Terms

TERMS OF USE AGREEMENT

Introduction and 4 Social’s Role

Welcome to 4 SocialLocal.com (a division of 3^rd Sector Network Inc.). 4 Social owns and operates an online directory and marketplace that promote social enterprises to connect with, and sell to, consumers.

2. Application and Incorporation by Reference

This Terms of Use Agreement (the “Agreement”) sets out the terms and conditions upon which users can use the services (the “Services”) provided from time to time by 4 Social (“4 SOCIAL VERIFIED”).

By using the 4 Social website (the “Website”), or establishing an account with 4 SOCIAL or by using any of the Services provide by 4 SOCIAL, you acknowledge and agree that:

You read and understood this Terms of Use Agreement (the “Agreement”) and the documents referenced herein including (without limitation) the Website Terms of Use, the Privacy Policy, and the Cookie Policy;
You agree to be bound by Agreement and the documents referenced herein including (without limitation) the Website Terms of Use, the Privacy Policy, and the Cookie Policy;
You agree to keep your password and account login strictly confidential; and
You will be liable and responsible for all transaction processed using your account.

3. Registration

Before using any Service you may be required to register and as part of that registration process you may be required by 4 SOCIAL VERIFIED to provide information beyond the information set out in the registration form(s) (the “Additional Information”) about yourself, the organization you represent, the products and/or services you provide/sell and the ownership structure. 4 SOCIAL VERIFIED reserves the right, in its sole and absolute discretion, and without any prior notice, to refuse your application to use any or all of the Services and/or terminate or suspend your continued rights to use any or all of the Services.

4. Company and/or Organisation Information

As part of using any services and accessing our Site and Assessment, you are consenting to the information collection and use practices described here.

As a user, your company or organization information entered into the 4 Social Assessment and Authentication process is considered confidential and 4 Social Local will take reasonable precautions to protect such confidential information. 4 Social Local, its affiliates, associates or its contractors may use the information you submit through the 4Social Assessment and Authentication process to develop and validate the information provided as part of the Assessment and Authentication.

Alternatively, 4 Social reserves the right to share aggregated and anonymous data on analytics and with its affiliates, contractors and partners, with academics, and in publications based upon data submitted through the process and system identified. When aggregated in this way, 4SocialLocal will use commercially reasonable efforts to ensure that data on the Company or Organization does not appear with identifiable information. Notwithstanding 4 SocialLocal’s efforts, it is possible that partners, academics, readers or other users would be able to determine the identity of the Company based on the anonymous information. Except as otherwise provided in this agreement, 4 Social shall have no liability to the Company or any other person in the event any person is able to determine the identity of the Company based on anonymous or aggregated information.

In the event you have indicated that you are affiliated with, or a member of, one of our Authentication Partners, 4 Social reserves the right to share information with our Authentication Partners (organizations that 4 SocialLocal.com has entered into a relationship into with regards to the 4 Social Authentication and Assessment. Data that is shared with our Authentication Partners are subject to the privacy policies of our partners.

4 SocialLocal site users are responsible for the content and material entered unto the site. 4 SocialLocal does not have responsibility for other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site.

However, 4 SocialLocal reserves the right, which it may or may not exercise in its sole discretion, and without any prior notice, to review, edit, or delete other Content that 4 SocialLocal deems to be illegal, offensive, or otherwise inappropriate.

5. Accuracy or Completeness of Content

This Web Site Content contains information, such as statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. The Content displayed on the Web Site, including, but not limited to, reports and other opinions or statements, is current as of the date appearing on the report and is subject to change without notice. 4 Social does not guarantee or warrant the accuracy or completeness of any information (including, but not limited to any ratings) you access using the Web Site, and assumes no obligation to update any information following publication

6. Seller Qualifications

All sellers must qualify as a social enterprise or social venture in accordance with criteria established by 4 SOCIAL VERIFIED from time-to-time. Click here for 4 SOCIAL VERIFIED’s current requirements to qualify as a “social enterprise” or “social venture”.

By registering to be a seller you are representing and warranting to 4 SOCIAL VERIFIED and the buyers that you do not fall within one of the categories listed below in 3(a), 3(b) and/or 3(c). If you fall within any of the following categories (as determined by 4 SOCIAL VERIFIED in its sole and absolute discretion), you may not use the Website or the Services offered by 4 SOCIAL VERIFIED if:

you are located in and you are not a national or resident of any country to which the Canada, United States, United Kingdom, European Unions or Australia has embargoed goods and/or services (the “Embargoed Countries”);
you are a person or entity under the control of, or affiliated with any person or entity that,
1. appears on the Office of Foreign Asset Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List;
2. appears on the U.S. Department of State’s Terrorist Exclusion List;
3. appears on the Bureau of Industry and Security’s Denied Persons List;
4. appears on the Consolidated List of Targets published by the U.K. HM Treasury;
5. appears on the consolidated List published by the A.U. Department of Foreign Affairs and Trade;
6. is subject to sanctions in any other country; and/or
7. that is engaged in the design, development or production of nuclear, biological, or chemical weapons, missiles or unmanned aerial vehicles.
You are listed in the MasterCard Match terminated merchant database or VISA terminated merchant file.
By registering as a seller, you are representing, warranting and covenanting not to list any product or service on the Website that:

Is pornographic in nature;
Involves or is relating to gambling;
Is fraudulent or criminal in nature;
Involves the sending of money to any other party;
Involves the sale of weapons.

Sellers are solely responsible for:

determining the application of any sales, value added taxes, import tax, duties and other fees and charges;
charging, collecting and remitting the applicable sales, value added taxes, import tax, duties and other fees and charges;
collecting and risk of unpaid accounts;
compliance with all applicable laws;
shipping of goods to applicable buyers;
payment of the applicable commissions and fees charged by 4 SOCIAL VERIFIED for use of the Website and or the services provided by 4 SOCIAL VERIFIED; and
disclosing and complying with its own refund policy (if any).

7. Fees and Payments

The third party payment processor will remit the balance of the purchase price paid by the buyer for a Transaction (less all applicable fees and applicable taxes on such fees) to the seller in accordance with such third party processor’s terms and conditions.

8. Modifications

4 SOCIAL VERIFIED may at any time and from time-to-time modify this Agreement (or any of the documents included by reference including, without limitation, the Website Terms of Use, the Privacy Policy, and the Cookie Policy). Such modifications will be posted on the Website. It is your obligation to check for modifications and to review the modified Agreement. If any of the modifications to this Agreement are unacceptable to you, you must immediately stop using the Website or any services provided by 4 SOCIAL VERIFIED.

9. Language

We may translate this Agreement (and the documents incorporated by reference herein) into other languages for your convenience. If there is a conflict or inconsistency or incongruency between this English version and the translated versions, the English version shall take precedence and govern.

10. Disclaimers

4 SOCIAL VERIFIED IS NEITHER BUYER NOR SELLER OF ANY PRODUCTS OR SERVICES OFFERED FOR SALE BY SELLERS ON THE WEBSITE AND EACH BUYER AND SELLER ACKNOWLEDGES AND AGREES THAT 4 SOCIAL VERIFIED HAS NO LIABILITY FOR ANY SUCH PRODUCTS OR SERVICES NOR ANY PAYMENTS MADE OR REQUIRED TO BE MADE ON ACCOUNT THEREOF.

THE SERVICES PROVIDED BY 4 SOCIAL VERIFIED, THIS WEBSITE AND THE CONTENT ON THIS WEBSITE, AND ANY WEB SITE TO WHICH IT IS LINKED, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY FACT OR LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR WARRANTIES REGARDING THE USE OF THE WEBSITE OR THE CONTENT. 4 SOCIAL VERIFIED DOES NOT WARRANT THAT THE WEBSITE, ANY FUNCTION OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4 SOCIAL VERIFIED EXPRESSLY DISCLAIMS THE DUTY TO UPDATE OR REVISE THE CONTENT OF THE WEBSITE BUT WE MAY MODIFY THE CONTENT AT OUR DISCRETION AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK, AND 4 SOCIAL VERIFIED, ITS AFFILIATES AND SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE.

11. Limitation of Liability

4 SOCIAL LOCAL AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, RESULTING FROM OR CAUSED BY THE WEBSITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION, (1) THE USE OR THE INABILITY TO USE THE WEBSITE, INCLUDING, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE; (2) THE CONTENT, THE USE OF THE CONTENT OR OTHER MATERIAL ON THE WEBSITE; (3) ANY OTHER WEB SITE LINKED TO THE WEBSITE; (4) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE WEBSITE; (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNTS, PASSWORDS, TRANSMISSIONS OR DATA; (6) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (7) ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF THERE IS NEGLIGENCE AND/OR IF 4 SOCIAL VERIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL 4 SOCIAL VERIFIED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT, THIS TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

12. Indemnity

You agree to indemnify and hold 4 SOCIAL VERIFIED and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees due to or arising out of your use of the Website and/or your breach of this Terms of Use, any documents it incorporates by reference, or your violation of any law or the rights of a third party.

13. Termination

4 SOCIAL VERIFIED may terminate this Terms of Use at any time, without notice and may deny you access to the Website, if in our sole opinion, you fail to comply with any term or provision of this Terms of Use or any document incorporated herein by reference. The obligations and the liabilities of the parties incurred prior to the termination hereof shall survive the termination of this Terms of Use.

14. General

(a) This Terms of Use and any document incorporated herein by reference shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario.

(b) The waiver of any provision herein by 4 SOCIAL VERIFIED shall not be considered a waiver of any other provision or of 4 SOCIAL VERIFIED’s right to required strict observance of each of the terms herein. If any provision of this Terms of Use or any document incorporated herein by reference is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

(c) This Terms of Use, the Privacy Policy and the Terms and Conditions of Sale (including the Liability Disclaimer and the Instructions as defined in the Terms and Conditions of Sale) and any other document incorporated herein by reference constitute the entire agreement between you and 4 SOCIAL VERIFIED relating to the Products and your use of the Website (as applicable).

(d) 4 SOCIAL VERIFIED may assign its rights and obligations under this Terms of Use and this Terms of Use will ensure to the benefit of 4 SOCIAL VERIFIED’s successors, assigns and licensees.