Terms of Use
These terms of use explain how you may use www.thelocalcollective.com and all associated web pages (collectively, the “Site”). The Site is owned and operated by The Local Collective Ltd. (LOCAL) through a third party online web development and e-commerce platform (third party platform).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. By visiting the Site, you are agreeing to be bound by the following terms and conditions (Terms of Use). If you do not agree with or accept all of the Terms of Use, you must cease using the Site immediately. Local reserves the right to terminate access to the Store (as defined below) or the Site for any breach of the Terms of Use.
LOCAL reserves the right to make changes to the Site and to the Terms of Use at any time, in their sole and absolute discretion. LOCAL also reserves the right, at any time, to modify, discontinue (temporarily or permanently) your use of the Site, without notice. Your continued use and access to the website constitutes your agreement to follow and be bound by the Terms of Use. Your only right or recourse with respect to any dissatisfaction with these Terms of Use, or any policy or practice of LOCAL, or any Content (as defined below) available through the Site or Store, is to immediately cease using and visiting the Site.
PROHIBITED USE
You must be 18 years or older, or at least the age of majority in the jurisdiction where you reside or from which you place an order through the Site’s online store (the “Store”).
The Site may only be used for lawful purposes. You shall not use any of the products purchased from the Store or any Content for any illegal or unauthorized purpose, and any use of the Site, the Store, the Content, or any products purchased from the Store shall be in compliance with applicable laws in your jurisdiction.
PROPRIETARY RIGHTS
The content of the Site including, but not limited to graphics, text, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, and any other information whether obtained by LOCAL through a third party licensor or otherwise (collectively, the “Content(s)”) is protected by Canadian and foreign copyright, trademark, and other intellectual property laws.
For greater certainty, The Local Collective is a trademark of LOCAL and shall not be used without prior written consent.
All of the Contents are the property of LOCAL or their respective owners, and nothing on this Site shall be construed as granting any license or right to use the Contents without LOCAL or its licensors’ prior written consent.
PRODUCT & PRICING INFORMATION
LOCAL has made every effort to display their products (including colour, shape, size, and descriptions) as accurately as possible. Products displayed may be out of stock or discontinued, and prices are subject to change (in LOCAL’s sole and absolute discretion). LOCAL is not responsible for typographical errors regarding price or any other matter.
WHILE LOCAL ATTEMPTS TO PROVIDE ACCURATE DESCRIPTION OF AVAILABLE INVENTORY AND ACCURATE DESCRIPTIONS OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, LOCAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF SUCH DESCRIPTIONS. PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES.
SECURITY & PRIVACY RULES
The violation of system or network security may be subject to civil and/or criminal liability. This may include accessing data that is not intended for you; attempting to probe, scan, or test the vulnerability of the Site or the third party platform’s service; or attempting to interfere or interfering with the Site and the Store.
The personal information that you submit to LOCAL on the Site is governed by LOCAL’s Privacy Policy.
DISCLAIMER & LIMITATION OF LIABILITY
You agree to use the Site on an “as is” and “as available” basis. Except as otherwise expressly required by law, LOCAL makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Site, the Content, the Store, or any products purchased from the Store, including (as above) any warranties as to completeness, accuracy, currency, or fitness for a particular purpose. LOCAL does not warrant that the use of the Site will be uninterrupted or error-free, or that the Site or use of the third party platform will be free of viruses or other harmful components.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, LOCAL SHALL ONLY BE LIABLE FOR DIRECT DAMAGES AND SHALL NOT, IN ANY CIRCUMSTANCES, BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE), WHETHER ARISING IN TORT, CONTRACT, BREACH OF A STATUTORY DUTY, OR OTHERWISE, EVEN IF LOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT LOCAL IS LIABLE FOR DIRECT DAMAGES, SUCH LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000.00 CAD) OR TO THE MAXIMUM PERMITTED BY LAW.
INDEMNITY
You agree to defend, indemnify, and hold LOCAL, its officers, directors, employees, agents, representatives, licensors, and partners harmless from and against any and all losses, damages, claims, actions, demands, liabilities, settlements, and costs and expenses (including without limitation reasonable legal fees and accounting fees) resulting from your use of the Site, the Contents, the Store, or your violation of these Terms of Use.
THIRD PARTY LINKS
The Site may contain links to third party websites, which may have privacy policies of their own. We are not responsible for the content or privacy policies of any third party websites, and we encourage you to review the policies of all third party websites. You are responsible for complying with the terms of use of those third party websites while you are visiting them.
GOVERNING LAW
These Terms of Use will be governed by the laws of the province of Ontario or the laws of Canada, as applicable, unless the applicable laws of the province of your residence require that the laws of such province govern. The exclusive jurisdiction for settling any claim, action, or dispute involving LOCAL relating to your use of the Site or a purchase made at the Store shall be in the courts of the province of Ontario (and more specifically in the City of Toronto).
MISCELLANEOUS
These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and LOCAL with respect to use of the Site, the Store, and the Contents.
Changes to the Terms of Use will be made by posting revised Terms of Use on the Site itself, and LOCAL has no obligation to notify you of changes to the Terms of Use.
We seek to make this Site as accessible as possible. If you have any questions or concerns with the Terms of Use, please contact here.
Privacy Policy
THE LOCAL COLLECTIVE (LOCAL) respects your privacy. By using our web site and purchasing our products you consent to the collection of your personal information. Below is a guideline of how we will collect, use, and protect your information.
BY USING OUR SITE, YOU AGREE WITH THE TERMS OF THIS PRIVACY POLICY. WHENEVER YOU SUBMIT INFORMATION VIA OUR SITE, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. PLEASE BE SURE TO READ OUR ENTIRE PRIVACY POLICY BEFORE SUBMITTING INFORMATION TO OUR SITE.
WHAT INFORMATION DO WE COLLECT?
(1) When you browse our web site, we collect anonymous information to track the pages visited, items clicked on, and time spent on each page. This is generic user information and will not be linked back to a specific user of the site.
(2) When you sign up for our newsletter, you provide your name, email address, and any additional information you fill out. This information is stored on a secure site and will never be distributed.
(3) When you complete a transaction with LOCAL, your information is gathered and saved online. This information will never be used, other than your email address, if you have indicated that you would like to receive newsletters from LOCAL.
WHY DO WE COLLECT YOUR INFORMATION?
We are always striving to better serve our customers. We collect non-personal data to see what items sell well. When customers have authorized us to send them marketing material, we are able to send personalized newsletters and information that is more tailored to what our customers want.
Information is also collected to:
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Meet legal requirements
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Manage transactions, from bill of sale to shipping orders
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Contact customer if there are any issues with their order
CONTROL OF PERSONAL INFORMATION
Users will always have the ability to opt out of emails and remove their information from our database, if requested.
HOW PERSONAL INFORMATION IS STORED
Personal information is stored on our secure server or with an authorized third party. The third party is a database only and will never contact you. If you wish to update or change your personal information you can email us at here.
CONTACT US
If you have any questions or concerns, please feel free to email us at here.
This Privacy Policy is intended to comply with the provisions of the Personal Information Protection and Electronic Documents Act (Canada).