Terms and Conditions
localsalt is a online marketplace service that enables users to communicate and sell to each with each other. The service provider reserves the right to change these terms of use if required.
localsalt is simply a marketplace to connect sellers and buyers of local consumable goods. Buyers maintain the same responsibility as they would if they stopped at a roadside farm-stand and purchased goods from an unknown seller.
A benefit of using localsalt is that there are peer-reviews and ratings of the producers- so a more informed decision can be made. If a product is labelled in such a way (regarding dietary restrictions or allergies) it is still ultimately the responsibility of the buyer whether to purchase and consume the goods.
We (localsalt) are striving to create a space where we can return to localized trade of consumables. Not everything is going to be perfect every time. You are purchasing from other humans and not Walmart. Be kind to each other.
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
Disclaimer
No guarantees of the functioning of the localsalt service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from localsalt and terminate their right of use of the service without any specific reason and without being liable for compensation.
Applicable Jurisdiction
The jurisdiction that is applicable in this service and these terms of use is that of Canada, unless something else is required by binding law.
Terms and Conditions applicable to a buyer from LocalSalt
These terms and conditions are the contract between you and LocalSalt (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Product on your behalf.
If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the LocalSalt App.
1. Definitions
| “LocalSalt App” | means the mobile phone / cell-phone software application which enables you to select, order and pay for Products using your phone or other device. |
| It includes any “app” or other product, material or thing offered for licence by us on Our Website, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “LocalSalt” shall be a reference to all or part of the LocalSalt App. | |
| “Service” | means the service we provide to you via the LocalSalt App. |
| “Content” | means the textual, visual or audio content that is encountered as part of your experience using the LocalSalt App or Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and all of the content provided by Sellers to inform illustrate and promote sales of the Products. |
| “Copy or Publish” | with reference to the LocalSalt App, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software. |
| “Device” | includes any device, work station, electronic application or electronic receiving device. |
| “Licence” | means a licence granted by us to you in the terms of this agreement for use of the LocalSalt App. |
| “Our Website” | means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function. |
| “Post” | means place on or into Our Website any Content or material of any sort by any means. |
| “Product” | means any product offered for sale on Our Website, through any medium. |
| “Seller” | means a person or organisation whose Products we offer for sale through the LocalSalt App. |
| “Software” | means the software which constitutes the LocalSalt App or which provides any electronic function which supports the use of it. |
2. Our contract
2.1. We do not offer Service in all countries. We may refuse service if you live in a country we do not serve.
2.2. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Website.
2.3. We are neither a buyer nor seller of Products offered for sale in any form. We are not either a principal or agent in a buying transaction.
2.4. LocalSalt is a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for sale of his/her Products and for collection and forwarding of your money. We are not responsible to you further than to take your money and pass it to the Seller.
2.5. We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of our members.
2.6. We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
2.7. In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
2.8. We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website at the time you buy a Product.
3. Your account and personal information
3.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. The buying procedure
4.1. LocalSalt is not responsible for the fulfilment of your contract to buy a Product.
4.2. Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
4.3. Unless it is clear to the contrary, you may assume that every sale is made by a Seller in the course of his business.
4.4. Products may be offered for sale subject to any discount or promotion arranged between LocalSalt and the Seller.
4.5. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
4.6. Subject to discounts and promotions, Products are offered for sale at a fixed price. GST/HST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
4.7. All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Seller for each item offered for sale. It may be changed at the discretion of the Seller.
4.8. Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
4.9. Any detail given by us in relation to exchange rates is approximate only and may vary from time to time.
4.10. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
4.11. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.
5. Acceptance
5.1. Your order is an offer to buy from the Seller.
5.2. Nothing said or done by the Seller is an acceptance of an order until the Seller actually dispatches the Product.
5.3. At any time before a Product is despatched, the Seller may decline to supply the Product to you without giving any reason.
6. LocalSalt guarantee
6.1. To give you the utmost confidence in the LocalSalt buying experience, we offer you an after sales guarantee:
6.2. If the Seller fails to supply a Product to you for which you have paid, or supplies a Product which is substantially different from what you ordered, we ourselves will refund the cost to you.
6.3. This guarantee is subject to the following conditions:
6.3.1 you must first follow the returns and refunds procedure set out on Our Website;
6.3.2 the maximum payment is $25. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
6.3.3 the claim form must be completed truthfully and accurately;
6.3.4 you must provide a street address to us
6.3.5 you are limited to a lifetime maximum of three claims and a maximum of one item in two years;
6.3.6 you must not have requested a charge back from your credit card company.
6.4. The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.
7. How we handle your Content
7.1. Our privacy policy is strong and precise. It complies fully with current law.
7.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
7.3. Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
7.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
7.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
7.6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1985.
7.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be critical.
7.8. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
7.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
7.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7.11. Please notify us of any security breach or unauthorised use of your account.
8. Products returned
There are no returns on consumable products. All sales are considered final upon purchase completion.
9. Security of your payment information
We take care to make Our Website safe for you to use.
9.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
10. Restrictions on what you may Post to Our Website
We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. This paragraph applies so far as we allow you to Post Content.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
10.1. be unlawful, or tend to incite another person to commit a crime;
10.2. consist in commercial audio, video or music files;
10.3. be obscene, offensive, threatening, violent, malicious or defamatory;
10.4. be sexually explicit or pornographic;
10.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
10.6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
10.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
10.8. be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
10.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
10.10. facilitate the provision of unauthorised copies of another person’s copyright work;
10.11. link to any of the material specified in this paragraph;
10.12. use distribution lists that include people who have not given specific permission to be included in such distribution process;
10.13. send age-inappropriate communications or Content to anyone under the age of 18.
11. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
11.1. hyperlinks, other than those specifically authorised by us;
11.2. keywords or words repeated, which are irrelevant to the Content Posted.
11.3. the name, logo or trademark of any organisation other than yours.
11.4. inaccurate, false, or misleading information;
12. Removal of offensive Content
12.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
12.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
12.3. If you are offended by any Content, the following procedure applies:
12.3.1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
12.3.2. we shall remove the offending Content as soon as we are reasonably able;
12.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
12.3.4. we may re-instate the Content about which you have complained or we may not.
12.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
12.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
13. Grant of Licence to use the LocalSalt App
13.1. Subject to payment of the licence fee and to the other terms of this agreement, we grant a Licence to you for eighty years to use the LocalSalt App.
13.2. We may refuse or revoke a Licence and return your payment if you live in a country we do not serve.
13.3. The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
13.4. No express or implied licence of the LocalSalt App or any other material is granted to you other than the express Licence granted in this agreement.
14. Restrictions on use of LocalSalt App
You agree that you will not:
14.1. use the LocalSalt App for any purpose beyond the scope of Licence as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines the LocalSalt App.
14.2. reverse engineer, decompile, or disassemble the Software.
14.3. sub-license, copy or share the Software or the LocalSalt App.
14.4. Copy or Publish the LocalSalt App except as specifically allowed in this agreement.
14.5. represent or give the impression that you are the owner or originator of LocalSalt App.
14.6. remove any identification or reference number or other information which may be embedded on LocalSalt App.
14.7. allow any other person to use the LocalSalt App except in the situation or context for which you have bought it.
15. Interruption to our Service
15.1. We give no warranty that our Service will be satisfactory to you.
15.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first.
15.3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
15.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
16. Disclaimers and limitation of liability
16.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
16.2. All implied conditions, warranties and terms are excluded from this agreement.
16.3. We provide a market place for the supply of Products. We are in no way responsible for:
17.3.1 your locating and ordering a Product;
17.3.2 your choice of a Product;
17.3.3 any aspect of the provision of the Products;
17.3.4 refund payment for any Product;
17.3.5 any complaint about any Product.
16.4. Our Website includes Content Posted by Sellers and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
16.5. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
16.6. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
16.7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
16.8. We shall not be liable to you for any loss or expense which is:
17.8.1 indirect or consequential loss; or
17.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
16.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Seller for a Product.
16.10. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
17. Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
17.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
17.2. your breach of this agreement;
17.3. your failure to comply with any law;
17.4. a contractual claim arising from your use of the Services.
18. Miscellaneous matters
18.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.4. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
| It shall be deemed to have been delivered: |
| if delivered by hand: on the day of delivery; |
| if sent by post to the correct address: within 72 hours of posting; |
| If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. |
18.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.6. This agreement does not give any right to any third party.
18.7. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
18.8. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.9. The validity, construction and performance of this agreement shall be governed by the laws of the Province of British Columbia and the parties agree that any dispute arising from it shall be litigated only in the Province of British Columbia.
Terms and Conditions for Sellers of goods through the LocalSalt System
These terms and conditions are the contract between you and LocalSalt (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are LocalSalt, incorporation number FM0789137, incorporated in British Columbia. Our registered office is at 171 Bittancourt Road.
1. Definitions
| “Commission” | means the commission you pay us, calculated as a percentage of the value of sales made by you through us, net of GST/HST. |
| “Content” | means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you both directly to offer your Products for sale and indirectly, for any other purpose. |
| “Device” | includes any computer, device, work station, electronic application or electronic receiving device. |
| “Fee” | means the annual subscription we charge for setting you up as a supplier to our site visitors. |
| “Our Website” | means any website or Service designed for electronic access by mobile or fixed Device which is owned or operated by us. It includes all of the hardware and software installations that enable our website to function. |
| “Post” | means place on or into Our Website any Content or material of any sort by any means. |
| “Product” | means any item offered for sale by you on Our Website, whether physical goods or downloads, together with all supporting text, and information in any medium. |
| “Service” | means all of the services available from Our Website, whether free or charged. For the sake of good order “Service” does not include any service offered for sale on Our Website by any person other than us. |
| “LocalSalt or Our App” | means our LocalSalt Online Marketplace which enables a user of a Device to search, select, order and pay for consumable goods using that Device via the Internet. |
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $100 per hour.
2.8. all money sums mentioned in this agreement are calculated net of GST/HST, which will be charged when payment is due.
3. Our contract
3.1. The relationship between us is solely that:
3.1.1 in consideration of the Fee charged by us, we provide for you an Internet market place as an arm’s length contractor.
3.1.2 we act as your agent solely in the collection of money paid by your buyer.
3.1.3 we are not, partners or joint venturers.
3.2. If you place a Product for sale on Our Website, you do so subject to these terms.
3.3. In consideration of the Fee and the Commission, we provide for you a market place accessible via the LocalSalt App and Website. The amount of the Fee and the Commission are set out in the Fee Schedule, placed on Our Website.
3.4. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
3.5. In contracting with users of Our App, we make certain assumptions as to your compliance with the law and to the procedures set out on Our Website and named the “Service Level Commitment”. You agree to comply with those procedures.
3.6. Insofar as we provide points of guidance on Our Website, relating to product delivery, returns, payments and other practical matters, such guidance is not to be interpreted as appropriate to your particular Products or circumstances. They do not differentiate between the compliance requirements of different merchants nor do they cover exclusions which may apply to you or to some of your Products. Accordingly, your compliance must be provided by:
3.6.1 your business procedures;
3.6.2 all of the pre-purchase information you give to prospective buyers;
3.6.3 the content on your website.
3.7. Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or site visitor has a valid complaint against you.
3.8. Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.
4. Your licence to us
4.1. You now warrant that:
4.1.1 you have the authority to enter into this agreement and bind the person or organisation named by you as the seller and licensor;
4.1.2 you own the copyright in all Content you may Post to Our Website or that you have the permission of the owner to use it and to grant this licence to us.
4.1.3 you know of no lawful reason why any person should object to or claim for infringement of, any intellectual property right relating to any Content you may Post.
4.2. In Posting data through our Service you grant to us an irrevocable, sub-licensable, licence to display your Product in images and text in the public domain. In doing so you understand and accept that we shall grant a sub-licence to any person in any terms we may from time to time decide, to download your Product images or any other Content, to his mobile phone.
4.3. We will use that licence only for commercial purposes in reference to LocalSalt and will stop using it after a commercially reasonable period of time.
4.4. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your Content as provided in the Copyright Act, 1985.
4.5. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be critical.
4.6. Posting Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
4.7. You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
4.8. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
4.9. Please notify us of any security breach or unauthorised use of your account.
4.10. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph five above.
5. Your Product placement
You agree:
5.1. not knowingly to place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
5.2. to make suitable arrangements for the delivery of each Product, including packaging and carriage, so that you can comply with the delivery terms you have given to us.
5.3. immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
5.4. not to re-place any Product we remove from offer for sale.
5.5. to follow the guidelines laid out in the BC CDC “Sale of Foods at Temporary Food Markets” http://www.bccdc.ca/resource-gallery/Documents/Guidelines%20and%20Forms/Guidelines%20and%20Manuals/EH/FPS/Food/Guidelines%20-%20Sale%20of%20Foods%20at%20Temporary%20Food%20Markets_current.pdf
6. Your account and personal information
6.1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
6.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
6.3. You agree to notify us of any changes in your information immediately.
6.4. We may terminate your account immediately and without notice to you if you fail to notify us of any such changes.
7. The selling procedure
7.1. You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider.
7.2. Deliveries of hard copy and physical Products will be made from your premises, by post or by a carrier instructed by you subject to the contract between you and your customer. In your contract with customer you should clearly specify the mode of delivery and expense involved.
7.3. In the absence of information to the contrary, you agree to despatch a Product within three days of notification of order by us, by a method likely to reach the buyer within a further seven days.
7.4. You will notify the customer by email on the date of sending, that the Product has been despatched and of the expected delivery date.
7.5. If at any time, any customer notifies you of non-delivery within the time scale offered by you on Our Website, you will investigate immediately and advise the customer of what you are doing to rectify the issue and when you expect to be able to deliver the Product.
7.6. If it is apparent that a customer has not received a Product within 5 days of the expected delivery date, you will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
7.7. Products may be offered for sale subject to any discount or promotion arranged between you and us.
7.8. Subject to discounts and promotions, Products are offered for sale at a fixed price, inclusive of GST/HST.
7.9. All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold an item, the delivery charge offered by you at the time of purchase cannot be increased.
7.10. You agree to provide an adequate stock of any Product placed by you for sale through Our Website and to tell us, through your control panel, if at any time your supply is exhausted. If that happens, you must also remove the Product from sale or mark it as unavailable.
7.11. You agree to comply with the requirements implied in the returns policy set out on Our Website.
8. Products returned
You agree that you will at all times:
8.1. reply promptly and in any event within 48 hours to any customer message or other correspondence;
8.2. comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions.
8.3. when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the returns & refunds policy set out on Our Website;
8.4. immediately tell your customer in the event that Products bought are not available.
8.5. comply with our procedures relating to satisfaction of an order, Products returned and payment, as set out on Our Website from time to time.
8.6. provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
9. Our Commission and payment to you
9.1. We sell your Product at the price you place on it, subject to these terms and to subject also the requirements we set out on Our Website from time to time.
9.2. Our Fees and Commission are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
9.3. Our Website selling system is an automated system which can be followed by you through a “control panel”.
9.4. The proportion of each sale receipt retained by us is as set out elsewhere on Our Website.
9.5. Where our Commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Product in order to reduce our Commission. If we believe that you do so, we may immediately cease to deal with you.
9.6. We will pay you within 30 days of confirmed despatch of order.
9.7. If you have a bank account located in Canada, we will transfer money via the Internet, in full.
9.8. If you do not have an account in Canada, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on Our Website.
9.9. We will send you an invoice for our charges.
9.10. If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
9.11. If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you.
9.12. If you or we accept any return from a customer and consequently refund his payment, we are not obliged to repay Commission to you.
9.13. If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
10. Advertising your Product
If you accept our offer to advertise market or promote your Product, the following conditions apply.
10.1. We may use the services of a specialist internet marketing business associated with us.
10.2. Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
10.3. The price charged to you will include all payments we make to others.
10.4. We give no guarantee as to the success of any advertising placed.
10.5. We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.
11. Your Product warranties
You warrant that:
11.1. any Product you place on Our Website for sale:
11.1.1 does not infringe the intellectual property rights of any person;
11.1.2 does not offend against the law of any country whose citizens might purchase it;
11.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through LocalSalt
11.2. you own the intellectual property rights in any Product you place on Our Website for sale, or that you have the permission of the copyright owner:
11.2.1 to place the Product on Our Website for sale;
11.2.2 to receive the net proceeds of such sales as arise;
11.2.3 to defend the copyright in the Product.
12. Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
12.1. any act, neglect or default of yours in connection with this agreement or with any Product of yours or with your use of our Services;
12.2. your breach of this agreement;
12.3. your failure to comply with any law;
12.4. any act, neglect or default by any agent, employee, licensee or customer of yours;
12.5. a contractual claim arising from your use of the Services
This indemnity shall include all costs reasonably incurred by us without the need to prove they were necessary.
13. Restrictions on what you may Post to Our Website
We invite you to contribute Content to Our Website in several ways, as for example to upload information and sales material to promote your products/services. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check Content Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content, upload Content or undertake any activity which is or may:
13.1. be unlawful, or tend to incite another person to commit a crime;
13.2. be obscene, offensive, threatening, violent, malicious or defamatory;
13.3. be sexually explicit or pornographic;
13.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
13.5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
13.6. intentionally mislead customers
14. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
14.1. hyperlinks, other than those specifically authorized by us;
14.2. keywords or words repeated, which are irrelevant to the Content Posted.
14.3. the name, logo or trademark of any organisation other than yours.
14.4. inaccurate, false, or misleading information;
14.5. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
15. Removal of offensive Content
15.1. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
15.2. If you are offended by any Content, the following procedure applies:
15.2.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
15.2.2 we shall remove the offending Content as soon as we are reasonably able;
15.2.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
15.2.4 we are free to either re-instate your content, or not, as we decide.
16. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
16.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
16.2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
16.3. download any part of Our Website, without our express written consent;
16.4. collect or use any product listings, descriptions, or prices;
16.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
16.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
16.7. hide or remove the banner advertisements on any page of Our Website;
16.8. share with a third party any login credentials to Our Website;
16.9. Despite the above terms, we now grant a licence to you to:
16.9.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
16.9.2 you may copy the text of any page for your personal use in connection with our business.
17. Storage of data
17.1. You agree that bandwidth and storage requirement shall not exceed the amount ordered by you.
17.2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
17.3. We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
18. Copyright and other intellectual property rights
18.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
18.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
18.3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
19. Disclaimers and limitation of liability
19.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
19.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
19.3. We make no representation or warranty that our Service will be:
19.3.1 useful to you;
19.3.2 of satisfactory quality;
19.3.3 fit for a particular purpose;
19.3.4 data-secure;
19.3.5 available or accessible, without interruption, or without error.
19.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
19.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
19.6. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
19.7. You acknowledge that our Service may also be interrupted for reasons beyond our control.
19.8. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
19.9. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
19.10. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
19.11. Our total liability under this agreement, however it arises, shall not exceed the sum of $ 10,000. This applies whether your case is based on contract, tort or any other basis in law.
19.12. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
19.13. If you become aware of any breach of any term of this agreement by any person, please tell us by e-mail. We welcome your input but do not guarantee to agree with your judgement.
19.14. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
20. Miscellaneous matters
20.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.4. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
| It shall be deemed to have been delivered: |
| if delivered by hand: on the day of delivery; |
| if sent by post to the correct address: within 72 hours of posting; |
20.5. In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
20.6. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
20.7. The validity, construction and performance of this agreement shall be governed by the laws of the Province of British Columbia and the parties agree that any dispute arising from it shall be litigated only in the Province of British Columbia.