Terms and Conditions

Term and Conditions

By using CalgaryOnlineMarketplace.ca services, you are agreeing to these term and conditions. Please read them carefully.

OVERVIEW

Alberta Ltd operates this website. Throughout the site, the terms “we,” “us” and “our” are in reference to Alberta Ltd. Alberta Ltd offers this website, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. For this term, we chose Calgary, Alberta, Canada as a legal address.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to adhere to the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced here and/or available through the hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that we add to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you are stating that you are at least above legal age in your province or state of residence, or that you are above legal age in your country of residence. Otherwise, you may only use our Services under the supervision of a parent or legal guardian. You are assuming that you are the exclusively responsible for your account and its use, keeping secret your password, fulfilling your commitments with your buyers, or with any federal or local government and with our company, and for maintaining your account in good health.

You may not use our online marketplace, or our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws, in your jurisdiction including but not limited to copyright and trademark laws, controversial material, human and animal trafficking including organs and inappropriate services, inappropriate post, content or photographic, drugs, including medical drugs, drugs paraphernalia, alcohol or tobacco, ideological content against other cultures or groups of people of any kind, hazardous materials, any kind of weapons, sexual toys or sexual materials, pornography, toys that harm kids spiritual, physical and mentally, second hand items without express specification to the buyer, recalled items or items with problems or defects that can cause serious injuries of any type to people, false advertising of any kind, any illegal or false human I.D.’s or immigration papers services, any kind of extortion, private information, any kind of scammer or fraudulent transaction, any kind of stolen items, among others prohibited by the country law and regulations or by the local authorities law and regulations or violated the concept of appropriated age, conduct, and or behavior in a healthy society.

You may not use our online marketplace, or our products to capture our customers and redirect them to illegal or suspect websites to extract private information or commit any crime.

You agree that you must not transmit any worms or viruses or any code of a destructive nature.

That you as a Vendor are responsible for your actions, products offered by your account, business or store, report and pay all the taxes or any expenses caused by your business regular operation, like custom clearance, as well as any expenses incurred or paid by your business for any activity derived from the commercial activity on our website, or any kind of legal charges for your content, photographs, products on sale, returns, stock, shipping, permits, licenses, and any kind of charge directly imputed into your business, and or services or products that you are providing or selling.

By agreeing to these terms and conditions you are committed to us as a Vendor to respond in a timely manner to your customer orders, as well as honoring your promotions, and the quality of the products or services that you show or promote on our website, to resolve any dispute with our customers in a friendly manner; this releases us from any problems that arise directly from your business or your account, inside or outside of our legal competency. You as a Calgary Online Marketplace Vendor agree to never fool your customers with false information, pictures, messages or promotions that you are not able to satisfy. Therefore, under any pretense, you can not use any problems associated with our customers, or employees for discrete use against us, through any medium, including social media.

By using our website as a shopping platform, you as a Vendor agree to compensate us with 6 percent (3 percent charge by Paypal+3 percent charge by Calgary Online Marketplace) each effective sale made through our website. At this moment, we are not requesting any payment or affiliation membership amounts, for that reason we limit all of your postings for one {1} , month, we do not keep any photos, or product information in our database after one month, we encourage you to renew your post, products or information using the site’s resources in an effective and efficient manner, for example, do not post more than two pictures for each item or we are not responsible for taking away comment, photography, information or any material that exceeds our limitations.

That you as a Buyer are responsible for honoring your commitment, and you are responsible for your information and decisions. We are not responsible for any bad decision or claims that you have made with any of our vendors. For your safety, we encourage you to follow common sense rules, and please alert us to any abuse or problem that you have with any of our associates. Therefore, under any concept, you can not use any problem with our associates, customers, or employees for discrete use against us, through any medium, including social media.

A breach or violation of any of the terms will result in an immediate termination of the services provided under this agreement, fines can reach $1000, and legal prosecution may be taken by local authorities if warranted it.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred in an un-encrypted form and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information does remain secure and encrypted during transfers over the network.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without written permission from us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for any information made available on this site or whether it is accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Price for our products is subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We make every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display or any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Due to the imperfections of the virtual environment, we do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

As a shopping platform, we are not responsible for any service, an agreement signed with our associates, vendors or third party affiliated or not with our service.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time that the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

SECTION 8 – THIRD-PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your risk and discretion, and you should ensure that you are familiar with and approve of the terms by which these tools are made available by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites unaffiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products will not go through us.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish,

distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION – PRIVACY

Our Privacy Policy governs your submission of personal information through the store. Please, refer to our “Customer Service” menu to read our Privacy Policy and use of Cookies.

Electronic Communications

When you access to CalgaryOnlineMarketplace and surfing through our website, or you communicated electronically with us (e-mails, text messages, post, Tweeter, What app, Facebook post, reviews, among others) through any device. You consent us to communicated electronically with you. Understanding that electronically communication will be done in a variety of ways, and satisfy any legal requirement that such communications be in writing.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information on the Service or any related website having undergone modifications or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that you acquire from the utilization of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Alberta Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential

damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Alberta Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease use to our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at

any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be used against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in agreement with the laws of your place of residence.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service shall be sent to us at customerservices@calgaryonlynemarketplace.ca