myLocalism.ca Conditions of Use
Last updated: September 23, 2021
Welcome to www.myLocalism.ca. myLocalism Inc., and/or its affiliates ("myLocalism.ca") provide Web site features and other products and services to you when you visit or shop at myLocalism.ca, use myLocalism.ca products or services, use myLocalism.ca applications for mobile, or use software provided by myLocalism.ca in connection with any of the foregoing (collectively, "myLocalism.ca Services"). myLocalism.ca provides the myLocalism.ca Services subject to the following conditions.
By using myLocalism.ca Services, you agree to these conditions. Please read them carefully.
We offer a wide range of myLocalism.ca Services, and sometimes additional terms may apply. When you use a myLocalism.ca Service, you will also be subject to the guidelines, terms and agreements applicable to that myLocalism.ca Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. We offer a wide range of myLocalism.ca Services, and sometimes additional terms may apply. When you use an myLocalism.ca Service (for example, Your Profile, Gift Cards), you will also be subject to the guidelines, terms and agreements applicable to that myLocalism.ca Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of the myLocalism.ca Services, to understand our practices.
When you use any myLocalism.ca Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other myLocalism.ca Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any myLocalism.ca Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of myLocalism.ca or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any myLocalism.ca Service is the exclusive property of myLocalism.ca and protected by Canadian and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any myLocalism.ca Service are trademarks or trade dress of myLocalism, Inc., or its affiliates, in Canada and other countries. myLocalism, Inc.'s or its affiliates trademarks and trade dress may not be used in connection with any product or service that is not myLocalism, Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits myLocalism, Inc. or its affiliates. All other trademarks not owned by myLocalism, Inc. or its affiliates that appear in any myLocalism.ca Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by myLocalism, Inc. or its affiliates.
LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, myLocalism.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the myLocalism.ca Services. This licence does not include any resale or commercial use of any myLocalism.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any myLocalism.ca Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by myLocalism.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No myLocalism.ca Service, nor any part of any myLocalism.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of myLocalism.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of myLocalism.ca without express written consent. You may not use any meta tags or any other "hidden text" utilizing myLocalism.ca's name or trademarks without the express written consent of myLocalism.ca. You may not misuse the myLocalism.ca Services. You may use the myLocalism.ca Services only as permitted by law. The licences granted by myLocalism.ca terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own myLocalism account to use certain myLocalism.ca Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. myLocalism.ca does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the myLocalism.ca Services only with involvement of a parent or guardian. myLocalism.ca reserves the right to refuse service, terminate accounts, terminate your rights to use myLocalism.ca Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. myLocalism.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant myLocalism.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant myLocalism.ca and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify myLocalism.ca for all claims resulting from content you supply. myLocalism.ca has the right but not the obligation to monitor and edit or remove any activity or content. myLocalism.ca takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
myLocalism.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
Risk of loss and title for items purchased from myLocalism.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in the destination country.
RETURNS, REFUNDS AND TITLE
For products sold directly by myLocalism.ca, myLocalism.ca does not take title to returned items until the item arrives at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, myLocalism.ca does not take title to the refunded item. If we receive items that do not meet the requirements of our return policies, including items returned past the eligible return window, opened items or damaged items, we may charge a restocking fee, issue a partial refund or wholly refuse a refund.
For items sold by third party vendors through myLocalism.ca, please refer to Other Businesses below for return, refunds and title policies.
myLocalism.ca encourages vendors to be as accurate as possible. However, myLocalism.ca does not warrant that product descriptions or other content of any myLocalism.ca Service is accurate, complete, reliable, current, or error-free.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on myLocalism.ca.
With respect to items sold by myLocalsim.ca, we cannot confirm the price of an item until you offer to purchase the item by placing an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by myLocalsim.ca is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
SANCTIONS AND EXPORT POLICY
You may not use any myLocalism.ca Service if you are the subject of Canadian sanctions or of sanctions consistent with Canadian law imposed by the governments of the country where you are using myLocalism.ca Services. You must comply with all Canadian or other export and re-export restrictions that may apply to goods, software (including myLocalism Software), technology, and services.
Third party vendors other than myLocalism.ca operate stores, provide services or software, or sell product lines through the myLocalism.ca Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from myLocalism. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). myLocalism.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE myLocalism.ca SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE myLocalism.ca SERVICES ARE PROVIDED BY myLocalism.ca ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. myLocalism.ca MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE myLocalism.ca SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE myLocalism.ca SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE myLocalism.ca SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, myLocalism.ca DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. myLocalism.ca DOES NOT WARRANT THAT THE myLocalism.ca SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE myLocalism.ca SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM myLocalism.ca ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, myLocalism.ca WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY myLocalism.ca SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY myLocalism.ca SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You must not use this myLocalism.ca Services in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. myLocalism.ca assumes no liability or responsibility for any manner of using this mLocalism.ca Services to violate the laws of Canada, the Province of Ontario, or the jurisdiction through which you access the Content.
You must not use myLocalism.ca Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
Content provided on the myLocalism.ca Website or Portal may be viewed and used only for its intended purposes. myLocalism.ca Services users are responsible for their use of the Website and Portal and any consequences arising from those activities, or for any misuse, failure to properly use, unauthorized viewing, use or disclosure of information, or inability to use the Website, and any Content contained therein, or accessed thereby.
You must not use this myLocalism.ca Services to copy, store, host, transmit, send, use, publish or distribute any malicious software – including, but not limited to: computer viruses, spyware, worms, Trojan horses, keystroke logs, rootkits or any other malware.
Unless myLocalism.ca has provided you with express consent, you must not use this Website for any purposes related to marketing, to transmit or send unsolicited commercial communications, or for any data collection activities.
LIMITATIONS OF LIABILITY
Subject to applicable law, in no event shall myLocalism.ca its officers, partners, employees, consultants, agents, or licensors be liable for damages of any kind – including, without limitation, any: direct, special, indirect, punitive, incidental or consequential damages. This includes, without limitation, any damages related to: loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use myLocalism.ca Services, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if myLocalism.ca knew of or ought to have known of the possibility of such damages.
By using myLocalism.ca Services, you agree that these Conditions of Use are reasonable. Do not use the myLocalism.ca Services if you think that these Conditions of Use are unreasonable.
If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These terms and the other policies posted on the myLocalism.ca Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content (see Notice and Procedure for Making Claims of Copyright Infringement), your notices to us must be sent by registered mail to:
P.O. Box 33030 Red River PO
Thunder Bay, ON
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to myLocalism.ca Customer Support.
If any dispute occurs between the parties relating to the application, interpretation, implementation or validity of this Agreement, or relating in any way to your use of myLocalism.ca Services, or to any products or services sold or distributed by myLocalism.ca or through myLocalism.ca, the Parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at in the City of Thunder Bay, in the Province of Ontario. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in the City of Thunder Bay, in the Province of Ontario. The arbitration shall proceed in accordance with the provisions of the Arbitration Act of Ontario. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any myLocalism.ca Service, or to any products or services sold or distributed by myLocalism.ca or through myLocalism.ca Services will be resolved by binding mediation or arbitration as indicated above, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(Not applicable to Quebec consumers) By using any myLocalism.ca Service, you agree that the Ontario Arbitration Act, applicable Ontario law, and applicable Canadian Federal law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and myLocalism.ca.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and myLocalism.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Please review our other policies, such as our pricing policy, posted on the myLocalism.ca site. These policies also govern your use of myLocalism.ca Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You agree to indemnify and hold harmless myLocalism.ca and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the myLocalism.ca Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
P.O. Box 33030 Red River PO
Thunder Bay, ON
ADDITIONAL myLocalism SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with myLocalism.ca Services (the "myLocalism Software").
- Use of the myLocalism Software. You may use myLocalism Software solely for purposes of enabling you to use the myLocalism.ca Services as provided by myLocalism.ca, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the myLocalism Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or licence the myLocalism Software in whole or in part. All software used in any myLocalism Service is the property of myLocalism.ca or its software suppliers and is protected by Canadian and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the myLocalism Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the myLocalism Software at any time and without notice to you.
- Export Regulations. You must comply with all export and re-export restrictions of all Canadian and international agencies and authorities that may apply to the myLocalism Software.
- Conflicts. In the event of any conflict between these Conditions of Use and any other myLocalism or third-party terms applicable to any portion of myLocalism Software, such as open-source licence terms, such other terms will control as to that portion of the myLocalism Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.We reserve the right to share, in accordance with applicable law, the completed claim form with the third party that originally posted the potentially infringing listing.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.