By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Scope of these Terms and Conditions, Platform
- ThrivingLocally is the online marketplace for all locally owned independent businesses and the community. It is a community platform connecting and enabling people to shop where they live and support their community in keeping it unique.
- You agree that ThrivingLocally 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 ThrivingLocally. You use the ThrivingLocally service at your own risk.
- Registered members can offer and purchase local products and services via the ThrivingLocally eCommerce platform. In addition, ThrivingLocally operates its own shops within the marketplace (e.g. ThrivingLocally Collections) and organizes its own contests.
- These terms and conditions regulate the conclusion of the user agreement and the use of the online marketplace including all functions, offers, content, shops and other services (“applications” such as advertising space which can be booked to obtain increased visibility of products) which we provide within this framework.
- The following documents also apply in addition to these Terms and Conditions:
- the Selling Guidelines, in their most recent version, containing an overview of the applicable code of conduct for selling on the ThrivingLocally platform,
- the Community Guidelines, in their most recent version, containing an overview of the applicable code of conduct for users of the ThrivingLocally platform,
- The Do’s and Don’ts of Buying and Selling, in their most recent version, containing an overview of the applicable code of conduct for Buying and Selling on the ThrivingLocally platform,
- the Fees Policy of ThrivingLocally in its most recent version which lists the remuneration due for the use of the ThrivingLocally platform,
- The Billing Policy in its most recent version which lists the ways to pay your bill on the ThrivingLocally platform,
- In cases where ThrivingLocally acts as a marketplace, it merely provides a sales platform and does not become a contracting party in the agreements concluded between the purchasing and the selling parties. This means that if a member purchases a product or a service from another member via ThrivingLocally, the agreement is concluded with the seller of the product or service. ThrivingLocally only offers goods and services itself in the respectively named own ThrivingLocally shops. In this case, the separate ThrivingLocally Shop Terms and Conditions and the respective revocation instructions apply. If ThrivingLocally organizes contests then the Terms and Conditions for contests apply; ThrivingLocally advises participants of this in advance.
- Maintenance performed on the ThrivingLocally platform can have an adverse effect on its availability. Maintenance work will be, as much as possible, performed with the minimum of inconvenience to members. Routine or planned maintenance work will be performed at times of least possible use and if such work is to be of considerable duration, members will be given sufficient notice. In addition, however, it may be necessary to perform maintenance work without notice, for instance in cases of unforeseeable disruption (e.g. attacks, viruses). A particular level of availability of the ThrivingLocally platform cannot be guaranteed.
- Users are able to view product pages, shops or profiles and purchase as a guest on ThrivingLocally without registration.
- Registration is required for all other features such as but not limited to selling, using the favorites function, using the communication system on the ThrivingLocally platform, using the comment and rate functions, forums, and communities.
- Registered sellers can only be a Locally Owned Independent Small Business. For purposes of ThrivingLocally a Locally Owned Independent Small Business is defined as Businesses with very few retail outlets, usually a single store, with no headquarters or centralized management. Owner-operated (Individual, family, or partnership) and usually run from the shop (or from one of the shops where there are many), or a cottage industry business.
- A small business with fewer than 50 employees
- A small business operated by a self-employed person with no paid help
- A micro-business or cottage industry business is defined as a small business with fewer than five employees.
- You can NOT be:
- A chain store
- A franchise
- A Big box store
- A multi-level marketing representative (primary). Talk to us about how your products could be sold indirectly through services etc.
- ThrivingLocally does not monitor or regulate a Locally Owned Independent Small Business legal requirements such as business licenses or registered business numbers with the Revenue Canada. These are at the discretion and responsibility of the business owner.
- No one shall have a right to membership of ThrivingLocally.
- The registration of a legal person may only be undertaken by a natural person authorized to represent the legal person. The natural person must be named. In cases where an association of persons can only be effectively represented by more than one person, the natural person who acts on behalf of the legal person on ThrivingLocally must be respectively authorized to do so.
- Members are obligated to keep their registration information up-to-date at all times and when relevant changes occur (e.g. e-mail address, mailing address etc.) to update the information accordingly.
- At the time of registration, the member selects a member name and a password. The password must be kept secret and be of a sufficient degree of complexity. No person has a right to a particular member name or a particular password.
- After completing the registration form and sending it using the button “Register”, ThrivingLocally sends a message to the email address of the applicant. The agreement with ThrivingLocally is only concluded once the applicant accesses the internet address (link) provided in this email.
- Incorrect information which was inadvertently entered by the member can be corrected at any time before the information is saved. After registration has been completed, this information can be corrected via the menu point clicking on name at top left of screen and in the section “Account Settings”. The exception is that first name and family name cannot be altered in this way. Such changes may only be effected via the ThrivingLocally customer service team.
- After a successful registration, ThrivingLocally stores the contractual terms agreed with the member. ThrivingLocally makes these contractual terms available to the member in the confirmation of the agreement sent by email providing the contractual terms. We recommend keeping a permanent record of this email and/or printing it out.
- Member accounts are not transferable and may only be used by the member personally. Creation of a new account following termination by ThrivingLocally is not permitted.
Right of cancellation and return of purchase for consumers
- ThrivingLocally grants consumers with a permanent residence in Canada a 14 day right of cancellation even if the national consumer regulations only provide for a shorter period.
- The seller grants consumers with a permanent residence in Canada the right to communicate their notice of cancellation in text form (through the message centre) even if the national law provides for a more strict form.
- Right of Cancellation
- You are entitled to cancel your purchase in writing (ThrivingLocally message centre) within 14 days without specifying reasons. The time limit begins with the receipt of the invoice received. Only the timely sending of the cancellation shall suffice for the purpose of complying with the cancellation time limit.
- The cancellation must be addressed to the vendor of the original purchase.
Consequences of Cancellation
- In the case of an effective cancellation, any performance already received by each party shall be returned.
- The purchaser is required to pay for the cost of shipping of the purchase unless otherwise specified by the vendor.
- If you are wholly or partly unable to return the performance received or can only return them in a deteriorated condition, the buyer is obligated to pay compensation for service already rendered.
- Obligations of the seller to refund payments must be fulfilled within 30 days. The time limit begins for you with the sending of your cancellation notice.
- If a purchase is not completed as a result of a valid cancellation, ThrivingLocally will refund the sales commission.
Conclusion of agreements on purchase of goods or provision of services between members
- If a member lists an item or description of a service as a seller, this constitutes a binding offer which allows any other member to purchase the item or the service at the price offered. The purchase agreement is concluded if another member (purchaser) clicks on the designated “add to cart” button and then confirms this by completing a successful shopping cart checkout and payment is confirmed. After the purchase agreement has been concluded, the purchaser receives, by way of confirmation, a system email from ThrivingLocally. The purchaser is obligated to pay the total price at time of the sale.
- The possible payment methods are determined by the ThrivingLocally eCommerce platform.
- It is the duty of each seller to become informed as to the legal obligations which apply to the sale of goods or the conclusion of contracts for work or services and naturally to comply with these obligations (e.g. inclusion of imprint, cancellation instruction etc.).
- ThrivingLocally is not involved in the conclusion of agreements between members and cannot and does not provide any guarantees in respect of the properties and condition of the goods and services offered by members. The sellers of articles and services are themselves responsible for the description and condition of their offerings.
- Registering as a member at ThrivingLocally is free of charge.
- Fees are charged for certain services used by sellers, the amount of which is listed in the current Fees Policy of ThrivingLocally.
Merchant Services Fees
- Paypal.com provides the merchant services for all transactions on the ThrivingLocally platform.
- Paypal charges services fees based on volume through your account. Click here for view their fees.
- The merchant service fees are deducted from the purchase amount at time of the sale and collected by PayPal directly.
- The member agrees to the local shipping fees already negotiated with the service provider through ThrivingLocally. These fees may change from time to time as ThrivingLocally negotiates better rates and services or adds new service providers as they become available. Members will be notified of upcoming changes.
- The shipping fees are charged in addition to the listed purchase price and are paid directly by the purchasing customer upon successful checkout.
- The Local Shipping (if available in the area) option fees are paid directly by the purchasing customer upon successful checkout.
- There are none! Waaaahooo!
Webstore Subscription Fees
- The member agrees to the webstore fees detailed in the current Fees Policy of ThrivingLocally at time of sign up. These fees are subject to change to a maximum of 5% in a calendar year. The webstore member will be notified of upcoming changes.
- The webstore member will be charged by ThrivingLocally for subscription fees on the day that the subscription becomes active (minus any promotional periods).
- The Webstore fees will be billed through the sellers paypal account at time they are due.
- Members can choose to promote their listing. This is a particularly effective marketing tool but this incurs an extra charge. ThrivingLocally informs its members before each additional option is confirmed that a respective fee is due.
- The member can set up a direct debit mandate through PayPal, or use a credit card.
- The member shall be in default without any further reminders if no payment is made within 30 days of payment being due.
Obligations of the Member
- General obligations which apply to all members:
- There are laws (a) with which all members must comply, and rules (b) which ThrivingLocally itself sets out in order to ensure the smooth operation of the internet platform. Further obligations for members, in addition to those laid out here, can be found in the Selling Guidelines, and Community Guidelines (known collectively as “ThrivingLocally Guidelines”).
- Every member is obligated to use the ThrivingLocally platform for lawful purposes only and according to these Terms and Conditions as well as the ThrivingLocally Guidelines. Members are themselves responsible without limitation for their offers (e.g. shop, products and services for sale) and content (e.g. ratings, forum posts, individual information).
- Principles which apply to all members by law:
- Members must comply with applicable statutory requirements at all times when using our services; in particular, but not limited to content from members may not violate:
- criminal law,
- regulations for the protection of minors,
- data protection law,
- third party copyrights, trademark rights, sign rights, patent rights or rights to a name, moral rights or other third party rights
- This means, for example, goods or services which may not be offered and content (prohibited transactions) which may not be published include but are not limited to:
- embassies, foreign consulates or other foreign governments,
- door-to-door sales,
- offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase,
- negative response marketing,
- engaging in deceptive marketing practices,
- sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service,
- evading Card Network’s chargeback monitoring programs,
- engaging in any form of licensed or unlicensed aggregation or factoring,
- age restricted products or services (some exceptions apply),
- bail bonds,
- bankruptcy lawyers,
- bidding fee auctions,
- collection agencies,
- chain letters,
- check cashing, wire transfers or money orders,
- counterfeit goods (e.g. knock-offs, imitations, bootlegs)
- currency exchanges or dealers,
- firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counseling, repair or protection or real estate purchases with no money down,
- credit card and identity theft protection,
- cruise lines,
- essay mills,
- flea markets (firms/individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoor or outdoors),
- drug paraphernalia,
- extended warranties,
- fortune tellers,
- “get rich quick” schemes;
- gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services),
- sports forecasting or odds making,
- illegal products or services,
- mail-order brides,
- marijuana dispensaries and related businesses,
- money transmitters or money service businesses,
- multi-level marketing or pyramid schemes,
- online, mail, or telephone order pharmacies or pharmacy referral services,
- prepaid phone cards, phone services or cell phones,
- pseudo pharmaceuticals,
- quasi-cash or stored value,
- securities brokers,
- sexually-oriented or pornographic products or services,
- shipping or forwarding brokers,
- substances designed to mimic illegal drugs,
- online, mail, or telephone order tobacco or e-cigarette sales,
- weapons and munitions
- virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, or
- Products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation,
- Furthermore, one should note that there are many items whose trade is subject to special – sometimes very strict – statutory regulations or restrictions. This includes, but is not limited to:
- trade in toys
- trade in foodstuffs
- trade in textiles
- products from protected plant and animal species
- Please note that content on the ThrivingLocally platform is fundamentally accessible worldwide. Therefore, depending on the case it is possible that laws of other countries must be observed. This applies in particular to offers of goods and services aimed at customers in other countries and must also observe the regulations applicable in the country where they are offering said good or service.
- Principles which ThrivingLocally considers mandatory to ensure a good functioning of the market place:
- Members should treat each other with respect!
- Be fair to one another and to ThrivingLocally!
- Only goods and services may be offered at ThrivingLocally which are suited to ThrivingLocally. This means only products and services offered by independently owned local small businesses as defined in these terms and conditions.
- Members may not circumvent the ThrivingLocally fee schedule or prevent a fee-based act of usage in bad faith. In particular, the member may not cancel a completed order and make the sale offline to avoid paying fees. In the case of a circumvention or bad faith avoidance of remuneration, ThrivingLocally is entitled to demand the avoided remuneration from all members involved as joint and several debtors; further rights of ThrivingLocally, in particular to block and/or terminate the member account concerned, remain unaffected.
- The seller of the goods and services must actually be able to supply those goods or services or be in a position of supplying it within the timeframe stated in the offer.
- A seller may not pass the ThrivingLocally fees on to the purchaser in addition to the sales price or collect these from the purchaser.
- Merely providing a link to an internet address does not qualify as a description of a good or service. You must provide an accurate description.
- Offers must be listed in the appropriate category.
- Comments, ratings, messages and criticisms must be based upon facts and may not contain defamatory statements.
- Members are not allowed to submit ratings on their own listings.
- No technology may be used which might be harmful or pestering to the platform, to members or to third parties (e.g. viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks etc.). This shall include, for example, the automatic read-out of data by crawlers.
- Collecting address data from ThrivingLocally is prohibited without the consent of the respective member.
- Members may not use the contact details they receive from one another in the scope of communications or transactions for advertising purposes without the express permission of the respective other member.
- The use of spam, snowball systems and similar, unfair marketing measures is prohibited.
- Search word spamming is prohibited.
- The descriptions of the products and services on ThrivingLocally platforms must be in the respective national language or the commonly used languages of the country.
- URLs may only be included in offers if further information on the respective topic can be found at the URL provided. The content of the linked pages must comply with the applicable law. Links to partner programs, referral URLs, URLs to fee-based subscription sites and online shops etc. are not permitted.
- The member is obligated to avoid placing any excessive strain on the ThrivingLocally platform. In particular, no content may be published which could endanger the integrity, stability and availability of the ThrivingLocally platform.
- If a member who offers goods or services uses their own terms and conditions, these may not contradict the ThrivingLocally Terms and Conditions. Commercial sellers must additionally ensure they are aware of all regulations applicable to them, such as the provisions of the packaging ordinance.
Consequences of violations of law, Terms and Conditions, and Guidelines
- If ThrivingLocally should learn of evidence for breaches of duty on the part of the member, e.g. through complaints from third parties, ThrivingLocally will inform the member thereof. When doing so, ThrivingLocally is entitled to set a time limit for the member to submit a statement on a case by case basis; in the case of extreme urgency, this time limit can be just a few hours.
- The sanctions which ThrivingLocally can place on a member are:
- issue a written warning to the member, demanding the violation is immediately ceased;
- suspend, block or terminate individual offers (e.g. shop, profile, item) or content (e.g. ratings, forum posts, individual information) of the member on the ThrivingLocally platform;
- limit or restrict the member’s use of the ThrivingLocally platform (e.g. block access to forum, limit number of offers);
- preliminary blocking of the member;
- exclusion of the member
- In the case of the termination of offers or the blocking of a member account (preliminary blocking or exclusion) due to the existence of a violation of the law or a violation of these Terms and Conditions, the member shall owe all fees due in relation to the respective offer up to the point of termination by way of compensation. The fixing of the compensation does not affect the right to provide evidence that no loss, considerably lower losses or considerably higher losses have been incurred.
- A member whose membership has been terminated is not allowed to re-register at ThrivingLocally or to use other member accounts.
- ThrivingLocally is entitled to remove offers of members at its own discretion if these offers are not in line with the overall image of the ThrivingLocally platform. Provided the member is not responsible for any breach of duty, ThrivingLocally will, on request, cancel or reimburse any fees due on the removed offer.
Reporting violations of these Terms and Conditions
- Violations of these Terms and Conditions as well as of the ThrivingLocally Guidelines may be reported by members using a report button located on every product page.
- If a report is submitted by the legal representative of an authorized person (e.g. in the case of copyright infringements), we request that the legal representative sends us the notification of the rights infringement together with proof of his or her authorization to represent the respective person (power of attorney) by email with a scan or by letter. ThrivingLocally reserves the right to demand to see the original of the power of attorney document.
- The member releases ThrivingLocally from any claims which third parties might assert against ThrivingLocally due to a rights infringement or breach of duty of the member, unless the member is not responsible for the breach of duty. This covers, in particular, the listing of items, ratings or forum contributions which is unlawful or contrary to contract. Reasonable costs of a legal defense (in particular, attorney fees) which ThrivingLocally has demonstrably incurred through the misconduct of the member, must also be reimbursed.
- The user agreement shall run for an indefinite period of time and may be duly terminated by the member or ThrivingLocally at any time. Termination by the member may be done by sending an e-mail request to firstname.lastname@example.org FROM the registered e-mail account.
- The right to termination for good cause remains unaffected. In addition to legal grounds for termination for good cause, it shall also constitute cause for immediate termination for ThrivingLocally if a member, upon receiving a reminder from ThrivingLocally (which can be grounds for default), does not pay the remuneration due within a reasonable period of time and is in default of payment at the time of the termination. ThrivingLocally is entitled to institute preliminary measures as per clause 7.3 during the time period.
Rights of Use
- The member grants ThrivingLocally all rights in the content uploaded by him or her to the online platform necessary for the fulfillment of the agreement. This covers, in particular, the right to reproduce, distribute, make available to the public or adapt, for the purpose of providing the services, the content uploaded by the member. ThrivingLocally is, in particular, entitled to reproduce, distribute and make available to the public all content uploaded by the user also beyond the end of his or her membership.
- Furthermore, the member grants ThrivingLocally the right to use the content listed by him or her in the advertising for the online platform or individual offers, in particular for advertising on the internet (in particular affiliate advertising, eCards, advertising campaigns, and social networking platforms, etc.), in print advertising and/or TV advertising. To this end, ThrivingLocally is especially entitled to reproduce, distribute, make available to the public, adapt or broadcast content of the member or to communicate the broadcasts or make them available to the public.
- The rights granted under points 11.1 and 11.2 above are granted to ThrivingLocally as non-exclusive exploitation rights in perpetuity and throughout the universe. The rights granted under points 11.1 and 11.2 above may be assigned and sub-licensed by ThrivingLocally to third parties. ThrivingLocally shall not be liable to pay any additional remuneration in such cases.
Limitation of liability
- The following provisions on the limitation of liability of ThrivingLocally apply to all claims for damages and liability cases, irrespective of the legal grounds such claims are based on (e.g. guarantee, default, impossibility, breach of duty, impediment to performance, except for:
- claims of the member due to losses caused by injury to life, body or health,
- rights and claims of the member due to malicious concealment of a defect by ThrivingLocally or due to the lack of a property for which ThrivingLocally has assumed a guarantee,
- rights and claims of the member based on willful or grossly negligent behavior on the part of ThrivingLocally itself, its legal representatives or vicarious agents.
- ThrivingLocally is liable for losses caused by simple negligence only where material obligations have been breached, i.e. obligations whose fulfillment is essential for the achievement of the purpose of the agreement or whose fulfillment can normally be relied upon by the contracting partner. In the case of a breach of fundamental obligations, the liability of ThrivingLocally is limited to compensation for losses typically foreseeable for ThrivingLocally at the time of conclusion of the agreement. Otherwise, a liability of ThrivingLocally for losses caused by simple negligence is excluded.
- Liability for non-availability of the online platform is excluded. In particular, no claims against ThrivingLocally can exist where non-availability affected purchase agreements, for example because an item cannot be listed or a purchase agreement is not concluded.
- ThrivingLocally is not liable for the performance of agreements between members.
Responsibility for content and links
- ThrivingLocally is not obligated to monitor the information transmitted or stored or to search for possibly illegal content.
Third party assignment and assumption
- ThrivingLocally is entitled, upon provision of four weeks’ notice, to assign its rights and obligations under this user agreement in whole or in part to a third party.
Alterations to the Terms and Conditions
- ThrivingLocally reserves the right to alter these Terms and Conditions at any time and to make the use of the online platform subject to new or additional contractual terms. Members will be notified of any alterations or additional terms and these will come into effect as soon as they are accepted. Should you not accept the alterations, ThrivingLocally is entitled to terminate the user relationship.
Final provisions, applicable law and place of jurisdiction
- The most recent version of the Terms and Conditions is stored on the ThrivingLocally platform and is available to be viewed by anyone. The same applies to earlier versions of the Terms and Conditions which are not more than two years old.
- ThrivingLocally is entitled, for the purpose of performing its obligations under this agreement, to also avail itself of third parties as so-called vicarious agents.
- Claims against ThrivingLocally may not be assigned to third parties either in part or in full.
- The legal relationship between the parties to this agreement is subject to Canadian law.
- Ottawa shall be the sole place of jurisdiction in respect of business persons, legal persons incorporated under public law or special funds under public law. In addition, Ottawa shall be the sole place of jurisdiction in respect of entrepreneurs if the member has no general place of jurisdiction in Canada or the member moves his domicile or main residence out of Canada after the conclusion of the agreement or if the domicile or main residence of the member is unknown.
End of document
Effective Date: April 01, 2014.
ThrivingLocally reserves the right to alter these policies at any time.