Millions Of Shoppers Can’t Wait To See
What You Have In Store
1.0 LIABILITY AND INDEMNITY – BETWEEN US AND YOU
1.1 We provide the LABRASKI Market services, not the items on the LABRASKI Market sites.
1.2 You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of LABRASKI Market and any content you post to LABRASKI Market (including, if you are a Store Owner, your items).
1.3. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
• the items on LABRASKI Market;
• information provided by Store Owners about their items (including on any item page); and
• your use of items from LABRASKI Market.
1.4. Our liability to you in connection with LABRASKI Market or these terms, in contract, wrongdoing (including negligence) or otherwise, is limited as follows:
• we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
• our total liability to you is limited to the greater of CAD $100.00 and the total buyer fees paid (Commission) by you in the 3 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so, you agree to cooperate with us.
2.0 LIABILITY AND INDEMNITY – BETWEEN STORE OWNERS AND BUYERS
2.1. Each Store Owner/ Vendor grants to each buyer of the store owners items a limited indemnity on the following terms:
• if another person makes a claim against a buyer that the buyer’s use of LABRASKI MARKET in accordance with the terms stated herein, infringes the right of the Store owner or other rights of that third party; and
• if that buyer promptly notifies the store owner of the claim and gives the store owner the option to control the defense of the claim (at the store owner cost), then the store owner will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the store owner regarding that claim.
2.2 The liability of each Store owner to their buyers is otherwise limited, for each item purchased, to the store owner’s earnings from the payment for that item, except to the extent that the store owner’s liability arises from wilful misrepresentations made about the item. This means that the Store Owner’s liability to buyers is limited.
3.0. LABRASKI AVAILABILITY
We strive to have LABRASKI Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access LABRASKI Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change certain aspects of how the LABRASKI Market looks or works. The LABRASKI Market will not be liable to you for any loss you suffer as a result of these things.
4.0 THIRD PARTY
If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have the full legal authority to bind that third party.
5.5. CONSUMER LAWS
In some places, there may be non-excludable warranties, guarantees, or other rights (‘non-excludable consumer guarantees). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and Store Owners are bound only by the express warranties made in these terms. Our and each Store Owner’s liability for breach of a non-excludable consumer guarantee is limited, at our or the Store Owner’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee.
6.0. BLOCKING A MEMBER
Disabling an account or refusing to process a payment. We may block you, terminate any of your LABRASKI Market accounts, or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your LABRASKI Market account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (the Canadian government or Law enforcement agency); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members.
You warrant that both your Physical and Online Stores are not sanctioned and are not on a sanctioned person list. You also warrant that you will not sell sanctioned goods and or services on the LABRASKI market. You also warrant that you will not purchase items on LABRASKI Market using funds sourced from sanctioned means and countries. We may also block members if we can’t make payments to or from their accounts. You should check what payment methods are available in your province for making payments as a buyer or for withdrawing earnings as a Store owner. We may take any of the actions stated in this section without notice and against all of your LABRASKI Market accounts you use on other LABRASKI Market. If required by law we may forfeit existing deposits or earnings.
As our sites are across all Canada, there are different laws that may apply and these may restrict our relationship with you.
7.0 RELATIONSHIP BETWEEN THE PARTIES
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment, or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your LABRASKI Market account email address.
8.0 CONTENT REMOVAL
We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid complain from a member and nonmember. If we think that the content or item is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the LABRASKI Market and any content might result in liability to us or anyone else.
9.0. CHANGES TO LABRASKI MARKET TERMS
We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your LABRASKI Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use LABRASKI Market sites after the changes are made, then you will be agreeing to the changes.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
11.0 APPLICABLE LAWS
We control and operate LABRASKI Market from Calgary Alberta. The laws of Alberta govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.