ALL YOU NEED TO KNOW WHEN IT COMES
TO FRANCOMARKET'S TERMS & CONDITIONS
Welcome to FrancoMarket.ca, we’re glad to count you among our privileged vendors.
1. Accepting the Terms
This document and other policies published in FrancoMarket.ca constitute the entire Terms & Conditions of Use (Referred to all of these collectively as “Terms”), is a legally binding contract between the sellers and Franco Market.
This contract sets out your rights and responsibilities when you use FrancoMarket.ca and the other services provided by Franco Market (Referred to all of these collectively as our “Services”), so please read it carefully.
By using any of our Services you’re agreeing to the Terms.
By using our Services, you’re also agreeing that we can process your information in any necessary ways in order to assure the functioning and operations of any or all of Franco Market Services.
Both Franco Market and sellers process buyers’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent parties. That means that each party is responsible for the personal information it processes in providing the Services.
For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Franco Market, will be responsible for that unauthorized disclosure.
3. Creating an account with Franco Market
To create an account with Franco Market and to use some of our Services:
A. You must have a registered business OR You must be 18 years or older. Minors under 18 and at least 15 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 15 years are not permitted to use Franco Market Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Provide accurate information about your business OR your personal information if you’re an individual selling goods or services. It’s prohibited to use false information or impersonate another person or company through your account.
C. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
D. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Franco Market.
Content that you post using our Services is your property (Referred to as “Your Content”). Which includes anything you post using our Services (shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. By posting Your Content through our Services, you grant Franco Market a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Franco Market function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it.
C. By posting Your Content, you grant Franco Market a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Franco Market, your Franco Market shop, or the Services in general, in any formats and through any channels, including across any Franco Market Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
D. Franco Market commits to respect of intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact Franco Market through contact info cited below. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, provincial, federal, and international laws that may apply to you.
B. You are responsible for paying all fees that you owe to Franco Market. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
C. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
D. The name “Franco Market” and the other Franco Market marks, phrases, logos, and designs that we use in connection with our Services (the Franco Market Trademarks), are trademarks, service marks, or trade dress of Franco Market in Canada.
E. Any unsolicited ideas or other materials you submit to Franco Market (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Termination by You. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination, and you’ll still have to pay any outstanding bills.
Termination By Franco Market. We may terminate or suspend your account (and any accounts Franco Market determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services,
Generally, Franco Market will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Franco Market terminate your account, you may lose any information associated with your account, including Your Content.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
7. Warranties and Limitation of Liability
We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Franco Market cannot and does not make any warranties about their quality, safety, or even their legality. You release Franco Market from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
We make no representations concerning any content posted by users through the Services. Franco Market is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
If Franco Market gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Franco Market (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
9. Disputes with Other Users
If you find yourself in a dispute with another user of Franco Market’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Franco Market will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Franco Market has no obligation to resolve any disputes.
You release Franco Market from any claims, demands, and damages arising out of disputes with other users or parties.
10. Disputes with Franco Market
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then the Terms are governed by the laws of Alberta, without regard to its conflict of laws rules.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Contact Information
If you have any questions about the Terms, please email us at email@example.com.
This policy was published and took effect on December 1, 2020