TERMS OF SERVICE

1.0 ACCEPTANCE OF TERMS

This User Agreement is a legally binding agreement between you and LABRASKI (also referred to as “Website” in this agreement). If you do not agree to the Terms, do not access, browse, or use the Website.

2.0 SERVICES OF LABRASKI

2.1 Access to the Site is provided to all users free of charge.
2.2 LABRASKI, in its sole discretion, may terminate your license to use the Website if you have violated any of the policies and rules set out in this Agreement and for any reason without prior notice to you. You acknowledge and agree that LABRASKI may immediately terminate your further access to the Website. LABRASKI will not be liable to you or any third party for any termination of your access and/or use of the Website.
2.3 You must be at least 18 years old to buy on this Website. Individuals under the age of 18 must at all times use LABRASKI’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
2.4 You agree to comply with all local laws/regulations regarding online conduct and acceptable content. You are responsible for all applicable taxes.
2.5 You agree that LABRASKI 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 LABRASKI. You use the LABRASKI service at your own risk.
2.6 You agree to not create or use scripts or programs outside of the implemented website functionality to automatically log in, add or edit products and categories or make other store adjustments.
2.7 You agree to remain professional with your customers, other merchants, and our support team and do not use derogatory or offensive language.

3.0 TRANSACTIONS BETWEEN BUYERS AND SELLERS

3.1 Through the Site, LABRASKI provides an electronic web-based platform for exchanging information between buyers and sellers of products and services. LABRASKI does not represent the seller nor the buyer in specific transactions. As a result, LABRASKI does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on its website or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
3.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. LABRASKI uses several techniques to verify the accuracy of the information our users provide us when they register on the website. However, because user verification on the Internet is difficult, LABRASKI cannot and does not confirm each user’s purported identity.
3.3 Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, such risks shall include but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Each User agrees that LABRASKI shall not be liable or responsible for any damages that may arise as a result of or in connection with any transaction risks.

4.0 UPLOADING/ POSTING INFORMATION ON LABRASKI

4.1 You must be a Registered User in order to post information on the Website.
4.2 You must provide accurate and verifiable contact information when registering on the Website. You must keep your account information up to date and accurate at all times.

4.3 BASIC REQUIREMENTS
All texts must be in English
All prices must be in CAD OR US dollars and >= $0.2
The sellers must be able to ship throughout the Canada and United States.
If paid through PayPal/Direct Credit Card Checkout the sellers must ship within 5 business days after the payment clears. Exemptions from this rule are cases when you ship custom-made items or items that require time to be produced.
If you are using PayPal or Direct Credit Card Checkout, the accounts associated with these services must be active and normally working.

4.4 CONTENT REQUIREMENTS
Do not include promotional or boilerplate text in your product titles and descriptions. All text should directly describe the product. Texts related to shipping, handling, or store policies must not be included.
Do not invite the users to pay through payment methods not supported and integrated by LABRASKI.
Do not advise or instruct users to go to other sites to complete the transaction
Do not upload logo images or other generic images such as “image not available” images for your products.
Shipping must be set up in the store to all locations that are selected in the shipping zones. It is not allowed to request shipping or additional costs after an order has been placed. The buyer should have the full cost upon checkout.
Listed products must be relevant, clear, accurate, and descriptive of the products offered.

4.5 WHAT IS NOT ALLOWED TO POST?
• Body parts & organs
• Pirated materials and products
• Copyrighted or trademark materials (images & texts)
• Counterfeit Designer Items (replicas or imitation of designer products)
• Fake Documents
• Illegal Goods and Services
• Personal Information about another individual
• Prescription drugs and products that require a prescription
• Supplements, drugs, and items that the FDA has issued a warning or recall
• Prostitution
• Currency Exchanges
• The same or very similar content several times (even in different categories or related stores)
• Multiple listings of the same item are not allowed. Listing items in lots with a different price per item in lots is not allowed. Each item should be listed only once. The exception for this is that paying merchants are allowed a maximum of 5 lots per item.
• Mis-categorization – all items must be listed in an appropriate category
• Meaningless title & description
• Test items unless your store is put on-hold
• Free items and items with prices that are not “real”
• Items that are not for sale
• Pre-order items
• Firearms & ammunition, stun guns, bb guns, pellet guns, blowguns, dart guns, and illegal knives
• Firearm parts, stun gun parts, bb gun parts, and pellet gun parts
• Tobacco, cigars for smoking, e-cigarettes, cartridges for e-cigarettes, e-liquid, other smoking-cessation devices, vaporizers and diffusers used for any type of smoking or oral inhalation, any smoking device or smoking-related item (unless the item is a collectible item only)
• Live animals
• Items made from wild or exotic animal skins (even if farm-raised) and taxidermy items of wild or exotic animals; including, but not limited to any animal endangered or threatened under the US Endangered Species Act
• Items from drop ship service networks
• Modchips, modchips accessories, or other devices designed to circumvent copyright protection
• Illegal drugs and drug accessories
• Signal jammers or products that descramble cable and satellite signals
• Coupons and vouchers (unless the item is a collectible item)
• Listing for upgrades, postage, insurance, shipping, etc.
• Listings for upgrades to another product
• Falsified orders to create or generate false feedback. All orders must be placed by the actual buyer only
• Setting minimum purchase requirements (for minimum quantity or amount)
• Lottery tickets, fast-food game pieces, and codes and coupons for sweepstakes, raffles, or drawings offering the chance to win something.

5.0 GUIDELINES AND ACTIONS WE MAY TAKE

5.1 All products uploaded with stock images may receive a lower rank in LABRASKI searches and categories in the main LABRASKI marketplace. In addition, only products from merchants who enabled PayPal, Stripe, or both as a payment option(s) are listed in the main marketplace. Merchants with a past due amount of marketplace cost might not be listed in the main marketplace and in Google Shopping.
5.2 LABRASKI reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject LABRASKI to liability, violates this Agreement, or is otherwise found inappropriate in LABRASKI’s opinion. In connection with any of the foregoing, LABRASKI may suspend or terminate the account of any user as LABRASKI deems appropriate in its sole discretion.
5.3 LABRASKI reserves the right to ask you for additional information for verification purposes at any time. Such information might include a photo of ID, passport, utility bills, purchase receipts, tracking numbers, or other proofs of shipment. If you receive such a request from us, you must respond with the required information in the outlined time frame. If you fail to do so, LABRASKI may suspend or terminate your account, including all related accounts that we find.
5.4 LABRASKI reserves the right to reverse a transaction and/or notify the processor in case you are engaged in fraudulent activities, do not ship orders and do not respond to our requests for order status.
5.5 If a store has been suspended for more than 90 days, we may completely delete all store content including products, images, categories, and texts.
5.6 If you have not logged in to your LABRASKI account for more than 1 year, you may receive an email from us asking you to log in within a specified period of time (usually at least 2 weeks). If you fail to log in within the outlined time frame, we will consider your store abandoned and will completely delete part or all of your store content including products, images, categories, and texts.

6.0 ORDER REVERSALS

When a reversal is completed, the funds are returned to your customer’s card, financial account, or other funding sources. You explicitly authorize LABRASKI to reverse your LABRASKI orders on your behalf in the following cases:

6.1 When LABRASKI emailed you a request for order status, and you have not responded to it with tracking number, proof of shipping, or acceptable explanation in the outlined time frame, and at least 5 business days since the order was paid to date have passed. Exemptions from this rule are cases when you ship custom-made items or items that require time to be produced.
6.2 When you already have related accounts (or accounts) for which the above 6.1 conditions apply. In this case, LABRASKI may refund the transaction right away, without sending you additional order status requests.
6.3 When we have records that you are involved in fraudulent activities.
6.4 LABRASKI can only reverse your LABRASKI orders.

7.0 PREMIUM SERVICES

Our premium services include custom domains and premium templates. They are offered at an additional cost.
7.1 Each premium service comes with a free trial period so you can try it for free and see if it fits your needs.
7.2 If you paid for a premium service and changed your mind no later than 14 days from your payment date, we will be happy to refund you.
7.3 No refunds will be issued after 14 days from your payment date

8.0 PRIVACY POLICY

By accepting these terms, you are confirming that you have read and understood how and why we use your information. If you don’t want us to collect or store your personal information in the ways described in this policy, you shouldn’t use our service.

8.1 INFORMATION WE COLLECT AND STORE
If you are a merchant, when you register, we collect and store your username, full name, address, city, state/province, zip/postal code, country, phone, and email. Only your username, city, and state will be publicly displayed. If you prefer, your product pages to not show your city, you can enable this option in menu Options.
If you are a buyer, we collect and store your name, address, phone (if provided), and email address. This information is not publicly available and it is available only to the merchant you ordered from with the sole purpose of shipping your order and/or contacting you in regards to your order.

8.2 DISCLOSURE OF YOUR INFORMATION
We do not release your personal information to third parties. However, LABRASKI may disclose the User’s identity and contact information, if we suspect that the seller created a fraudulent store, or if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and LABRASKI shall not be liable for damages or results thereof and User agrees not to bring any action or claim against LABRASKI for such disclosure.

8.3 MERCHANT’S RESPONSIBILITIES
If you sell on this Site, this means you process personal information (for example, buyer name, email address, phone and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Site. You are responsible for protecting your buyer’s personal information you receive and complying with all relevant legal requirements when you use the Site. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure.

For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for LABRASKI related communications or for LABRASKI facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, you may not add any LABRASKI buyer to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information.

8.4 RETENTION OF INFORMATION
LABRASKI will retain your information as long as your account is not deleted. If you no longer want LABRASKI to use your personal information, you may close your account and contact us through our contact link located at the bottom of every page. LABRASKI will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In addition, LABRASKI sellers may also be required to retain and use your information in order to comply with their legal obligations. Please note that closing your account will not free up your email address and username for reuse on a new account.

8.5 GENERAL DATA PROTECTION REGULATION (“GDPR”)
We are located in the United States and we transfer your personal data for processing and storing in the United States. Our merchant interface provides you with a way to view/change your personal information (menu Account Info). You may also contact us through the contact link located at the bottom of every page and request access to your personal information. Please note that you will be required to submit additional information to prove that you are an EU citizen.

9.0 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LABRASKI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.

10.0 LIMITATION OF LIABILITY

YOU AGREE THAT LABRASKI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE.

11.0 GOVERNING LAW AND REGULATION

This Agreement shall be interpreted and construed according to, and governed by, the laws of CANADA AND the UNITED STATE, excluding any such laws that might direct the application of the laws of another jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located within the county of CANADA AND the UNITED STATE to resolve any legal matter arising from the terms.