applicable law.
15.07 If the OCA applies to your use or acceptance of our Services, then our Services will come with guarantees that cannot be excluded under the OCA. For major failures with the Service, you are entitle
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
(c) You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
SECTION 16 – INDEMNIFICATION
16.01 You agree to indemnify, defend, and hold harmless Shop4Canadians Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, vendors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – INTELLECTUAL PROPERTY
17.01 Unless otherwise stated, Shop4Canadians Inc. owns the intellectual property rights to all Content on the Marketplace and Website, excluding any Content created or uploaded by a Vendor.
17.02 All trade marks, trade names and copyrightable material which appear on the Marketplace and Website are proprietary to Shop4Canadians Inc. and or its affiliates. Use of these trademarks, names or materials without our written consent will infringe upon our intellectual property rights.
17.03 Nothing on the Marketplace and Website, or in these Terms of Service should be interpreted as granting any rights to use or distribute any names, logos or trademarks of Shop4Canadians unless express written consent is provided by us.
SECTION 18 – SEVERABILITY
18.01 In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
19.01 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.02 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
19.03 If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19.04 We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we will give prior or subsequent notice to you.
SECTION 20 – CLOSING YOUR ACCOUNT
20.01 You may close your Account at any time, subject to. You not having any outstanding transactions on the Marketplace, and having paid all fees owing in relation to your Account.
20.02 By closing your Account, you acknowledge that you will still be bound by any of these Terms of Service which by their nature are intended to survive.
SECTION 21 – CONTESTS AND PROMOTIONS
21.01 Any contests, sweepstakes or other promotions (collectively “Promotions”) made available through the Website may be governed by rules that are separate to these Terms of Service. If you participate in any Promotions please review the applicable rules. If the rules of the Promotions are inconsistent with these Terms of Service, the Promotion rules will apply to the extent of the inconsistency. Promotions could include but not be limited to giveaways, discounts, or specials including Black Friday and Boxing Day Sales.
SECTION 22 – PRIVACY
22.01 We may collect, use, store, process, and disclose any personal information that. You provide to us or enter into the Website. We will only use your personal information for the purpose for which it was provided to us, to provide the Services to. You, or for a related secondary purpose that could be reasonably expected. For further details, please refer to the Privacy Policy on our website.
SECTION 23 – ENTIRE AGREEMENT
23.01 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
23.02 These Terms of Service and any policies or operating rules posted by us on our Website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
23.03 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23.04 You can review the most current version of the Terms of Service at any time on our Website.
23.05 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service can be sent by e-mail to info@shop4canadians.com or by postal mail to:
Shop4Canadians Inc.
PO Box 55
Mill Bay, BC
V0R 2P0