Terms & Conditions
Please read these terms and conditions carefully (the “Terms”). If you use the website (including mobile websites), applications, or other services on which these Terms appear, that means you understand and accept these Terms. These Terms may change from time to time. If Informa Canada, Inc. (“Informa Canada”) make changes, we will let you know by posting the changes on our website.
These Terms and any other legal terms found elsewhere on this website are the entire agreement between you and Informa Canada with respect to your use of our website. These Terms and other legal terms on our site supersede any and all other understandings or agreements, written or oral, regarding your use of our website.
From time to time we may update these Terms. Your use of the Online Shop after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Informa Canada may, in its sole discretion, and at any time, discontinue the Online Shop or any part thereof, with or without notice, or may prevent your use of the Online Shop with or without notice to you. You agree that you do not have any rights in the Online Shop and that Informa Canada will have no liability to you if the Online Shop is discontinued or your ability to access this Site or any content you may have posted on the Online Shop is terminated.
THIS ONLINE SHOP IS A MARKETPLACE
The Online Shop acts as a venue to allow users who comply with Informa Canada's policies to offer, sell and buy certain goods within a fixed-price format. Informa Canada is not directly involved in the transaction between buyers and sellers. As a result, Informa has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. While Informa Canada does engage in some limited evaluation of the products marketed in herein for their overall suitability to the One of a Kind brand, Informa Canada does not pre-screen users or the content or information provided by users. In addition Informa Canada does not engage in any safety, performance or quality control testing in connection with its aesthetic review of the products sold herein. Informa Canada cannot ensure that a buyer or seller will actually complete a transaction. Nor can Informa Canada make any promises, warranties or guarantees that the products are safe, perform as advertised or will be received as described. Consequently, by participating in this marketplace you understand that Informa Canada does not transfer legal ownership of items from the seller to the buyer.
Informa cannot guarantee the true identity, age, and nationality of a user. Informa Canada encourages you to communicate directly with potential transaction partners through the tools available on the Online Shop. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Online Shop is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Online Shop. You use the Informa Canada websites and services thereon at your own risk.
Age: Informa Canada’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Informa Canada may, in its sole discretion, refuse to offer access to or use of the Online Shop to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Online Shop is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Informa Canada's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Informa Canada’s policies as stated in the Agreement and the IP policy as well as all other operating rules, policies and procedures that may be published from time to time on the Online Shop by Informa Canada, each of which is incorporated herein by reference and each of which may be updated by Informa Canada from time to time without notice to you.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Informa Canada of any unauthorized use of your password or any breach of security. You also agree that Informa Canada cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Informa Canada without Informa Canada's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on the website you must provide and maintain a valid PayPal account.
Account Transfer: You may not transfer or sell your online account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Informa Canada reserves the right, in Informa Canada's sole discretion, to cancel unconfirmed or inactive accounts. Informa Canada also reserves the right to refuse service to anyone, for any reason, at any time.
NO WARRANTY; LIMITATION OF LIABILITY
INFORMA CANADA HEREBY NOTIFIES YOU THAT THIS ONLINE SHOP IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPBLICABLE LAW, INFORMA CANADA DISCLAIMS ANY WARRANTY OF ANY KIND, WHEATHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER CONTAINED ON OR RELATING TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. INFORMA CANADA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTAIL DAMAGES OR INGURIES CAUSED BY USE OR INABILITY TO USE THIS ONLINE SHOP OR ANY FEATURE ON THIS ONLINE SHOP (SUCH AS VIRUSES, OMISSIONS, MISSTATEMENTS, MISTAKES, INTERRUPTIONS, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND INFORMA CANADA’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHRORIZED ACCESS TO THIS ONLINE SHOP’S RECORDS, PROGRAMS, OR SERVICES.) In no event shall Informa Canada’s total liability for all damages, losses, and causes of action exceed five dollars ($5.00).
You understand that any reliance on the Online Shop or any Content (as hereinafter defined) is at your own risk. We make no representations regarding the amount of time that any Content will be preserved, including any User Content (as hereafter defined). Informa Canada may from time to time revise the information, services and the resources contained in the Online Shop. Informa Canada reserves the right to make changes without any obligation to notify past, current or prospective visitors. In no event shall Informa Canada be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein. You understand that we may, in our sole discretion and at any time, discontinue this Online Shop or any part thereof, with or without notice. You agree that you do not have any rights in this Online Shop, and that we will have no liability to you if this Online Shop is discontinued or your ability to access it is terminated.
TRADEMARK AND COPYRIGHT OWNERSHIP
The content, arrangement and layout of the Online Shop, including, but not limited to, the trademarks, service marks, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing that appear on or are incorporated into the Online Shop (“Content”) are property of Informa Canada, its licensors, or are used subject to fair use provisions of the law, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displaying, distributing, or transmitted without the express written permission of Informa Canada.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Online Shop, or trademarks, service marks, or trade dress found within the Online Shop may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues. By visiting the Online Shop, the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Online Shop. By visiting the Online Shop, you agree not to display or use any Content or third party content located on the Online Shop in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Informa Canada and/or it’s licensors, that dilutes the strength of Informa Canada or it’s licensors’ property, or that otherwise infringes Informa Canada or its licensors’ intellectual property rights.
Informa Canada understands that from time to time you may wish to use the Informa Canada marks, and hereby grants you this limited license to use Informa Canada marks subject to the following terms:
- You many make fair use of Informa Canada’s marks. Informa Canada supports free speech and you do not need permission to make legitimate commentary about Informa Canada, the company, or Informa Canada’s services.
- You must distinguish the Informa Canada marks from surrounding text by, for example, capitalizing the first letter of the Informa Canada marks.
- You must spell the Informa Canada marks properly.
- You may not incorporate the Informa Canada marks or a confusingly similar mark into, for example, the name of your business, organization, non-profit organization, event, or trademark.
- You may not remove, alter, distort or modify the Informa Canada marks, including adding other terms to the Informa Canada marks to create new words.
- You may not use the Informa Canada marks or a confusingly similar mark in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by Informa Canada, Inc. or that can be reasonably interpreted to suggest information comes from, or represents the views or opinions of Informa Canada, Inc. or an Informa Canada employee.
- You many not, without prior permission, use the Informa Canada marks in the name of your product or service, or otherwise in your product.
- You many not use any trademarks, service marks, trade dress, designs or logos that are confusingly similar to Informa Canada marks or the look and feel of the Informa Canada website.
- You may not use the Informa Canada marks in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation.
- You may not use the Informa Canada marks in a manner that is in Informa Canada’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, tarnishing, obscene or otherwise objectionable to Informa Canada.
You agree that if you violate this prohibition, we will pursue all of our legal remedies. You will be responsible for any losses or fees that Informa Canada may incur because of your violation. Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Online Shop, or trademarks, service marks, or trade dress found within the Online Shop may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
This Online Shop may also contain trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. If a third party makes a claim or initiates suit against Informa Canada due to your use of these other marks without the permission of the proper party, you agree to indemnify and hold Informa Canada harmless from such claim or suit.
If you are a trademark or copyright owner and you believe that your rights have been violated, please submit your Proprietary Rights Complaint Form, and any questions you might have, to our designated agent: email@example.com. Our designated agent will respond only to these trademark or copyright issues.
On certain areas of our Online Shop, users can create accounts and post material, communicate with each other, and network with third parties (for example, in the marketplace). We may also permit certain users and third parties to sell materials and services through our Online Shop.
You understand and agree that third party postings, including items offered for sale on this Online Shop, are created by and sold by the third parties, that Informa Canada is not directly involved in the transaction between buyer and seller, and that Informa Canada has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Informa Canada does not pre-screen users for the content or information provided by users, and cannot ensure that a buyer or seller will actually complete a transaction expressively disclaims all liability for your use or purchase of these items. Informa Canada cannot guarantee the true identity, age, and nationality of a user. Informa Canada encourages you to communicate directly with potential transaction partners through the tools available on the Online Shop. You many also wish to consider using a third-party escrow service or services that provide additional user verification.
By creating an account or agreeing to work with us via this website and using these interactive features you are governed by and subject to the post rules (“Posting Rules”), below.
We may terminate your account or refuse to work with you further if we believe you violated the Posting Rules, these Terms, or any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). We may monitor any and all messages, postings, or other content sent to the Online Shop or items sold through this Online Shop. We may remove or refuse to post anything that we believe violates the Posting Rules, the Terms, the law, or is otherwise inappropriate. Informa Canada does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Online Shop.
USER CONTENT LICENSE
You hereby grant Informa Canada a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in your User Content, in any media now known or not currently known. You agree to allow Informa Canada to store or re-format your User Content on this Online Shop and display your User Content on this Online Shop in any way we choose.
By posting User Content on Informa Canada, it is possible for an outside website or third party to re-post that Content. You agree to hold Informa Canada harmless for any disputes concerning this use. If you choose to display your own Informa Canada-hosted image on another website, the image must provide a link back to its listing page on Informa Canada.
SPECIFIC TERMS FOR SELLING ON INFORMA CANADA SITES
By listing an item on the Online Shop you warrant that you and the item comply with Informa Canada’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Informa Canada shop. Your listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be prepared and delivered in a manner that is consistent with the items description, taking into consideration that such items are handmade will have slight variation. Each unique item must have its own listing.
All sales are binding. The seller must ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identify. The buyer must deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. If applicable, Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Informa Canada transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Prohibited, Questionable and Infringing Items and Activities
Notwithstanding anything else contained in the Intellectual Property Policy, you are solely responsible for your conduct and activities related to the Online Shop and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Online Shop.
Restricted Activities: Your Content and your use of the Online Shop shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Informa Canada's Copyright and Intellectual Property Policy)
- Violate any Online Shop policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by any applicable government agency as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Informa Canada staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a seller’s business or shop
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack the Online Shop or modify another website so as to falsely imply that it is associated with the Online Shop;
- Appear to create liability for the Informa Canada or cause Informa Canda to lose (in whole or in part) the services of Informa Canada's ISPs or other suppliers
COMMUNICATING WITH INFORMA CANADA
You understand that we will not treat any materials, ideas or other communications you transmit to us as confidential or proprietary. You agree that we may use anything you send to Informa Canada anywhere, anytime, and for any reason whatsoever. If, at Informa Canada’s request, you send User Content to improve the Online Shop (for example through the forums or to customer support), Informa Canada will also consider that User Content to be non-confidential and non-proprietary and Informa Canada will not be liable for use or disclosure of the User Content. All of your communications with Informa are subject to this Agreement. You acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like (the “Material”). With respect to the Material you acknowledge that: (a) Informa Canada receives numerous submissions from many parties and/or may have independently developed and/or considered similar Material and that Informa Canada’s review of the Material is not an admission of novelty, priority or originality; and (b) Informa Canada’s use of any similar Material whether based on your User Content, provided to Informa Canada by third parties, or independently developed or considered by Informa Canada, shall be without obligation to you.
RELEASE AND INDEMNIFICATION
Informa Canada does not control the User Content provided by users on Informa Canada. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. You agree that Informa Canada (and Informa Canada’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on this Online Shop. Please use caution, common sense, and practice safe buying and selling when using this Online Shop.
Should you have a dispute with one or more users, or an outside party, you release Informa Canada (and Informa Canada’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Informa Canada encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You agree to indemnify and hold Informa Canada, our parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorney fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of Postings you submitted, posted, or otherwise provided to us.
HYPER-LINKS TO THIRD PARTY SITES
OUR ONLINE SHOP AND CHILDREN
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding you ruse of the Online Shop and any of our services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you are responsible for paying any taxes applicable to any purchases or sales of items you make on the Online Shop (excluding any taxes on Informa Canada’s net income).
Both you and Informa Canada acknowledge and agree that no partnership is formed. Neither you nor Informa Canada has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the laws of Ontario.
If any provision of these Terms are held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.