LOOK LOCAL MARKETPLACE TERMS AND CONDITIONS OF USE

Welcome to the Look Local Marketplace.

Look Local Marketplace offers a centralized marketplace allowing purchasers in a community to shop local and discover small businesses in a region.

Being able to shop multiple small businesses in one place, and checkout with one transaction, makes shopping local easy.

These terms and conditions of use apply to all visitors to our website at www.looklocal.ca  (the “Site”) as well as all users of our Look Local Marketplace services, whether you are a vendor (“Vendor”) or purchaser.

When a purchaser buys products or services at a Vendor’s virtual store in the Marketplace (each a “Store”) that purchaser is entering into a purchase agreement with the Vendor (each a “Vendor Agreement”) and is purchasing directly from the Vendor, not from Look Local Marketplace.

Each Vendor may have its own terms and conditions for the purchase and delivery of products or services from its Store through the use of the Marketplace (the “Vendor Terms”).  Look Local Marketplace does not endorse any Vendor and makes no representations or warranties about any Vendor or its products or services.

ACCEPTANCE OF THE MARKETPLACE TERMS AND CONDITIONS OF USE

These terms and conditions of use constitute a legal agreement and are entered into by and between you and Look Local Marketplace (“we,” “us,” “our”).

These terms and conditions (“Terms and Conditions”) govern your access to and use of our Site, including any content, functionality and services offered by us on or through our Site (such content, services and the site are collectively referred to as the “Marketplace”).

By using the marketplace, you accept and agree to be bound and comply with these terms and conditions and our privacy policy, found at www.looklocal.ca/privacy.

By making a purchase from a vendor store on the marketplace, a purchaser and the applicable vendor accept and agree to be bound and comply with the vendor agreement entered into by and between them.

Look Local has no control over the contents of a vendor store, the vendor terms or the vendor agreement and accepts no responsibility for the vendor’s products or services or for any loss or damage that may arise from any of them.

By using the Marketplace, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Look Local Marketplace and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Marketplace.

You affirm that if you place a purchase order, or open a Vendor Store, on behalf of an organization or company, you have the legal authority to bind such organization or company to these terms and conditions.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE MARKETPLACE 

We may update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Marketplace. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the Marketplace may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Marketplace is restricted to users or unavailable at any time or for any period.

ORDER ACCEPTANCE AND CANCELLATION

If a purchaser orders a product or service from a Vendor in the Marketplace, the purchaser agrees that the order is an offer made to the Vendor to buy the product or service from the Vendor.

Look Local Marketplace will accept payment for orders from purchasers, including any applicable shipping and insurance charges and any applicable sales tax, and will immediately remit full payment to the Vendor less any applicable sales commission agreed to by the Vendor and Look Local Marketplace, and less any applicable credit card processing fee.

Orders are accepted by the Vendor in the Vendor’s sole discretion.

Should the Vendor refuse to accept the purchase offer made by the purchaser, Look Local Marketplace will promptly refund the full payment made by the purchaser to the purchaser.

TERMS OF PAYMENT

Terms of payment are within our sole discretion and payment must be received by us before a Vendor can accept an order.

We accept approved credit cards and other payment methods indicated during checkout for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Marketplace at the time of your order.

SHIPMENTS AND DELIVERY

Terms of shipment and delivery are determined by a Vendor and form a part of the Vendor Terms and are not the responsibility of Look Local Marketplace.

Subject to any express Vendor Terms to the contrary, shipping and delivery dates are estimates only and cannot be guaranteed. Look Local Marketplace is not liable for any delays in shipments or losses of shipments.

RETURNS AND REFUNDS

Any returns or refunds and all shipping and handling polices for returns or refunds are subject to the Vendor Terms and must be made directly with the Vendor.  Look Local Marketplace will not accept any products that are returned to it.

WARRANTIES AND DISCLAIMERS

Look Local Marketplace does not manufacture, control, distribute or sell any of the products or services offered in the marketplace.

The availability of products or services offered by Vendors through the Marketplace does not indicate an affiliation with or endorsement by Look Local Marketplace of any product, service or Vendor.

Look Local Marketplace does not provide any conditions or warranties with respect to the products or services offered in the Marketplace.

Any manufacturer’s warranty or Vendor warranty regarding products or services purchased on the Marketplace are covered by the manufacturer or Vendor warranty, if any, and may or may not be detailed in the Vendor Store.  If no product or service warranty information is detailed in the Vendor Store, then it is the purchaser’s obligation to inquire about the terms of such warranty, and any return or refund policies from the Vendor.

All products and services offered on this site are provided “as is” without any warranty or condition whatsoever by look local, including, without limitation, any warranty or condition: (a) of merchantability; (b) of fitness for a particular purpose; or (c) against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. You affirm that Look Local shall not be responsible if products or services do not match the description provided on a vendor site, if an incorrect product or service was delivered, or if incorrect quantities are delivered. You affirm that Look Local shall not be liable, under any circumstances, for any breach of warranty or condition claims or for any damages arising out of a manufacturer’s or vendor’s failure to honour its warranty.

YOUR USE OF THE MARKETPLACE AND ACCOUNT SET-UP AND SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Marketplace. Users are required to ensure that all persons who access the Marketplace through a user’s internet connection are aware of these Terms and

Conditions and comply with them. The Marketplace, including content or areas of the Marketplace, may require user registration. It is a condition of your use of the Marketplace that all the information you provide on the Marketplace is correct, current, and complete.

Transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Marketplace. Any transmission of personal information is at your own risk.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity.

Should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Marketplace or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

The Marketplace and its entire contents, features, and functionality, including, but not limited to, all information, text, displays, graphics, images, audio, design, presentation, selection, and arrangement, are owned by Look Local Marketplace, Vendors, their licensors, or other providers of such material and are protected by intellectual property laws including without limitation, copyright, trademark and other proprietary rights.

Purchasers may only use the Marketplace for their own personal and non-commercial use.

You may not reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Marketplace, in any form or medium whatsoever except as expressly contemplated by the Site.

CONDITIONS OF USE AND CONTENT AND SITE CONTENT STANDARDS

As a condition of your access and use, you agree that you may use the Marketplace only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all product or service descriptions that are uploaded to the Marketplace by Vendors and to any other content, material, and information that any user submits, posts, publishes, displays or transmits (collectively, “submits”) to the Marketplace, to other users or other persons (collectively, “Content”).

Any and all Content must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

You will not violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).

You will not violate the terms of use of any third-party website that is linked to the Marketplace, including but not limited to, any third-party social media website.

You will not provide any Content that contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Look Local Marketplace’s sole discretion.

You will not provide any Content that involve, provide, or contribute any false, inaccurate, or misleading information.

You will not impersonate or attempt to impersonate Look Local Marketplace, a Look Local Marketplace employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

You will not encourage any conduct that restricts or inhibits anyone’s use or enjoyment of the Marketplace, or which, as determined by us, may harm Look Local Marketplace or users of the Marketplace or expose them to liability.

GRANT OF LICENCE TO CONTENT

Any Content you submit to the Marketplace will not be subject to any confidentiality by Look Local Marketplace. By providing Content to the Marketplace, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and to incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any Content.

By submitting the Content, you declare and warrant that you own or have the necessary rights to submit the Content and have the right to grant the licence.

We are not responsible or legally liable to any third party for the content or accuracy of any Content submitted by you or any other user of the Marketplace.

SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION

Look Local Marketplace has the right, without provision of notice to remove or refuse to post on the Marketplace any Content for any or no reason in our sole discretion and to take such actions with respect to any Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating any Marketplace site content standards or these Terms and Conditions.

Look Local Marketplace has the right to terminate or suspend your access to all or part of the Marketplace for any or no reason, including, without limitation, any violation of these Terms and Conditions.

You release and hold harmless Look Local and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any such action taken by Look Local and any of the foregoing parties relating to any investigations by either Look Local or such parties or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Marketplace or its use, and do not and cannot undertake to review material that you or other users submit to the Marketplace. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

NO RELIANCE 

We make no representations, warranties, or guarantees, whether express or implied, that the content on our Marketplace, including in any Vendor Store, is accurate, complete, or up to date. Your use of the Marketplace is at your own risk and neither Look Local Marketplace nor its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever for your use of the Marketplace.

All product or service statements or opinions expressed by a Vendor or any other person in the Marketplace are solely the opinions and the responsibility of the person or entity providing those materials. Neither Look Local Marketplace nor its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any Vendor or other third-party materials.

PRIVACY 

By submitting your personal information and using our Marketplace, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at www.looklocal.ca/privacy , as we deem necessary for use of the Marketplace.

If you are a Vendor you confirm and agree that any personal information received by you from a purchaser or from Look Local Marketplace will only be collected, used, reproduced, stored and disclosed in strict compliance with the terms of the Privacy Policy.

By using the Marketplace you are consenting to the use of cookies which allow a server to recall previous requests or registration or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Marketplace may not function adequately.

VENDOR STORES AND THIRD PARTY WEBSITES

We make no representations about any of the Content provided by any Vendor on its Store or about any other websites that may be accessed from the Marketplace. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such thirdparty sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

GEOGRAPHIC RESTRICTIONS

Look Local Marketplace is based in the Province of Ontario in Canada. We provide the Marketplace for use only by persons located in Canada. The Marketplace is not intended for use in any jurisdiction where its use is not permitted. If you access the Marketplace from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

DISCLAIMER OF WARRANTIES

You understand and agree that your use of the marketplace, including its content, and any services or items found or attained through the marketplace, is at your own risk. the marketplace, its content, and any services or items found or attained through the marketplace are provided on an “as is” and “as available” basis, without any warranties or conditions by Look Local of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither Look Local nor its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the marketplace or its contents. Without limiting the foregoing, neither look local nor its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the marketplace, its content, or any services or items found or attained through the marketplace will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the marketplace will be free of viruses or other destructive code. you are solely and entirely responsible for your use of the marketplace and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the marketplace or any services or items found or attained through the marketplace or to your downloading of any material posted on it, or on any marketplace linked to it.

LIMITATION OF LIABILITY

Except where such exclusions are prohibited by law, under no circumstance will look local nor its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the marketplace, any shops, linked websites or such other third-party websites, nor any marketplace content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.

GOVERNING LAW AND CHOICE OF FORUM

The Marketplace and these terms of use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Canada, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

These terms of use require the use of arbitration to resolve disputes, rather than recourse to the judicial system.  However, should any action or proceeding arising out of or relating to the Marketplace or these Terms and Conditions be commenced, it will be instituted in the courts of the Province of Ontario or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

ARBITRATION

Any claim or dispute arising out of or in connection with the Marketplace or these terms of use shall be submitted by the parties to binding arbitration pursuant to the Arbitration Act, 1991 (Ontario). The party requesting such arbitration shall do so by written notice to the other party. Each party shall bear its own costs relating to the arbitration and the parties shall equally share the fees of the arbitrator(s). The arbitration shall take place in Toronto, Ontario, Canada, before a single arbitrator to be chosen jointly by the parties. If the parties cannot agree on the choice of arbitrator within 30 days of written notice to submit to arbitration, then the parties shall each choose an arbitrator who in turn will select a third. The arbitrator will have the authority to award any remedy or relief that a court or judge of the Ontario Superior Court of Justice (or any court that is the successor thereto) could order or grant in accordance with this Agreement, including specific performance of any obligation created under this Agreement, the issuance of an interim, interlocutory or permanent injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. The decision of the arbitrator shall be final and binding on the parties and not subject to appeal.

WAIVER 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

SEVERABILITY

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

The Terms and Conditions and our Privacy Policy (and in the case of vendors, the Vendor or

Membership Commitment Form) constitute the sole and entire agreement between you and LOOK LOCAL MARKETPLACE regarding the Marketplace and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

REPORTING AND CONTACT

This website is operated by Look Local Marketplace located at 1464 Cornwall Road, Unit #8, Oakville, Ontario, L6J 7W5.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Look Local Marketplace at info@looklocal.ca .

All other feedback, comments, requests for technical support, and other communications relating to the Marketplace should be directed to info@looklocal.ca .

September 24, 2020