Introduction:
Welcome to Korners.ca! Please read
these Terms of Service (the "Agreement") carefully before you use the
Korners.ca website and services. Your use of the Service (as defined below)
constitutes your consent to this Agreement. Korners.ca is owned and operated by
BLYTICS Canada Inc.
Account Registration:
You may need to register an account to
use all or part of the Service. We may reject, or require that you change, any
username, password, or other information you provide in registering. You can
register an account with your email address and a password. The email address
you provide will be your email address, and you are solely responsible for
maintaining the confidentiality of your password. It is your sole
responsibility for all activities that occur under your Account. Thus, you
should protect your password and make your password difficult for others to
guess. You may connect to the Services with a third-party service. By doing
that, you give us permission to access, store, and use your information from that
service as permitted by that service and as described in Korners.ca Privacy
Policy.
Service Usage Restrictions:
Before listing your products/services,
make sure it's allowed on Korners.ca. If it doesn't, we may remove it, and you
may be subject to a range of other actions, including restrictions and
suspension of your account. The following is the list of prohibited and
restricted items, services, and activities such as distributing or containing
spam, viruses, or any other technologies that may harm korners.ca or the
interests or property of korners.ca users; Violate any laws or publish
misleading information; Breach any third-party right; and/or breach
intellectual property by copying, modifying, or distributing any other person's
content; Force an unreasonable load on our infrastructure and intervene with
the proper working or bypass measures to prevent or restrict access to
Korners.ca; Use automated means such as but not limited to a robot, spider, or
scraper means to access Korners.ca and collect content for any purpose without
our written permission; Collect information about others, including email
addresses, without their consent; Clients who use services available on
Korners.ca must adhere to the rules and policies of our service.
Marketplace Products and Services
Listings:
Users may post and browse listings for
"products and services." Such listings of Products and Services are
provided by users, not by us. We do not sell or otherwise make any products or
services available, we do not buy or otherwise acquire any products or
services, and we do not facilitate the sale, purchase, or transfer of any
products or services. We are not responsible or hold liability for any
products and services listed by others, any transactions or transfers involving
products or services, including the shipping or delivery of any products,
services, or any payments for it, or any dispute between users relating to any
such listings of services or products. Please be cautious when buying, selling,
transferring any product or service, or making or receiving payment for any
product and or service. We are not responsible or hold liability for the
availability through the Service of any such listing, nor any promotional
services that we may make available to the user who posted such a listing imply
our endorsement of the listed Product, Service, or the provider of such
Product, Service, or any affiliation with such provider. We make no
representations of any Products or Services or any providers of Products or
Services. Such information and the availability of any Product or Service are
subject to change at any time without notice. We reserve the right to
remove any listing of the Product or Service for any reason. You must ensure
you have the authority and permission to use the services. These services
include posting any Product or Service, entering into any transaction, or
making any transfer relating to a Product or Service. You must have reached the
age of majority in your province or territory of residence to use the services.
Prohibited and restricted items:
Products/Services included in the list
of Prohibited and restricted Products, Services, and Actions are as follows: Adult
Only category; Alcohol, Counterfeit currency, and stamps; Credit cards; Currency;
selling Drugs and drug paraphernalia; Firearms, weapons, and knives – examples
include pepper spray, replicas, and stun guns or Military items (see also
firearms, weapons, and knives), Police-related items; Government documents, IDs,
and licenses; Government, transit, and shipping-related items, subway employee
uniforms, and Canada Post mailbags; Hazardous; restricted, regulated materials
policy – examples include batteries, fireworks, and refrigerants; Human remains
and body parts; Items encouraging illegal activity; Lockpicking devices; Lottery
tickets; Mailing lists and personal information; Manufacturers' coupons; Medical
drugs, devices, and healthcare include prescription drugs, contact lenses,
pacemakers, and surgical instruments; Multi-level marketing, pyramid, and
matrix programs; Offensive material; Pesticides; Stocks and other securities; Stolen
property; Tobacco; Weeds.
Changes & Adjustments:
We may change this Agreement from time
to time by notifying you of such changes by any reasonable means, including by
posting a revised Agreement through the Service. Any such changes will not
apply to any dispute between you and us arising before the date we posted the
revised Agreement incorporating such changes or otherwise notified you of such
changes. Your use of the Service following any changes to this Agreement will
constitute your acceptance of such changes. With prior notice, we may, at any
time and without liability, modify or discontinue all or part of the Service;
charge, modify or waive any fees required to use the Service; or offer
opportunities to some or all Service users.
Information Submitted Through the
Service:
Your submission of information is
governed by our Privacy Policy, available on korners.ca.
By agreeing to the terms of this
agreement, you also agree to the collection, use, and disclosure of your
personal information as per our Privacy Policy. You represent and warrant that
any information you provide in connection with the Service, including products
and services listings and any other content you provide to us, is and will
remain accurate and complete and that you will maintain and update such
information as needed. To the extent that any content includes any personal
information, you are responsible for obtaining the consent of the individual
concerned, and you represent and warrant to Korners.ca that you have obtained
such consent.
Legal and Jurisdictional governance:
The Service is offered only to
residents of Canada; the service’s agreement is governed by the laws of the
Province of Ontario and the federal’s laws of Canada. Any service use is at
your own risk, and you must comply with all applicable laws, rules, and
regulations. We may limit the Service's availability at any time, in whole or
part, to any person, geographic area, or jurisdiction we choose. These terms
and the other policies posted on Korners.ca constitute the agreement between you and us, which
superseded any prior agreements. If we don't enforce any particular provision,
we are not waiving our right to do so later. The remaining terms will survive
if a court strikes down any of these terms. Your official notices to us must be
sent by registered mail.
Services Abuse:
Together, we can keep the Services site
working properly, so please use the tools available on the website to report or
tell us about any problems or offensive content. We may limit or terminate our
Services, remove hosted content and take proper technical and legal steps with
users who are creating problems or acting inconsistently with the letter or
spirit of our policies. However, whether we decide to take any of these steps,
remove hosted content or keep a user off Korners.ca or not, we do not accept any
liability for monitoring Korners.ca or for unauthorized or unlawful content on
Korners.ca or illegal use of Korners.ca by users.
Intellectual property:
You own your content. We don't
ask for the property of any content or material you present or provide through
the website and the services. Any content or materials you upload through the
website will be considered non-confidential, and we have the right to use,
copy, distribute, modify and disclose that content to others for any
purpose. For any of your content, you hereby grant us a worldwide,
royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable,
transferable, and fully sublicensable (through multiple tiers) license. Without
additional consideration to you or any third party, we hold the right to
reproduce, distribute, perform and display (publicly or otherwise), create
derivative works of, adapt, modify, and otherwise use, analyze and exploit such
content in any format or media now known or hereafter developed, and for any
purpose (including promotional purposes, such as testimonials). We will not be
responsible in any form for any content or the loss or harm of any kind
resulting from the use or transfer of any content through email or making it
available through the website. We will not be responsible (either for contract
violation or neglect or any responsibility that results or is related to the
use of our website) for any procedures by us or anyone working for us.
Fees and Services:
Using Korners.ca Services is generally
free. We may charge fees for certain Services where applicable. If the service
you use charges a fee, it will be announced on the site, and you will be able
to review and accept that charge, and fees will be quoted in Canadian Dollars,
including HST taxes. We hold the right to change the fees from time to time or
change it temporarily for promotional events or new services. We will notify
you of changes to our fee policy by announcing and posting such changes on the
site. Our fees are non-refundable, and you are responsible for paying them when
they're due. We may limit your ability to use the Services if you don't. If
your payment method fails or your account is past due, we may collect fees owed
using other mechanisms. Canadian taxes associated with our Services will be collected
when applicable. You agree to provide accurate address information necessary
for Korners.ca to comply with its obligations under applicable law. To the
extent that such information is not provided, Korners.ca will, at its
discretion, determine and collect appropriate taxes.
Users’ profiles and contents:
Service visitors may make available
certain materials through or in connection with the Service, including listings
for Products and on profile pages or the Service's interactive services, such
as message boards and other forums, and chatting, commenting, and other
messaging functionality. Korners.ca has no control and is not responsible for
any use or misuse (including any distribution) by any third party of
Submissions. It is at your own risk. Suppose you make your personal or other
information publicly available through our service. You agree not to copy,
modify, or distribute our copyrights or trademarks. We reserve the right to
remove content where we have grounds for suspecting the violation of these
terms or the rights of any other party.
Monitoring and Analysis:
We may monitor, analyze your access to
or use of the Service, evaluate, remove or alter listings/comments/content
before or after they appear on the Service (but have no commitment or
obligation to). Based on applicable law, we may disclose information regarding
your use and access to the Service, and the conditions surrounding such access
and use, to anyone for any reason or purpose.
Proprietary Rights:
Our trademarks, trade names,
trademarks, and service marks, including Korners.ca and any associated logos,
are protected by proprietary rights and laws. Our suppliers and we own the
Service, and all trade names, trademarks, service marks, and logos on the Service
not owned by us are the property of their respective owners. You may not use
our trade names, trademarks, service marks, or logos in connection with any
product or service that is not ours or in any manner that is likely to confuse
you. Nothing contained in the Service should be construed as granting any right
to use any trade names, trademarks, service marks, or logos without the express
prior written consent of the owner.
Third-Party Materials and Links:
Certain Service functionality may make
available access to information, products, services, and other materials made
available by third parties, including listings for Products and other
Submissions ("Third Party Materials"), or allow for the routing or
transmission of such Third-Party Materials, including via links. We neither
control nor endorse, nor are we responsible for, any Third-Party Materials.
This Agreement shall not be deemed a representation or warranty by Korners.ca
concerning any Third-Party Materials. We have no obligation to monitor Third
Party Materials and may block or disable access to any Third-Party Materials
through the Service at any time. In addition, the availability of any
Third-Party Materials through the Service does not imply our endorsement of, or
our affiliation with, any provider of such Third-Party Materials. YOUR USE OF
THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL
TERMS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF
SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
Termination:
This Agreement is effective until
terminated. Korners.ca may terminate or suspend your use of the Service at any
time and without prior notice, for any or no reason, including if korners.ca
believes that you have violated or acted inconsistently with the letter or
spirit of this Agreement. Upon any such termination or suspension, your right
to use the Service will immediately cease, and Korners.ca may, without
liability to you or any third party, immediately block your associated
device(s) from accessing or using the Service and deactivate or delete your username,
password and account, and all related materials, without any obligation to
provide any further access to such materials.
Information or Complaints:
If you have a question or complaint
regarding the Service, Contact us via the contact form on Korners.ca. Please
note that e-mail communications will not necessarily be secure; accordingly,
you should not include credit card information or other sensitive information
in your e-mail correspondence with us.
Taxes collection and remit:
You are solely responsible for
collecting and remitting any applicable taxes that result from selling your
items or services listed on Korners.ca. As a buyer, if you've bought an
item/service and you need a tax invoice showing the GST/HST/QST component, please
get in touch with the seller. As a seller, For listings on Korners.ca,
your prices must include GST/HST/QST when applicable. Once bought, you may not
add GST/HST/QST to an item's final value. You hold responsibility for paying
that GST/HST/QST by the applicable laws and regulations.
Disclaimer Of Warranties:
TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW: (1) Korners.ca DISCLAIMS ALL WARRANTIES CONCERNING THE
SERVICE AND ANY PRODUCTS AND THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS, QUALITY FOR A PARTICULAR PURPOSE, DURABILITY,
NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS
SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH
Korners.ca AND ITS AFFILIATES. THEIR RESPECTIVE DIRECTORS, EMPLOYEES,
SHAREHOLDERS, OFFICERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS,
LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED
ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS; AND (2) THE
SERVICE AND ANY THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU BY US ON AN
"AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES BY Korners.ca OF ANY KIND, WHETHER EXPRESS, IMPLIED,
LEGAL OR STATUTORY.
General Terms:
This Agreement does not, and shall not
be construed to, create any partnership, franchisor-franchisee, joint venture,
agency, or employer-employee relationship between you and korners.ca. Suppose
any provision of this Agreement is found to be unlawful, void, or
unenforceable. In that case, that provision will be deemed severable and will
not affect the validity and enforceability of any remaining provision. You may
not assign, transfer or sublicense any or all of your rights or obligations
under this Agreement without our express prior written consent. We may assign,
transfer or sublicense any or all of our rights or obligations under this
Agreement without restriction. No waiver by either party of any breach or
default under this Agreement will be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption, or section title contained
herein is for convenience only and in no way defines or explains any section or
provision. All terms defined in the singular shall have the same meanings when
used in the plural, where appropriate, and unless otherwise specified. Any use
of the term "including" or variations thereof in this Agreement shall
be construed as if followed by the phrase "without limitation." This
Agreement, including any terms and conditions incorporated herein, is the
entire agreement between you and Korners.ca relating to the subject matter
hereof and supersedes any prior or contemporaneous written or oral agreements
or understandings between you and Korners.ca pertaining to the such subject
matter. We will notify you (including notices of changes to this Agreement) by
posting to the Service, e-mail (including in each case via links), or by
regular mail. Without limitation, a printed version of this Agreement of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Korners.ca will
not be responsible for failing to fulfill any obligation due to any cause
beyond its control.