LOCALIE Inc. in the province of Ontario, Canada, for the purposes of these terms will be defined as THE OPERATOR.
These terms and conditions of use regulate the contractual relationship, of a commercial nature, that unites Consumers who have access to the virtual platform and the OPERATOR of the same, especially in the authorization of use that the latter grants in favor of the Consumer.
Cookies: Files sent by the website server to the USER’s computer, with the purpose of identifying the computer and obtaining access data, such as browsed pages or clicked links, thus allowing to personalize the use of the website, according to its profile. They can also be used to ensure greater safety for PLATFORM USERS.
Electronic Commerce: Covers the sending, transmission, reception, storage of data messages electronically.
Consumers (users): are the individuals registered on the Internet Platform called LOCALIERS who access it to request a remunerated mandate, whose charge consists of entering into a purchase contract or any other type of lawful contract, in order to acquire goods or services.
Mandate contract signed by electronic means: It is that agreement of wills signed between the Agent and the Consumers, where the Consumer requests, through the Platform, the management of a charge to the Agent, obliging the latter to comply with this charge on account and Consumer risk, the change in receiving remuneration as consideration.
Personal data: It is all information that allows to identify or make identifiable an individual.
Agent: Individual who accepts to manage the charge requested by the Consumer through the Platform.
Interaction on the Platform: Faculty of Consumer access to learn about the products and services displayed by the OPERATOR’s partners, the advertising made available on the Platform and to express their willingness to request a charge.
Age of majority: Individual over eighteen (18) years of age.
Data messages: The information generated, sent, received, stored or communicated by electronic, optical or similar means, as could be, among others, the Electronic Data Interchange (EDI), Internet, electronic mail, telegram, telex and the telefax.
Platform operator: In charge of operating the Platform operationally and functionally, represented for the purposes of these terms by LOCALIE Inc., or by the natural or legal person that it designates.
Means of payments: Service that allows payments made by Consumers directly to Service Representatives, through electronic means, using technological platforms (software), such as card machines.
LOCALIE PLATFORM: web and mobile application managed and with exclusive rights to use in Canada by locALIE Inc., through which: i) different consumer products are displayed in an advertising way, ii) facilitates the rapprochement between Consumers and Representatives, iii) it serves as a means of sending communications between the Consumer and LOCALIE Inc. and iv) it can receive payments for purchases directly from the consumer (on behalf of third parties), with the transfer of money to the Agent. LOCALIE Inc. does not purchase products on its own, does not store products, nor is it a product seller, being a technology platform for intermediation only, which allows interaction between consumers and agents. Also referred to in this Instrument as “PLATFORM”, it can be accessed by computers, notebooks, smartphones or tablet’s.
Advertising: It is any form of communication carried out by the OPERATOR, with the purpose of providing information on products, commercial activities and communicating advertising or marketing strategies or campaigns, either for itself or for third parties; carried out as a reference mechanism and not as a public offering.
Product: Consumer goods displayed through the Platform.
Service: Services offered through the platform
Emerging windows (Pop-Ups): Window or internet warning that automatically emerges at any time when the Platform is used, especially used for the formalization of the purchase and sale contract between Consumers and Suppliers.
These terms and conditions regulate the authorization of use that the Operator grants to Consumers, so that they enter the virtual platform and find out about the consumer products and services displayed, so that they can be used as a reference and can request the management of a charge, by means of a mandate contract with the Agent.
The Operator through the Platform carries out the following actions: i) displays different consumer products and services in an advertising form so that they can serve as a reference for Consumers, ii) facilitates the meeting between Consumers and Representatives to carry out the contractual bond, iii) allows the use of the payment platform, without this process implying any link with the Operator, since, due to the technology implemented, payment is made directly to the Representatives iv) serves as a means of sending communications between Consumers and the Representatives.
The execution of the contractual relationship between Consumers and Representatives happens with Consumers who are in the national territory or who are abroad requesting the management of a charge, which must be carried out in Canada, paying an economic consideration through the electronic payment system through the platform electronic or in cash upon receipt of the products chosen by the Consumer.
Through the Platform, products are displayed, whose purchase management is entrusted by Consumers to the Representatives, the former seeking to satisfy a private, personal or family need and in no time for their commercialization, resale or any other type of commercial transaction.
The Operator may independently modify, at any time, the formal, procedural or substantial aspects of these Terms and Conditions of use of the Platform, which will be updated and made available to Consumers on the Platform, the last published version being the one that will regulate commercial relations that are generated at the time the transaction is carried out. Likewise, it has full autonomy to modify the uses of the Platform allowed to Consumers, with the sole duty to inform it by means of a virtual medium that allows its publication and communication to the public.
Any individual who as the final recipient uses the platform to request a remunerated mandate, the charge of which is to enter into a purchase contract or any other type of lawful contract, in order to purchase goods or services.
The use of the Platform is made by the Consumer as a capable person, stating that for the signing of mandate contracts with the Representatives, he has full legal capacity to be the subject of rights and obligations, qualities that are approved at the time of creating his registration .
Individual who agrees to manage the charge requested by the Consumer through the Platform.
The use of accounts is personal and non-transferable, so Consumers are not authorized to give validation data to access the Platform. In case of forgetting their validation or usurpation data, it is the obligation of the Consumer to inform the Operator about the occurrence through the option “forgot your password” or through a communication through the support service available in the APP. User accounts will be managed by the Operator or by the person it designates, having full power to maintain or not the account, when the information provided by Consumers is not truthful, complete or secure; or when there is a breach of Consumer obligations.
The data of the debit and credit cards will only be requested when making the virtual payment and, if so defined by the Consumer, these data will not be stored by the Operator, will be entered directly in the debit / credit machine or secure online payment platform, and will be used directly by the Consumer in this, where the security and privacy conditions in which the same is carried out will be informed.
With the creation of the User Account, Consumers are expressing their willingness to expressly and unequivocally accept these Terms and Conditions for using the Platform.
It is clear to the Consumer that the contractual relationship that may be generated by the use of the Platform will be directly with the Representatives and will be effected through a mandate contract carried out by electronic means, in which the Consumer is the principal.
Description of the Service
The Operator displays through the Platform the products and services that are available to Consumers to be purchased, using the Platform as a means to request a remunerated mandate, the charge of which is to enter into a purchase contract.
A. The operator may charge the user a service fee for the use of its platform and continue to provide quality service. This amount will only be charged if the user accepts it.
B. The improvement of the mandate contract carried out by electronic means occurs at the moment when the Agent agrees to carry out the management of the charge requested by the Consumer through the Platform; this acceptance corresponds to the moment when the Consumer selects the payment method. Having verified the steps of the purchase process, the Agent, through the Operator, can accept all or part of the charge requested by the Consumer, stating in the summary which products are included in the contract.
Upon acceptance of these terms the Consumer is obliged to: (1) provide truthful and reliable information when creating its User Account; (2) not transfer the validation data (user name and password) to third parties; (3) not using the Platform to perform acts contrary to morals, the law, public order and good customs against the Operator, Authorized Officers or third parties; (4) pay the Agent in due time the equivalent amount of the economic consideration defined in the purchase process; (5) inform the Operator immediately in case of forgetfulness or usurpation of the validation data; (6) not conducting any conduct that undermines the functioning of the Platform; (7) not to supplant the identity of other Consumers; (8) not to decipher, disrupt or disassemble any element of the Platform or any of its parts; (9) enable the use of pop-up windows during operation for proper operation on the Platform; (10) in general, adopt all those necessary conducts for the execution of the legal business, such as: i) the reception of the requested products, ii) display the identification in case of purchase of restricted use products or other products, iii) verify at the time of validation that the selected products correspond to the required ones, iv) inform yourself about the instructions for use and consumption of the products.
As a result of these terms, the Operator undertakes to: (1) provide certain, reliable, sufficient, clear and updated information regarding the displayed products, being able to substitute them in the event of default; (2) indicate the general characteristics of the product to serve as a reference for Consumers, for this purpose are brand and presentation; (3) sufficiently inform about the means enabled for Consumers to make the payment; (4) inform, at the indicated time, the details of the Representatives with which the Consumers will execute the mandate contract; (5) send to the electronic mail provided by the Consumer constancy of the transaction; (6) make available to Consumers the terms and conditions
Description of Products and Services
It is clear to the Consumer that the Operator is not a producer, supplier, delivery person, agent, distributor and, in general, any type of trader of the displayed products, since it operates only as a technological platform that allows the meeting between Consumers and Suppliers for the configuration of consumer relations.
Products for restricted use such as tobacco and alcoholic beverages will only be delivered by the Agent to Consumers who are of legal age, who expressly express this quality when registering or when selecting products. There will be no mandate to purchase tobacco and alcoholic beverages for children under 18 (eighteen) years old, even if the minor has been authorized by their legal representatives to use the Platform, even with the purchase of other authorized products.
The Consumer acknowledges and accepts to receive samples from Localie’s affiliated and partner companies.
When due to technological errors, the prices of products displayed on the Platform are erroneous and evidently disproportionate to the price of the product on the market, the Operator may cancel orders made for products with said prices, at its own discretion and with total autonomy.
The Operator reserves the right to update, modify and / or discontinue the products displayed on the Platform at any time, without requiring any prior notice.
The Consumer understands and accepts that the consumer relationship is generated directly with the Representatives, therefore, warranty claims must be made directly to the Representatives, who have an obligation to comply with the complaints under the terms defined here.
Through the Platform, the Operator will be able to make available to Consumers the information of a commercial and advertising nature, of its own or of third parties, in accordance with good commercial customs. In these cases, the Operator does not support, guarantee or compromise its responsibility towards services and / or products that are marketed by third parties, since the Platform serves as a channel of communication and advertising, but not as a service provision tool; as a result, it is the sole responsibility of Consumers to access the sites that refer to advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
The Operator manages the Platform directly or through third parties, all information communicated there is correct and up to date. In no case will you be liable for direct or indirect damage suffered by the Consumer due to the use or inability to use the Platform.
The platform is available 24 hours a day for access and consultation. For transactions, the Platform is available 24 hours a day, depending on the availability of the Representatives. The Operator makes the best efforts to keep the Platform in operation, but in no case does it guarantee the availability and permanent continuity of the Platform.
The Operator reserves the right to cancel user accounts and / or to prohibit access to the Platform of Consumers who conduct conducts that violate these terms or breach the contracted obligations.
Cancelation and Suspension of Account
The OPERATOR reserves the right to cancel, suspend, disable, block or, unilaterally terminate the consumer’s access to the Services, with unilateral termination of this contract, with or without prior notice, if: (i) any breach of the legal rules is identified (ii) your actions violate the provisions of these Terms & Conditions; (iii) if the User causes any direct or indirect damage to the OPERATOR, its Users or third parties; (iv) the practice of fraudulent attitudes is directly or indirectly identified through the use of the Localie Platform; (v) the User’s default is verified, which occurs when the User fails to make the payment of any installment due in favor of the OPERATOR or Mandataries under the terms signed between the parties; (vi) in other cases where the OPERATOR deems it necessary, for violation of legal rules, incompatibility with the Platform’s policy, among others, at the OPERATOR’s discretion.
Of Promotional Campaigns
LOCALIE Inc. may carry out promotional campaigns that guarantee Consumers a discount on the purchase price, through promotional codes or other means. The regulation of such campaigns is defined solely and exclusively by LOCALIE Inc., and can be changed or terminated at any time.
Regarding these campaigns, it is up to lOCALIE Inc. to define, among other things: (1) Consumers who are eligible to participate, (2) offers that are eligible to receive additional discounts, (3) specific rules for activating discounts, as a minimum amount purchase and number of coupons, (4) discount amount, (5) quantity of promotional codes available.
Use of Information
The information collected by the Operator in the transactions carried out is provided by Consumers freely and voluntarily, so that they are administered by the Operator or by whomever it designates for the fulfillment of the acquired duties, meaning their withdrawal; storage on Operator or third party servers or repositories; their circulation within the Operator’s organization; communication to Consumers of commercial, advertising and marketing information related to their commercial activity.
Likewise, the data collected will be analyzed for the purpose of improving the business strategy of the website, supported by business intelligence and data mining tools, which allow the acquisition of prospective knowledge for the purposes of prediction, classification and segmentation.
The Consumer may exercise his right to know, update, modify and delete the personal data existing in the databases associated with the Platform. To do this, you must make a request for consultation, complaint or suppression to the email address email@example.com, with the details of the changes to be made and handing over the supporting documents.
Applicable Law and Jurisdiction
In order to settle any disputes arising from this Instrument, the parties elect the local Forum of the province of Ontario (renouncing any other however privileged it may be), with the Canadian Laws being applicable.
Limitation of Responsibilities
All materials and services made available on the PLATFORM are provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, implied warranties of fitness for a specific purpose or those given directly by SUPPLIERS . The Operator cannot guarantee that:
(a) the services fully satisfy the consumer’s needs;
(b) the services are uninterrupted, timely, secure or free from errors. The Operator makes the best efforts to keep the PLATFORM in operation, but in no case does it guarantee the availability and permanent continuity of the PLATFORM;
(c) the results expected by the Consumers that may be obtained, will meet their expectations or be free of errors or defects.
The use of the services or the download through the PLATFORM is made at the consumer’s own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data resulting from such activities. The Consumer also understands and agrees that the Operator has no control over third party networks that can be accessed while using the PLATFORM, therefore, delays and interruptions in other network transmissions are completely outside the Operator’s control. Nor can the Operator be charged for any case of acts of God or force majeure, which may cause damage to any of the Parties. In no event will the Operator be liable to the USER or third parties for any damages, including, without limitation, those resulting from loss of data, third party services offered through the PLATFORM or in the case of any acts of the Representatives. At no time will the Operator ask the USER for information that is NOT necessary for its link with the Agent or for the facilitation of payment.
Information and Industrial Property and Copyrights
Total Acceptance of Terms
The Consumer expressly expresses the legal capacity to use the Platform and to conclude commercial transactions that may be generated with the Representatives. Thus, it expresses having provided real, truthful and reliable information. Therefore, in an express and unequivocal way, you declare to have read, understand and accept all the situations regulated in these Terms and Conditions of Use of the Platform, giving your CONSENT, for which you commit to the total fulfillment of duties, obligations, actions and omissions expressed here. If USERS from other countries use the Platform, they are completely subject to the provisions of these terms. It also declares that it had the possibility to resolve any doubts regarding this TERMS AND CONDITIONS through the User Support channel. With this acceptance, it is understood that in the request for each charge there is the consumer’s signature to grant power to the Agent and thus be able to manage said charge.
Privacy Notice and Information Use Policies used by Localie Inc.
Terms and Conditions of Use of the “lOCALIE” Platform