Terms of Use Agreement

MAVENFAIR TERMS OF USE AGREEMENT

Welcome to MavenFair. The services and network of MavenFair are operated by MavenFair™ Artisans & Crafters Market Incorporated and its corporate affiliates (collectively, “us”, “we” or “the Company”). MavenFair is a social e-commerce and networking portal that allows vendors to create an online store in order to trade Canadian handmade goods and services with other users.

MavenFair may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes. Your continued use of MavenFair.ca after changes are posted constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, discontinue use or access to the service or site. It is your responsibility to check the site to determine if there have been changes to the Terms of Use and to review such changes.

GENERAL TERMS

  1. By accessing, browsing or using the MavenFair.ca website and all sub-domains, which are a service of MavenFair™ Artisans & Crafters Market Incorporated (“MavenFair”), you are agreeing to be bound by the following terms and conditions (“Terms of Use” or “Agreement”) and the Privacy Policy, whether you are a registered member of MavenFair or a non-registered guest.
  2. This document and the other policies listed below combine to make up our Terms of Use Agreement
  3. You must be 19 years of age or older or you will not be able to enter into a legally binding contract to buy or sell on this site.
  4. If you register your membership as a business [corporation, proprietor, or partnership] on this site you must guarantee that you personally have the authority of the business to agree to the terms of use.
  5. These terms shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada.

COMPLETE POLICIES LIST

We want everyone to have a very positive Canadian experience here at MavenFair so we have created guidelines and policies to help clarify your rights and expectations as users of MavenFair services. We encourage you to take time to read the policies that apply to you as well as the balance of this document.

Policies for All Users

Community Policy
Terms of Use Agreement (this document)
Privacy Policy
Anti-Discrimination Policy

Buyer Policies

Buyer Policy

Seller Policies

Seller Policy
Fees Policy
Shipping Policy

SITE CONDUCT

  1. You are responsible for all activity that occurs under your username and are responsible for keeping your password secure.
  2. You must not redirect sales, payments or promotions outside of your MavenFair account, whether done by images, video, url, innuendoes or any other methods or mechanisms.
  3. You will not fail to deliver items purchased from you unless the buyer fails to meet the posted terms.
  4. You will not take any action that may undermine the feedback or ratings systems.
  5. You must not use MavenFair for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
  7. You must not threaten, intimidate, harass or otherwise abuse any other MavenFair user.
  8. You are responsible for maintaining that the content you submit is your own and is not owned by others.
  9. You are solely responsible for your behavior and conduct on MavenFair.ca including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the MavenFair.ca website.
  10. You must not modify or adapt or ‘hack’ MavenFair.ca or seek to create another website or communication to users that implies it is associated to MavenFair.ca
  11. You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behavior of the MavenFair.ca site or that is in any way destructive.
  12. You must not produce unwanted communications [spam] to other users of MavenFair.
  13. Violation of any of these agreements will result in the termination of your account. While MavenFair prohibits such conduct and content on its site, you understand and agree that MavenFair is a venue and as such, is not responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you use the MavenFair.ca service at your own risk.

MEMBERSHIP

MavenFair’s services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Services are not available to children (persons under the age of 19) or to temporarily or indefinitely suspended MavenFair members. If you are a under the age of 19, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use MavenFair. Further, your MavenFair account (including feedback) and User ID may not be transferred or sold 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.

SITE USE

In consideration of your use of MavenFair.ca, you agree to:

  • provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“Registration Data”);
  • maintain the security of your password and identification;
  • maintain and promptly update the Registration Data, and any other information you provide to MavenFair, to keep it accurate, current and complete; and
  • be fully responsible for all use of your account and for any actions that take place using your account.

All content on MavenFair.ca and available through its services, including designs, text, graphics, logos, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of MavenFair, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without MavenFair’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the site.

Provided that you are eligible for use of the site, you are granted a limited license to access and use MavenFair.ca and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the site or the Site Content other than as specifically authorized herein, without the prior written permission of MavenFair, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

SITE CONTENT RULES & REGULATIONS

Be mindful about the information or image files you post on the site. MavenFair assumes no responsibility or liability for the material that may contain inaccurate, inappropriate, offensive or sexually explicit content. If you are aware of misuse of the site or services of MavenFair by any person at any time, please contact MavenFair immediately. MavenFair in its sole discretion, reserves the right to remove, reject, refuse any posting by users and members, or suspend, or terminate their access to any of the Services at any time, for any or no reason without prior notice.

Unauthorized use of any content or link in connection with any commercial activities without granting approval from MavenFair is prohibited, including collecting usernames, email addresses, product content of users or members. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the content or member profiles without notice. Legal action will be taken for any illegal or unauthorized use of the MavenFair services.

MavenFair does not own any rights in the text, file, images, photo, video, music, or any other materials that users post to the site. Users or members continue to retain all ownership rights to their posted content in any way they prefer. You represent and warrant that the posted content does not violate the privacy rights, copyrights, publicity right or any other rights of any person or company. MavenFair services contain content of users, members and other licensors, that you may not copy, duplicate, modify, translate, publish, display or sell any content through the MavenFair service, unless authorized by the site.

MavenFair may delete any content that violates this Agreement or that may be illegal, offensive, threaten, harm, or impolite to any person. If at any time MavenFair chooses to monitor for inappropriate content or conduct, MavenFair assumes no obligation to remove any inappropriate content or conduct and no responsibility for the users posting any such content.

You are solely responsible for the content that you post on any of the MavenFair services, and any information that you sent to other members or users. MavenFair does not have any control over the content and the content is not necessarily reviewed by the site before and/or after posting and does not reflect the opinions of MavenFair.

The following is a partial list of the content that is prohibited to post or list on MavenFair.ca. MavenFair reserves the right to take any necessary legal action against those who violate this agreement.

  • products not handcrafted in Canada
  • mass produced items or manufactured items
  • vintage, recycled or refurbished items, please refer to our “Upcycled Items Section” in our  Basic Guidelines for Handmade for permitted vintage and recycled items usage
  • handmade items that have NOT been made by you – we do not support resellers,  artist representatives, galleries or agents (multi-artisan groups or collectives are permitted as long as all items sold are handmade by artisans within the group/collective)
  • food and beverages that are NOT small-batch Canadian artisan made (mass manufactured)
  • foods and beverages that are NOT compliant with regulations regarding production and packaging
  • music, film or mass-published books
  • any goods, service, or content that violates the law or legal rights of others
  • pirated material and products
  • items that infringe on copyrights
  • military items not demilitarized in accordance with Canadian law
  • any products stemming from child labour are prohibited under all circumstances
  • weapons; firearms/guns, ammunition, and components; including but not limited to pellet, stun, and spear guns
  • illegal or dangerous items
  • hazardous materials
  • human or animal body parts
  • prescription drugs, medical devices; controlled substances and related items
  • drugs and drug paraphernalia (illegal or legal)
  • alcohol or tobacco
  • e-cigarettes and e-liquids
  • unpackaged or adulterated cosmetics
  • adult content; pornography; sexually explicit or offence items;
  • endangered, imperiled and/or protected species and any parts thereof, example: ivory
  • false, misleading, deceptive, or fraudulent content; bait and switch
  • items containing or referencing offensive, obscene, defamatory, threatening, or malicious content
  • anyone’s personal, identifying, confidential or proprietary information
  • postings or email offering, promoting, or linking to unsolicited products or services
  • affiliate marketing; network, or multi-level marketing; pyramid schemes

MavenFair reserves the right to remove any listings from our marketplace without prior notice should we determine that these listings are in breach of any law or MavenFair policy.  Multiple or excessive violations of our terms and conditions may lead to expulsion from our marketplace.

NO AGENCY

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.

CONFLICT OF TERMS

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

PRIVACY POLICY

We are committed to protecting your privacy. MavenFair collects, uses and discloses your personal information in accordance with the Freedom of Information and Protection of Privacy Act (FOIPPA) and other applicable legislation. MavenFair does not sell or rent personal information to third parties for their marketing purposes without your explicit consent. Registered users can access and modify personal information.

Policies and rules relating to privacy and the Internet are evolving quickly. If we change our privacy policy we will post those changes on this page so that you are always aware of what information we collect and how we use it. Please view the MavenFair Privacy Policy for additional information regarding our policies and procedures.

DISCLAIMER OF LIABILITY

In no circumstances shall MavenFair, its Directors, officers, employees or contractors be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, arising from or in connection with your use of, access to or your reliance on, or your inability to use or access, this Site, any contents of this Site, any external links on this Site, any website linked to this Site, or any contents thereof, or any website linking to this Site, or any contents thereof.

INDEMNITY

You will indemnify and hold MavenFair (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your breach of this agreement, your use of our services, or your violation of any law or the rights of a third party.

RELEASE

If you have a dispute with one or more users, you release MavenFair (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (whether direct, actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

SEVERABILITY

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.