Terms for Members

These Terms and Conditions for Membership set out the terms under which Makers (“Members”) sell products and services on localmakershub.ca (“Marketplace”) operated by Local Makers Hub (“us”, “we”, or “our”). Please read these terms carefully and ensure that you understand them before applying for membership to sell on the Marketplace. If you do not agree to comply with these terms, you will not be able to sell on our Marketplace.

We permit the sale handmade items that have been made by you or your business on the Marketplace.  We do not allow items that are not handmade, that infringe on the copyrights of any third party, or promote any type of violence or hate.

We will always reserve the right to remove any listing from the Marketplace that we determine to be in breach our terms. We may also suspend or terminate your membership, without notice, with the Marketplace. All monies due at that point will remain due and payable.

INTELLECTUAL PROPERTY RIGHTS

You agree that you will be solely responsible for your content. You agree that you have the right to submit the content and that it does not infringe on the copyrights of any third party. You will be responsible for any loss or damage suffered by us as a result of such breach.

You retain the ownership of the content that you submit to the Marketplace and all the intellectual property rights in that content. By submitting content to the Marketplace, you grant us an irrevocable, unconditional, non-exclusive, fully transferable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your content for the purposes of operating and promoting our Marketplace.

We may reject, reclassify, or remove any content from the Marketplace where it violates these terms, or if we receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your content is removed, you will be informed of the removal and the reasons for the removal.

Makers must, at all times, respect the intellectual property rights of other makers on the Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission. If you feel that another maker has infringed your intellectual property rights in any way, please contact us immediately at hello@localmakershub.ca

If another party contacts us accusing you of infringing their intellectual property rights, we will contact you to inform you of the complaint. We may remove the content that is the subject of the complaint. If you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes.

MEMBERSHIP RULES

When using our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the following provisions. Specifically:

  • you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the products and/or services you wish to sell);
  • you must not use the Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
  • you must not use the Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
  • you must not use the Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
  • you must always provide accurate, honest information about yourself and any and all items that you are selling on the Marketplace;
  • you must not charge excessively for delivery to Buyers;
  • you must state the price of an item accurately and clearly, and must not change it in order to avoid paying the applicable Transaction Fees; and
  • you must not engage in any form of price fixing with other users (including other makers and/or buyers).

When using our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:

  • is sexually explicit;
  • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
  • promotes violence;
  • promotes or assists in any form of unlawful activity;
  • discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
  • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or is otherwise likely to deceive;
  • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
  • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
  • implies any form of affiliation with us where none exists;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
  • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your access to our Marketplace if you materially breach the above-noted provisions or any of the other provisions of these terms. Further actions we may take include, but are not limited to:

  • removing your products and/or services from our Marketplace;
  • issuing you with a written warning;
  • legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
  • further legal action against you as appropriate;
  • disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  • any other actions which we deem reasonably necessary, appropriate, and lawful.

We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of these terms.

RELATIONSHIP OF THE PARTIES

You understand and agree that you are acting as an independent contractor in the performance of each and every part of this agreement. This agreement does not make either party the employee, agent or legal representative of the other.

MEMBERSHIP FEES AND TRANSACTION FEES

Makers must pay a monthly membership fee in order to list and sell products and/or services on the Marketplace.  Makers will be billed monthly for this fee, with a minimum commitment of three (3) months required.  Membership fees are payable whether or not your membership results in sales.

The current membership fees, as of 01 November 2020, are as follows:

  • Virtual Market Vendor Fee: One-time administrative fee of $40.00 CDN for non-members and $15.00 CDN for members, no commission and no monthly fee.
  • Maker Connect: One-time administrative fee of $50.00 CDN, no monthly fee*
  • Maker Premium: $30.00 CDN per month
  • Maker: $20.00 CDN per month
  • Maker Lite: Free

Makers must provide a valid credit card (Visa, Mastercard, or AMEX) for all monthly fees.  All monthly fees will be paid via PayPal.  If a maker wishes to pay membership fees by electronic funds transfer (EFT), the maker agrees to pay for three (3) months in advance.

Instead of charging transaction fees, Local Makers Hub charges and retains a commission fee for each product and/or service that you sell through localmakershub.ca.  The amount of commission we charge is based on membership level:

  • Maker Connect: 12.5% until $500 in gross sales, then reduced to 5%*
  • Maker Premium: 5%
  • Maker: 10%
  • Maker Lite: 15% 

*The Maker Connect membership tier was launched on 21 August 2020.

VIRTUAL EVENTS

From time to time, we like to run virtual market events, usually following different formats.  To become a vendor at any of our events, you must agree to these Terms.  If your vendor fee is not received by us, in full, on the day that the event launches online, your products will be disabled from our store until payment is received by us.

RENEWAL

Your membership will automatically renew on the 1st day of each month and every month thereafter until cancelled.  At the time of joining, you will be charged a pro-rated fee for the remaining days in the month that you join.

PAYMENT

All Payments on our Marketplace are made through Shopify Payments or PayPal.  By using the payment gateway, you acknowledge and agree to us sharing your personal information and/or information about your transactions on our Marketplace with the third-party payment service provider.

PAYMENTS FROM BUYERS

All payments are processed using the service described above.  When a buyer pays for an item, their payment will be credited to your Account and you will be paid for all of the fees collected (excluding any commission fees) by localmakershub.ca.  We do not charge commission fees when buyers purchase gift cards.  However, when a buyer redeems a gift card online, commissions do apply to those products purchased.

We will not make any buyers’ payment details (including, but not limited to, card numbers, bank account numbers) available to you at any time, or for any reason. All payment details are held securely and shared only with our payment service provider.

PAYMENTS TO YOU

We use an automated system to generate payments to you.  You will receive the total purchase amount less any applicable taxes and commissions payable to us.  We send transfers to your PayPal account upon your order being marked as fulfilled.  We send transfers to your bank account via electronic funds transfer (EFT) on a bi-weekly basis, on every 2nd Friday, unless that day shall fall on a statutory holiday.  In that case, the transfer will be completed on the Thursday preceding the holiday. 

Please note that our system does not release any payments whatsoever until the payment has cleared our bank account.  Please allow up to 4 weeks for payment to be transferred to you if you are using the EFT method.  Our system will automatically send you PayPal payments for each order individually, based on you marking the order as fulfilled.  Although payments are usually processed much quicker, those selecting the PayPal Protection option will add a delay to any transfers owing to you (this applies to all members).

PAYMENTS TO US

Sales reports and commission information will be viewable in your Account in real time.  All sums due will be deducted from your deposit.

If you do not make any payment due to us on time, we will suspend any products you have on our Marketplace and may, in addition, suspend or terminate your membership on our Marketplace. All sums due will remain due and payable.

If you believe that we have charged you an incorrect amount, please contact us at hello@localmakershub.ca as soon as reasonably possible to let us know.

TAXES

Harmonized Sales Tax (“HST”) may be charged to buyers on purchases and to makers on fees payable to us. If you are HST registered, you may be required to charge HST on the items that you sell on our Marketplace.

It is your responsibility to collect and pay applicable taxes on any sales made through our Marketplace. Where any tax forms a part of the price of an item, the tax must be included in the price of the item.

For more information on HST and other taxes, please contact the Canada Revenue Agency.

ORDER FULFILLMENT

You must dispatch items as soon as reasonably possible upon receipt of payment from a Buyer, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customized to order).  Unless your Listing has stated otherwise, or unless the Buyer has agreed otherwise, you must dispatch items no later than 30 calendar days after the date on which the sale takes place.

You must ensure that you dispatch items to the correct address provided by the Buyer. It is your responsibility to ensure that the address that you use exactly matches that provided by the Buyer. Once an item has been dispatched to a Buyer, you must inform the Buyer.

You may also deliver items personally or arrange with the buyer for the buyer to collect items.

It is strongly recommended that you obtain proof of postage or dispatch when dispatching items. Such proof will be important in the event that a Buyer does not receive the item(s) from you.

You must comply with any and all applicable shipping and customs regulations when delivering items to buyers. It is your responsibility to check, be aware of, understand, and comply with all such regulations.

PROBLEMS WITH TRANSACTIONS AND BUYERS’ RIGHTS

While you are responsible for your own policies regarding refunds, exchanges, and returns, you must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that you provide to the buyer, and that matches any samples or models that you have shown to the buyer (unless you have made the buyer aware of any differences). 

Refunds (whether full or partial, including reductions in price) must be issued within 14 calendar days of the day on which you agree that the buyer is entitled to a refund. Any and all refunds must include all delivery costs paid by the buyer when the item(s) was/were originally purchased.

TRANSACTION CANCELLATION RIGHTS

You have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:

  • You and the buyer have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
  • You and the buyer have mutually agreed to cancel the transaction following receipt by the Buyer of the item(s) and the Buyer has returned the item(s) to you;
  • The buyer has not paid; or
  • You have chosen to refuse service to the buyer. 

ENDING YOUR MEMBERSHIP

You may cancel your membership with us at any time by visiting the Membership Plan page on the Seller Dashboard or by sending an email to hello@localmakershub.ca 

Any outstanding sums due and payable to us (including, but not limited to, membership fees and commissions) will remain payable by the original due date and your membership will not be fully closed until all sums due to us have been paid.

OUR LIABILITY

To the fullest extent permissible by law, we accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers.

DATA PROTECTION

As a Maker and seller, you will collect, hold, and process Buyers’ personal information in the course of transactions (for example, buyers’ names, email addresses, and postal addresses). You must have your own privacy policy in place to govern your collection, processing, and holding of Buyers’ personal data. You must only use the personal data of other users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via our Marketplace, and/or to respond to messages from them. You may not add any user to a mailing list, use their data for marketing, or retain any payment details. You may only use another user’s personal data for additional purposes with their consent.

GENERAL PROVISIONS

These Terms constitute the entire agreement between us regarding our Marketplace, and supersede and replace any prior agreements, oral or otherwise, regarding the Marketplace. If any provision of these terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these terms will remain in effect.

We may transfer (assign) our obligations and rights under these terms to a third party (this may happen, for example, if we sell our business).  If this occurs, you will be informed by us in writing.  Your rights under these terms will not be affected and our obligations under these terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these terms without our express written permission.

No failure or delay by us in exercising any of our rights under these terms means that we have waived that right, and no waiver by us of a breach of any provision of these terms means that we will waive any subsequent breach of the same or any other provision.

GOVERNING LAWS

These terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

We operate our Marketplace from our office in Sudbury, Ontario, Canada and make no representations that materials on the marketplace are appropriate or available for use in other locations. Access to the marketplace from any territory where the content is illegal is prohibited.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

CONSENT

By using and accessing this online Marketplace as a Maker and/or Seller, you consent to the terms outlined above.

CONTACT US

If you wish to contact us with general questions or specific complaints, you may contact us by email at hello@localmakershub.ca but if your inquiry is related to a specific product you ordered, please contact the maker directly.

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