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Terms and Conditions for Sellers of product through Chamber Market/Platform
These terms and conditions are the contract between Seller(“you”) and Alberta Chambers of Commerce. ("us", "we", etc). By visiting or using Chamber Market/Platform you agree to be bound by them.
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 no longer use our Website or App
We are Alberta Chambers of Commerce, incorporated under the Societies Act (Alberta), and our registered office is at 714 Ledgeview, 9707-110 Street, Edmonton, AB, T5K 2L9.
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"Commission" |
Means the commission you pay us, calculated as a |
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"Content" |
Means the textual, visual, or audio content that is |
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"Device" |
Includes any computer, device, work station, electronic application or electronic receiving device. |
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"Chamber |
Means the monthly membership subscription we charge for hosting you as a supplier to our site visitors. |
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"Chamber Membership" |
Means the option to apply for a chamber membership |
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"Our Website" |
Means any website or Service designed for electronic |
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"Post" |
Means place on or into Chamber Market/Platform any |
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"Product" |
Means any item offered for sale by you on Chamber |
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"Service" |
Means all of the services available from Chamber |
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 organization 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-organization involving that person.
2.4. the headings to the paragraphs and schedules (if any) to these terms and conditions are inserted for convenience only and do not affect their 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 these terms and conditions may be performed by any other person
2.7. all money sums mentioned in this agreement are calculated net of applicable sales taxes, which is to be charged when payment is due.
3.1. The relationship between us is solely that:
3.1.1 in consideration of the Chamber Market/Platform Membership charged by us, we provide you the ability to list and sell your products in our marketplace. There is an option to obtain a chamber membership which is a separate fee from the Chamber Market/Platform membership and is a transaction between you and the chamber.
3.1.2 we act as your facilitator solely in providing a platform for you to list products for sale and facilitate the transaction between you and your buyer.
3.1.3 we are not, partners or joint venturers.
3.2. If you place a Product for sale on Chamber Market/Platform you do so subject to these terms.
3.3. In consideration of the Membership and the Commission, we provide for you a marketplace accessible via Chamber Market/Platform. The amount of the Membership and the Commission are set out on Our Website and/or in your agreement with our payment processor. There is an option to obtain a chamber membership which is a separate fee from the Chamber Market/Platform membership and is a transaction between you and the chamber.
3.4. We may change these terms and conditions at any time. The version applicable is the version which was Posted on Our Website at the time that the contract was made.
3.5. In contracting with users of Chamber Market/Platform we make certain assumptions as to your compliance with the law and to the procedures set out on Chamber Market/Platform and named the "Service Level Commitment". You agree to comply. -[so far as your business model permits]- , with those procedures
3.6. Insofar as we provide points of guidance on Chamber Market/Platform, relating to product, packaging, 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 Chamber Market/Platform, we shall remove your Products from offer at our discretion if one or more customers or site visitors have a valid complaint against you, as determined by us, in our sole discretion, acting reasonably
3.8. Subject to these terms and conditions and to the procedures set out on Chamber Market/Platform you may enter a Product for sale through Chamber Market/Platform.
4.1. You represent and warrant to us that:
4.1.1 you have the authority to bind the person or organization named by you as the seller and licensor;
4.1.2 you own the copyright in all Content you may Post to Chamber Market/Platform or that you have the permission of the owner to use it and to grant this license to us.
4.1.3 you know of no lawful reason why any person should object to or claim for infringement,violation or misappropriation 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, license to display your Product in images and text in the public domain. With the right to sublicense the same. In doing so you understand and accept that we shall grant a sub-license to any person in any terms we may from time to time decide, to download your Product images or any other Content, to their Device.
4.3. We will use that license only for commercial purposes in reference to Chamber Market/Platform and will stop using it after a commercially reasonable period of time.
4.4. You agree to waive your right to be identified as the author of any Content that you Post and your right to object to be associated with your work (i.e. moral rights). If you are not comfortable waiving your moral rights, please do not Post any Content on the Platform.
4.5. By participating or using the Platform, you consent to our Publishing feedback, comments and ratings about your public domain activity through Chamber Market/Platform, without regard to the quality, accuracy or content of such posts.
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 unauthorized use of your account
4.10. We do solicit ideas or text for improvement of our Services. If you do send us material of any sort, you are deemed to have granted to us a license to use it in the terms set out at sub paragraph 4 above
You agree:
5.1. not knowingly to place any Product for sale which is not of merchantable quality.
5.2. make suitable arrangements for the packaging and labelling of each Product, and for it to be ready for pickup by the date and time indicated in the notification you receive from Chamber Market/Platform when orders are placed
5.3. immediately to remove or set inventory to zero on Chamber Market/Platform any Product which for any reason, you are unable to supply
5.4.4. to set and maintain accurate inventory numbers for all Products placed for sale on Chamber Market/Platform and to reserve that inventory for Chamber Market/Platform to prevent overselling.
5.5. not to re-place any Product we remove from Chamber Market/Platform.
6.1. When you visit Chamber Market/Platform, 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 unauthorized 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.
7.1. 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 the payment service provider
7.2. . Deliveries of Products will be made from your premises, by pick up, post or by a carrier.
7.3. In the absence of information to the contrary, you agree to package and label the Product before the date and time indicated in the notification to you from Chamber Market/Platform when an order is placed.
7.4. I If at any time an order is not ready for pickup by the scheduled time you will investigate immediately and advise Chamber Market/Platform of what you are doing to rectify the issue and when you expect to be able to have the Product ready for pickup. If Chamber Market/Platform is not notified prior to the scheduled pick up time you will be responsible for the delivery costs of the failed pick up.
7.5. Any order pickup issues you will investigate immediately and advise Chamber Market/Platform of what you are doing to rectify the issue and when you expect to be able to have the Product ready for pickup.
7.6. Products may be offered for sale subject to any discount or promotion arranged between you and us.
7.7. Subject to discounts and promotions, Products are offered for sale at a fixed price. Applicable sales tax may be due and will be separately shown during the pay point. If not shown, it will not be charged
7.8 All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by Chamber Market/Platform according to our current shipping rates for the region
7.9. You agree to comply with the requirements implied in the returns policy set out on Chamber Market/Platform
8.1. 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 Chamber Market/Platform from time to time
8.2. . Our processing fees are payable on demand. You irrevocably authorize us to include these in the sums deducted from your orders, at the rate indicated in your agreement with the payment processing provider.
8.3. Chamber Market/Platform selling system is an automated system which can be followed by you through your "manage business" page in Chamber Market/Platform.
If you accept our offer to advertise, market, or promote your Product, the following conditions apply.
9.1. We may use the services of a specialist internet marketing business associated with us.
9.2. The price charged to you will include any and all payments we make to others.
9.3. We give no guarantee as to the success of any advertising placed.
You warrant that:
10.1. any Product you place on Chamber Market/Platform for sale:
10.1.1 does not violate, infringe or misappropriate the intellectual property rights of any person;;
10.1.2 does not offend against the law of any country whose citizens might purchase it;
10.1.3 is not intended primarily to advertise any business, except your business
10.2. you own the intellectual property rights in and to any Product you place on Chamber Market/Platform for sale, or that you have the permission of the copyright owner
10.2.1 to place the Product on Chamber Market/Platform for sale;
10.2.2 to receive the net proceeds of such sales as arise;
10.2.3 to defend the copyright in the Product.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
11.1. 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;
11.2. your breach of this agreement;
11.3. your failure to comply with any law;
11.4. any act, neglect or default by any agent, employee, licensee or customer of yours;
11.5. a contractual claim arising from your use of the Services
This indemnity shall include all costs reasonably incurred by us.
We invite you to contribute Content to Chamber Market/Platform in several ways, as for example to upload information and sales material to promote your products/services. We have to regulate your use of Chamber Market/Platform to protect our business and our staff, to protect other users of Chamber Market/Platform and to comply with the law. These provisions apply to all users of Chamber Market/Platform
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 Chamber Market/Platform to Post Content, upload Content or undertake any activity which is or may:
12.1. be unlawful, or tend to incite another person to commit a crime;
12.2. be obscene, offensive, threatening, violent, malicious or defamatory;
12.3. be sexually explicit or pornographic;
12.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
12.5. use a Posting to solicit responses unconnected with the purpose of DirectFood.store or the terms proposed by this agreement.
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:
13.1. hyperlinks, other than those specifically authorized by us;
13.2. keywords or words repeated, which are irrelevant to the Content Posted.
13.3. the name, logo or trademark of any organisation other than yours.
13.4. inaccurate, false, or misleading information;
13.5. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 21 years old.
14.1. 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.
14.2. If you are offended by any Content, the following procedure applies:
14.2.1 Your claim or complaint must be submitted to us in the form available on Chamber Market/Platform or contain the same information as that requested in our form. It must be sent to us by post or email
14.2.2 we shall remove the offending Content as soon as we are reasonably able;
14.2.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
14.2.4 we are free to either re-instate your content, or not, as we decide, in our sole discretion, acting reasonably.
If you violate Chamber Market/Platform we shall take legal action against you
You now agree that you will not, and will not allow any other person to:
15.1. modify, copy, or cause damage or unintended effect to any portion of Chamber Market/Platform, or any software used within it.
15.2. 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;
15.3. save a copy of any part of Chamber Market/Platform other than to use it for its intended purpose on your Device, without our express written consent;
15.4. collect or use any product listings, descriptions, or prices;
15.5. collect or use any information obtained from or about Chamber Market/Platform or the Content except as intended by these terms and conditions;
15.6. aggregate, copy or duplicate in any manner any of the Content or information available from Chamber Market/Platform, other than as permitted by these terms and conditions or as is reasonably necessary for your use of the Services;
15.7. hide or remove the banner advertisements on any page of Chamber Market/Platform;
15.8. share with a third party any login credentials to Chamber Market/Platform;
15.9. Despite the above terms, we now grant a license to you to:
15.9.1 create a hyperlink to Chamber Market/Platform for the purpose of promoting an interest common to both of us. You can do this without specific permission. This license 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.
15.9.2 you may copy the text of any page for your personal use in connection with our business.
16.1. All Content on Chamber Market/Platform, 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.
16.2. 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 these terms and conditions or with our written consent.
16.3. 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.
17.1. The law differs from one jurisdiction to another. This paragraph applies so far as the applicable law allows.
17.2. Except as set forth herein, there are no implied conditions, warranties or terms. 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.
17.3. We make no representation or warranty that our Service will be:
17.3.1 useful to you;
17.3.2 of satisfactory quality;
17.3.3 fit for a particular purpose;
17.3.4 data-secure;
17.3.5 available or accessible, without interruption, or without error.
17.4. 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 Chamber Market/Platform.
17.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Chamber Market/Platform, 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.
17.6. We will do all we can to maintain access to Chamber Market/Platform, 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.
17.7. You acknowledge that our Service may also be interrupted for reasons beyond our control.
17.8. 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.
17.9. 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.
17.10. Chamber Market/Platform 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.
17.11. Our total liability under these terms and conditions, however it arises, shall not exceed the sum of $100. This applies whether your case is based on contract, tort, or any other basis in law.
17.12. 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.
17.13. If you become aware of any breach of any term of these terms and conditions by any person, please tell us by e-mail at [email protected]. We welcome your input but do not guarantee to agree with your judgement.
17.14. Nothing in these terms and conditions shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
18.1. If any term or provision of these terms and conditions 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 these terms and conditions 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. 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.
18.6. The validity, construction and performance of this agreement shall be governed by the laws of the Province of Alberta, Canada and the parties agree that any dispute arising from it shall be litigated only in the Province of Alberta, Canada, and the proceedings will be conducted in English
1.1. The buyer and Seller expressly release us from all claims and liability known and unknown, arising in any way from a dispute between the Seller and a buyer.
1.2. In the event of a dispute between us, the Seller will attempt to settle the dispute by engaging in good faith in a process of mediation before commencing arbitration or
litigation.
1.3. Although we are not a party to the contract between the Seller and the buyer introduced via ChamberMarket.ca, we shall remove Products from offer at our discretion if one or more customers or site visitors have a valid complaint against you, as determined by us in our sole discretion, acting reasonably.
1.4. We are under no obligation to monitor or record the activity of any buyer or seller 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.
2.1. A customer’s first step should be to reach out to the Seller to resolve an issue. The Seller can replace or refund the customer directly if needed. If no resolution is reached by
attempting to contact the Seller, the customer can file a formal complaint via the form on Chamber Market.