PLEASE READ THESE TERMS OF USE OR “USER AGREEMENT” CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY THE LESLIEVILLE FLEA INC. (“LESLIEVILLE FLEA”).  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AND ALL SERVICES PROVIDED BY LESLIEVILLE FLEA ON THIS SITE.

1. LESLIEVILLE FLEA IS A VENUE

Leslieville Flea acts as a venue to allow users who comply with its policies to offer, sell and buy certain goods via their online platform.  Leslieville Flea is not involved in the transaction between buyers and sellers.  As a result, Leslieville Flea has not control over the quality, safety, morality or legality of any aspect of the items listed; the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

By using the Leslieville Flea site, you acknowledge that Leslieville Flea cannot ensure a transaction between a buyer and a seller will be completed.  Consequently, Leslieville Flea cannot and does not transfer legal ownership of an item from a seller to a buyer.

Leslieville Flea cannot verify the information provided by its users in any potential transaction and recommends direct communication with sellers or buyers at the conclusion of a potential transaction.

By using this site, you fully acknowledge that the Leslieville Flea has no ownership rights in any items or goods listed on the site and is not responsible or liable for any content or information regarding any item or goods listed including its existence, quality, legality or safety, as well as the truth or accuracy of any users’ content or listings.

Regardless of the above paragraphs, if Leslieville Flea is found liable to a user or a third party such liability shall be limited to the amount of the fee in dispute or $100.00, whichever is greater.

 

  1. USER ELIGIBILITY

Users of the Leslieville Flea site and its services is restricted to, and may only be used by, individuals who are 18 years of age or older and can form legally binding contracts under applicable law.  All users represent and warrant that they are 18 years of age or older and that all registration information submitted is true and accurate.  Leslieville Flea may, in its sole discretion, limit, restrict or refuse to offer access to or use of its site to any person or entity and may change its eligibility requirements at any time.

If you are registering as a business entity or individual, you personally guarantee that you have the authority to bind the entity to this Agreement.

All users further agree to comply with all local laws regarding online conduct and acceptable conduct as well as Leslieville Flea’s terms, conditions, policies and procedures as set out on the site and updated from time to time, which are herein incorporated by reference.

Users are responsible for all applicable taxes.

 

  1. USER NAME AND PASSWORD

All users of the Leslieville Flea site gain access through the use of a user name and password.  You are solely responsible and liable for the use or misuse of your user name and password and any and all activities that occur under your user name and password.  For security reasons, it is recommended that you keep your user name and password confidential and not disclose them to any other person or allow any other person to use your user name or password, excepting a representative of Leslieville Flea.

 

  1. ACCURACY OF INFORMATION

Leslieville Flea relies solely on the information that users provide through the use of this site, including registration information ie. name and email address, payment information, ie. credit card number and expiration dates and/or paypal account numbers, and other transaction related information which must be true, accurate, current and kept up to date.  It is your responsibility to keep your information accurate and up to date and to update your information immediately.  You will be responsible and liable for any loss, damage or additional cost that you or a third party may incur as a result of your submission of any false, incorrect or incomplete information whether initially upon registration or your failure to update in a timely manner.

Additionally, you may not transfer or sell your Leslieville Flea account to any other person or party.  

Leslieville Flea reserves the right to cancel or refuse service to incomplete or inactive accounts or those that have been temporarily or indefinitely suspended as outlined further in this Agreement.  Leslieville Flea, additionally, reserves the right to refuse service to any one at any time for any reason.

 

  1. USE OF THE SITE: BUYERS AND SELLERS

While Leslieville Flea is not responsible or liable for the content of the listings and cannot guarantee the accuracy, quality, safety or legality of the items listed, it herein provides its policy guidelines for use of the site and its services.

All items listed on the site must be for sale by way of a fixed price format.  Sellers hereby represent and warrant that by listing an item or good for sale that you have complied with all terms, conditions, policies and guidelines of Leslieville Flea.  You further represent and warrant that you have all right and interest to legally sell the item or good; that the sale of your item or good will not violate any laws, third party rights or the Leslieville Flea Agreement.  You represent and warrant that any item or good listed is truthful and accurate in its description, for which you are legally responsible, and is not an item or good that is stolen, counterfeit or illegal.  You are responsible and liable for all content, information graphic or written concerning any item or good listed for sale or auction.

Leslieville Flea reserves the right to refuse any listing of an item or good in its sole discretion for reasons including but not limited to:

-the posting of false, misleading, defamatory, libellous, or obscene content;

-the posting of content that violates or infringes upon third party rights such as copyright, patent, trademark or other proprietary or intellectual property right of publicity or privacy;

-the posting of content that is or can be construed as false advertising, that is unlawfully threatening or unlawfully harassing or is meant to impersonate a person or business entity or to pass off, by association, with any other user, trade or business, whether a user or not by means of the use of similar email addresses, nicknames or user names or the creation of false accounts;

-the posting of any item or the completion of any transaction using Leslieville Flea services that, by paying any fee for services to Leslieville Flea could cause the Leslieville Flea to violate any statute, regulation, by-law or any other applicable law.

Leslieville Flea does not claim any proprietary or ownership rights in the content of your listing, including text, graphics or photographs.  As such users listing on this site grant to Leslieville Flea a license for use of any of your content over which you may have copyright or proprietary interest.  You therefore grant to Leslieville Flea a non-exclusive, worldwide, perpetual, irrevocable, royalty free and sub-licensable right to exercise the copyright, publicity and database rights in the content you provide.  This right to license and its exercise thereof includes the content provided in any media now known or may become known in the future.

As part of the transaction, you, the seller, agree to keep the personal information of buyers confidential and for use only in the completion of the transaction or other related communication with Leslieville Flea.  You are not granted any license in that personal information for any other commercial use.  In addition, you not granted any license or permission to use such personal information to add any Leslieville Flea user to your e-mail or physical mailing lists.

By listing on Leslieville Flea, you agree to pay Leslieville Flea’s fees and assume full responsibility and liability for the content of your listing and to accept all terms and conditions for listing on this site.  

Users of Leslieville Flea who make a commitment to buy a product from a seller on the site agree that you have read the listing in full for any item or good, including any special instructions from the seller and that you have done so prior to making a commitment to purchase.  Unless otherwise stated, committing to buy an item or good listed on Leslieville Flea, you are committing to buy that item or good from the seller.  If you make a commitment to buy you are entering into a legally binding contract with the seller and you are obligated to make that purchase.

  1. FEES AND BILLING

Sellers (within the context of this site known and described as vendors) must pay a membership fee as chosen by the seller at the time of registration. The membership fees are automatically renewed. Sellers will receive a reminder one month and one week prior to renewal that their membership will be automatically renewed. Once the membership has been renewed, sellers are committed to paying the membership fee. There will be no refunds.

Buyers must pay for product chosen. Shipping and handling charges, if included by the seller, retail sales taxes, GST or HST are not included.  All invoices for fees are calculated using Canadian dollars.

If you fail to pay your account including late fees and penalties, Leslieville Flea may suspend or terminate your account.  You remain responsible for all fees, late fees and penalties regardless of the status of your account.  Leslieville Flea further reserves the right to employ other collection methods including, but not limited to, the use of collection agencies or legal `counsel.

  1. PROHIBITED USES

Users of the Leslieville Flea site are solely responsible for all conduct and activities on the site including the posting of any and all information, data, text, usernames, graphics, images, photos, videos, audio and links, collectively known as Content.

Content and your use of the site shall NOT:

-Be false, misleading or inaccurate;

-Be fraudulent or attempt to sell counterfeit or stolen items or goods;

-Infringe upon any third party’s copyright, trade mark, trade secret, patent or other proprietary right or intellectual property right including privacy, personality and publicity;

-Violate this Agreement or any applicable law including, but not limited to, consumer protection laws, product safety laws, anti-trust laws,  sale of goods laws, customs and excise legislation;

-List items that may be considered hazardous by appropriate governing bodies and/or may be subject to recall;

-List or post Content that is obscene or contains child pornography;

-Interfere with other users of the site including trade or businesses;

-Download or effect to be downloaded code that is injurious to this site or any of its users or to attempt to obtain data, personal or business by the transmission of code or software designed to intercept such data;

-All other prohibitions that are listed in this Agreement and are incorporated by reference to this section.

  1. NOTICES OF INFRINGEMENT

Leslieville Flea will respond to notices of alleged infringement of intellectual property rights and copyright in accordance with all applicable Canadian laws.

  1. PRIVACY

Except as explicitly stated by you, Leslieville Flea will not sell or rent your personal information to third parties.  We use your personal information only in accordance with our Privacy Policy.  Leslieville Flea stores its collected information on computers that are protected with both physical and technological security.

By completing the registration form, you agree that you have read our Privacy Policy, incorporated by reference into this Agreement, and further agree that it is reasonable and you consent to the use, collection and disclosure of your information in accordance with the Privacy Policy.

  1. INDEMNITY AND HOLD HARMLESS

You agree to hold harmless Leslieville Flea, its agents, employees, directors and officers from any and all claims, demands, losses, actions or applications, including reasonable attorney fees, and further indemnify for such claims, losses, actions or applications brought by third parties for your breach of this Agreement, any terms and conditions incorporated by reference to this Agreement or any violation of applicable law or the rights of such third parties.

  1. NO AGENCY OR WARRANTY

No agency is created by this Agreement.  Leslieville Flea and you are independent contractors.  There is no intention to create any legal relationship of employer-employee; agent and principal; franchisor-franchisee, nor a partnership or joint venture.

Leslieville Flea operates its site as a venue and offers no warranty, express, implied or statutory and specifically disclaims any warranty of title, merchantability, performance, fitness for a particular purpose and non-infringement.  Further that no information obtained from Leslieville Flea shall create any such warranty.

  1. LESLIEVILLE FLEA’S INTELLECTUAL PROPERTY

Leslieville Flea, its graphics, designs, logos, scripts, business marks etc. are the property of Leslieville Flea and cannot be used in any manner for trade or service that is likely to cause confusion to the public.

  1. NOTICES

Legal notices shall be sent via email to to Leslieville Flea Inc.’s email address; Leslievilleflea@gmail.com. All notices shall be deemed accepted 5 days after mailing.

  1. FORUM

This agreement shall be interpreted and construed in accordance with the laws of Canada and the Province of Ontario, as applicable.

  1. SEVERABILITY

If any provision of this Agreement shall be held to be unenforceable, then such provision shall be modified or altered to reflect the parties’ intentions.  Such unenforceability shall not effect other provisions of this Agreement.

  1. DISCLOSURES

This site is operated by Leslieville Flea Inc.

 

Version updated December 2015