Last Updated: February 3, 2019
CannAvenue provides a marketplace for sellers (“Sellers”) to provide information about and sell their products and services (collectively the “Products”) to consumers (“Users”) (the “Service”) offered from time to time via www.cann-exchange.com or affiliated sites (the “Site” or “Sites”). The Service is owned and operated by CannAvenue (“Company”, “we” or “us”).
“Terms of Service” shall mean the rules by which Sellers, Users and Advertisers must agree to in order to use the Service and the Site, except where otherwise stated.
“Terms and Condition” shall mean the agreement by Sellers and Advertisers to the terms included therein.
TERMS OF SERVICE
Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
2. Translation. We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version.
3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. If the Service were discontinued at any time, all data may be deleted pursuant to Company policies in effect at the time.
5. Use of Service, Sellers and Users.
5.1 Sellers and Users are required to establish an account to use the Service and/or take advantage of certain features. In so doing you shall:
a. provide true, accurate, current and complete information about yourself as prompted by the Service.
b. as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you.
c. that your account is for your business use. You may not resell the Service.
d. by creating an account, you agree to receive certain communications in connection with the Service.
e. All products and services sold on the Cann-Exchange marketplace are subject to a 1% service fee of the subtotal of every transaction. Any and all circumventions utilized by the buyer and seller to avoid paying the 1% service fee will result in suspension or termination of your CannAvenue provided services.
f. Any service provided by CannAvenue may be sold as such. All users of said services are to remit payment in USD within the timelines set forth by CannAvenue. Failure to do so may result is suspension or termination. Any and all circumventions utilized by the user to avoid paying for these services will result in suspension or termination of your CannAvenue provided services. See section 31.
5.2 You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.
5.3 You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with the Service.
5.4 You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other user’s use of the Service.
5.5 You may not do any of the following while accessing or using the Service:
a. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
b. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
c. access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
d. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
e. disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.
f. use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service;
g.access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations.
5.6 Furthermore, you herein agree not to make use of the Service for:
a. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b. causing harm to minors in any manner whatsoever;
c. impersonating any individual or entity, including, but not limited to, any Company, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
j. interfering with or disrupting any of the Service, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;
k. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Nationality Act;
m. stalking or with the intent to otherwise harass another individual; and/or,
5.7 All Parties use the Service at your own risk.
6.1 All content posted by Sellers, Users or other parties (the “Content”) on the website are the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Service, and you warrant that you possess all rights necessary to provide such Content and that you do not violate any third party’s rights in providing such Content. We reserve the right to remove, and to allow certain users to remove, any objectionable Content in our sole discretion.
6.2 You understand that by providing Content publicly in connection with the Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business. For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Service. Company and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
7. Representations. You expressly represent, warrant and acknowledge that:
7.1 Company makes no representation that Products contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any country other than Canada.
7.2 Company does not warrant or guarantee the suitability or availability of any Products.
7.3 Company does not screen the authenticity or quality of any Material or Content, including data, Products found through the Service.
7.4 Company makes no representations or promises regarding any Products, and that many of the Products provided via the Service may be owned or licensed by third parties.
7.5 Any information, including any data, Materials, or Content on the Service, including on any Facebook, Instagram or Twitter page, are for informational purposes only.
7.6 You assume all risk when using the Service, including all the risks associated with any online or offline interactions with other users, providers of products and Service, and from additional fees or charges from your mobile carrier.
7.7 You are of legal age to form a binding contract and are at least the age as noted in paragraph 5 herein, or of age or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.
7.8 All listing prices on Cann-Exchange.com are exclusive of GST/HST/QST and other sales tax, where applicable. Applicable taxes may be added at checkout. If you’ve bought an item and you need a tax invoice showing the GST/HST/QST or another sales tax component, please contact the seller.
7.9 Company is not a party to any transaction between you and any provider of products or Service via the Service, except as may be otherwise stated herein. Any dispute shall be resolved between yourself and the provider of such products or Service or your customer.
7.10 Purchases and Payments.
a. Purchase of Services. Your contract for the purchase of Services, if any, is completed once you confirm your purchase and performance of this contract begins as soon as the purchase is complete.
b. Your contract for the purchase of Products is between the Seller and User and not with Company, although Company may participate in the collection and payment for such as a matter of convenience for Site Sellers and Users.
c. Payment Processing Methods. Company may make available various payment processing methods to facilitate the purchase of Services. You must abide by any relevant terms and conditions or other legal agreement with third party payment processors, that governs your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other form of payment that you indicate for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Services.
d. Pricing. Pricing and availability of all Services for sale, if any, displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services.
e. Company may receive compensation from Sellers, Advertisers and other affiliates for providing the Service.
8. Indemnification. You agree to indemnify, defend and hold harmless the Company Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
9. Warranties, Disclaimers and Limitations of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, COMPANY, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICE, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
THE COMPANY PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE SERVICE OR BETWEEN A USER OF THE SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE PRODUCTS, INFORMATION AND SERVICE OFFERED ON AND THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO COMPANY VIA THE SERVICE FOR SERVICE PROVIDED SOLELY AND DIRECTLY BY COMPANY TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM YOU MAY BRING MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
b. Identification of the copyrighted work claimed to have been infringed.
c. Information describing where the allegedly infringing material is located on the Service.
d. Your address, telephone number, and email address.
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf. The foregoing information may be emailed or mailed to our Copyright Agent at the addresses listed at the end of this Terms of Service.
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
11. Applicable Law and Jurisdiction. Your use of the Service is governed by and will be enforced under the laws of Canada without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within this stated Jurisdiction. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association, then in effect and before a single arbitrator. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
12. Miscellaneous. These Terms of Service constitute the entire agreement between Company and each user of the Service with respect to the subject matter of these Terms of Service.
a.If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
b.The failure of the Company Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
c.We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
d.No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
e.No action arising out of these Terms of Service or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than six (6) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
13. Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at the address below.
TERMS AND CONDITIONS
Last Updated February 3, 2019
CannAvenue provides to Sellers a marketplace to sell products and services (collectively the “Products”) to consumers (“Users”) (the “Service”) offered from time to time via www.cann-exchange.com or affiliated sites (the “Site” or “Sites”). The Service is owned and operated by CannAvenue (“Company”, “we” or “us”).
“CannExchange-Fulfilled Products” means any of Your Products that are fulfilled using Fulfillment by CannAvenue Ltd.
“CannExchange Refund Policies” means the return and refund policies published on the CannExchange Site and applicable to products and services offered via that CannExchange Site.
“BMVD Product” means any book, magazine or other publication, sound recording, video recording, and/or other media product in any format, including any subscription, in each case excluding any software product, computer game, and/or video game.
“Excluded Offer” means any discount, rebate, promotional offer, or other term of offer and/or sale that you: (a) have attempted to make available through the CannExchange Site but that we do not honor or support; or (b) make available solely to third parties that either (i) purchase products solely for resale and who are not end users of such products (i.e., wholesale purchasers), or (ii) if the Elected Country is Canada, Mexico, or the United States, have affirmatively elected and opted-in to participate in your or one of your Affiliates’ membership-based customer loyalty or customer incentive programs.
“Expected Ship Date” means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product; or (b) if you do not specify shipping availability information in such inventory/product data feed or that Your Product requires shipment within two (2) business days, two (2) business days after the date on which the relevant order is placed by the customer.
“Media Product” means any book, magazine or other publication, sound recording, video recording, software product, computer game, videogame, or other media product in any format, including any related subscription, offered through the CannExchange Site.
“Purchase Price” means the total amount payable or paid for Your Product (including taxes and shipping and handling charges only to the extent specified in the applicable tax policies).
“Remittance Calculation Date” is the date that is two (2) business days prior to the date of remittance.
“Required Product Information” means, with respect to each of Your Products in connection with the CannExchange Site, the following: (a) description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies; (b) SKU and UPC/EAN/JAN numbers, and other identifying information as CannExchange may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and shipment information; (d) categorization within each CannExchange product category and browse structure as prescribed by CannExchange from time to time; (e) digitized image that accurately depicts only Your Product, complies with all CannExchange image guidelines and does not include any additional logos, text or other markings; (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality); (h) any text, disclaimers, warnings, notices, labels, warranties, or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising, or sale of Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and UPC/EAN/JAN numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalog; (p) the state or country Your Product ships from; (q) government regulatory lab certifications; and (r) any other information reasonably requested by us (e.g., the condition of used or refurbished products; and invoices and other documentation demonstrating the safety and authenticity of Your Products).
“Technical Requirements” shall mean specific requirements as listed in Section XX below.
“Shipment Information” means, with respect to any of Your Products, the estimated or promised shipment and delivery date.
“Street Date” means the date(s), if any, specified by the manufacturer, distributor, and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.
“URL Marks” means any Trademark, or any other logo, name, phrase, identifier, or character string, that contains or incorporates any top-level domain (e.g., .com, .edu, .ca, .fr, .jp) or any variation of a top level domain (e.g., dot com, dotcom, net, or com).
“Your Transaction” is defined in the General Terms of this Agreement; however, as used in these Selling on CannAvenue Ltd. Terms, it means any and all such transactions through Selling on CannExchange only.
15. Technical Requirements Details.
15.1 Product images submitted to CannExchange must meet the following technical specifications.
- JPEG (.jpeg/.jpg) and PNG (.png) format
- Image pixel dimensions of at least 1000 or larger in either height or width preferred
- sRGB or CMYK color mode
- File names must consist of the product identifier (13-digit ISBN, EAN, JAN, or UPC) followed by a period and the appropriate file extension (Example: B000123456.jpg or 0237425673485.tif)
- Note: Spaces, dashes or additional characters in the filename will prevent your image from going online.
15.2 CannExchange Site Standards for Product Images
For images named by product identifier without a variant code or named with the MAIN variant, and display as the main image on the product detail page, CannAvenue maintains the following site product image standards:
- The image must be the cover art or a professional photograph of the product being sold. Drawings or illustrations of the product are not allowed.
- The image must not contain gratuitous or confusing additional objects.
- The image must be in focus, professionally lit and photographed or scanned, with realistic color, and smooth edges.
- Books, Music, and Video/DVD images should be the front cover art and fill 100% of the image frame. Jewel cases, promotional stickers, and cellophane are not allowed.
- All other products should fill 85% or more of the image frame.
- The full product must be in frame.
- Backgrounds must be pure white or strictly black. The pure white background is preferred unless the white background obscures the image of the product.
- The image must not contain additional text, graphics, or inset images.
- Pornographic and offensive materials are not allowed.
15.3 For additional other view images:
- The image must be of, or pertain to, the product being sold.
- The image must be in focus, professionally lit and photographed or scanned, with realistic color, and smooth edges.
- Other products or objects are allowed to help demonstrate the use or scale of product.
- The product and props should fill 85% or more of the image frame.
- Cropped or close-up images are allowed.
- Backgrounds and environments are allowed.
- Text and demonstrative graphics are allowed.
- Pornographic and offensive materials are not allowed.
16 Use of Service, Sellers.
16.1 As a Seller or Third-Party Entity participating on the Site, you understand that the Company is providing the Services for the purposes of facilitating opportunities for you to connect with and make sales to the general public. You agree and acknowledge that Company is not a party to any transactions you may enter into using the Service, except as may otherwise be stated herein, and shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the Products you may be providing to the public.
16.2 Sellers who use the Service do so on their own initiative and are responsible for compliance with all applicable laws. You agree that you will not access nor sell products via the Service from any territory where its contents are illegal, and that you, and not the Company Parties, are responsible for compliance with applicable laws.
17. Your Product Listings and Orders.
17.1 Products and Product Information. You will provide in the format we require accurate and complete Required Product Information for each product or service that you offer through any CannExchange Site and promptly update that information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products and Services (together the “Products”), including packaging, and your offer and subsequent sale of any of the same on the CannExchange Site comply with all applicable Laws (including all minimum age, marking and labeling requirements) and do not contain any sexually explicit defamatory or obscene materials. You may not provide any information for, or otherwise seek to offer any Excluded Products on any CannExchange Sites; or provide any URL Marks for use, or request that any URL Marks be used, on any CannExchange Site.
17.2 Product Listing; Merchandising; Order Processing. We will enable you to list Your Products on the CannExchange Site, and conduct merchandising and promote Your Products as permitted by us. We may use mechanisms that rate, or allow shoppers to rate, Your Products and your performance as a seller and CannExchange may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Products through the CannExchange Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so and will remit them to you in accordance with these Selling on CannAvenue Ltd. Terms. We may permit certain customers to place invoiced orders for Your Products, in which case remittance of Sales Proceeds may be delayed according to each customer’s invoicing terms. You will accept and fulfill invoiced orders in the same manner as you accept and fulfill non-invoiced orders, except as otherwise provided in this Agreement.
17.3 Sale and Fulfillment; Refunds and Returns.
a.Sale and Fulfillment. Other than as described in the Fulfillment by CannAvenue Ltd. Terms for each CannExchange Site for which you register or use the Selling on CannAvenue Ltd., you will: (a) source, offer, sell and fulfill your Seller-Fulfilled Products, and source and, offer and sell your CannExchange-Fulfilled Products, in each case in accordance with the terms of the applicable Order Information, this Agreement, and all terms provided by you or us and displayed on the applicable CannExchange Site at the time of the order and be solely responsible for and bear all risk for those activities;
b.Package each of Your Products in a commercially reasonable manner complying with all applicable Expected Ship Date;
c.once a sales order is received, the product must be shipped out by 5pm local time the next business day;
d.only cancel Your Transactions as authorized by a CannAvenue team member. The penalty to do so is the Service Fee as per S-9 Fee Schedule;
e.fulfill Your Products throughout the Elected Country (except to the extent prohibited by Law or this Agreement;
f.provide to CannExchange information regarding fulfillment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available;
g.comply with all Street Date instructions;
h.ensure that you are the seller of each of Your Products;
i.include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Your Products;
j.identify yourself as the seller of each of Your Products on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product; and
k.except as expressly permitted by this Agreement, not send customers emails confirming orders or fulfillment of Your Products.
17.4 Cancellations, Returns, Chargeback and Refunds.
a.All cancellations, returns, chargebacks and refund policies are the responsibility of the seller. These policies must be included with every product sold on the CannExchange Site. The buyer must contact the seller using the contact information provided with each product listed. As the Seller, you will promptly accept, calculate, and process cancellations, returns, refunds, and all cancellations within forty-eight (48) business hours of being received (provided that it is permitted as per the return/exchange policy in CannExchange for Your Product in question). The refund must be paid using the same method of payment used to make the purchase. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You will route any payments to customers in connection with Your Transactions through CannExchange. We will make any payments to customers in the manner we determine, and you will reimburse us for all amounts we pay.
b.CannExchange Chargebacks. In the event we inform you that we have received or initiated a claim, or any chargeback or other dispute, concerning one of Your Transactions, you will deliver to us in a format and manner we specify: (a) proof of fulfillment of Your Product(s) (as applicable); (b) the applicable CannExchange order identification number; (c) a description of Your Product(s) (as applicable); and (d) any terms provided by you or us and displayed on the CannExchange Site at the time of the transaction in question. If you fail to comply with the prior sentence, or if the claim, chargeback, or dispute is not caused by: (i) credit card fraud; or (ii) our failure to make your Order Information available as the same was received by us or resulting from address verification, then you will promptly reimburse the amount of the customer purchase (including the Purchase Price, all associated shipping and handling charges and all taxes, but excluding any associated Service Fees retained and not subject to refund by CannExchange) and all associated credit card association, bank, or other payment processing, re-presentment and/or penalty fees associated with the original purchase and any chargeback or refund, in each case to the extent paid or payable by us or our Affiliates. If we receive or initiate a claim concerning one of Your Transactions and we determine that we are responsible for that claim, then we will purchase the returned products from the customer.
17.5 Delivery Errors and Nonconformities; Recalls. You are solely responsible for any non-performance, non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfillment of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible; or (b) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your Products that are fulfilled using CannExchange, terms for the CannExchange Site will apply to non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfillment of those of Your Products. You are also responsible for any non-conformity or defect in, any public or private recall of, or safety alert of any of Your Products or other products provided in connection with Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls, or safety alerts of Your Products or other products provided in connection with Your Products.
17.6 Shipping and Handling Charges. For Your Products ordered by customers on or through the CannExchange Site that are not fulfilled by CannExchange’s network of shipping carriers, you will determine the shipping and handling charges subject to standard functionality (including any category-based shipping and handling charges we determine, such as for products offered by sellers). When we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling.
17.7 Credit Card Fraud and Unpaid Invoices. We will bear no risk of (a) credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with Your Transactions, and (b) late payments or defaults by customers in connection with invoiced orders for Your Products, except, in each case, in connection with products that are not fulfilled strictly in accordance with the Order Information and Shipment Information. You will bear all other risk of fraud or loss. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop, and/or cancel any of Your Transactions. You will stop or cancel orders of Your Products if we ask you to do so. If you have already transferred Your Products to a carrier or shipper when we ask you to stop or cancel an order, you will use commercially reasonable efforts to stop or cancel delivery of that order. You will refund any customer that has been charged for an order that we stop or cancel.
17.8 Prohibited products. It is your responsibility to know whether the products you shipping are are regulated as hazardous materials. Sellers participating in Fulfillment by CannExchange must comply with CannExchange’ s restricted products policy. The following products are prohibited from CannExchange:
- Alcoholic beverages
- Illegal narcotics
- Gift cards, gift certificates, and other stored-value instruments
- Products that require preparation
- Loose packaged batteries
- Damaged or defective units
- Automotive and Powersports
- Currency, Coins and Cash Equivalents
- Explosives, Weapons and Related Items
- Food & Beverages
- Chilled and Frozen Foods
- Gambling and Lottery
- Hazardous and Dangerous Items
- Human Parts & Burial Artifacts
- Jewelry & Precious Gems
- Lock Picking & Theft Devices
- Medical devices
- Offensive and Controversial Materials
- Plants and Seeds
- Recalled Products
- Recycling Electronics
- Sex & Sexuality
- Subscriptions and Periodicals
- Products that do not comply with any agreement between CannExchange and the seller
- Products that have been illegally replicated, reproduced, or manufactured
- Dangerous goods
- Products that CannExchange otherwise determines are unsuitable
17.9 Dangerous Goods. Dangerous goods (also called hazardous materials or hazmat) are substances or materials that may pose a risk to health, safety, property, or the environment while storing, handling or transporting because they contain flammable, pressurized, corrosive, or otherwise harmful substances. While the term “dangerous good” is often thought of as highly corrosive or toxic products, it actually also refers to consumer products used on a daily basis by millions of people (such as laptops, phones, household cleaners, or even cosmetics). It is extremely important for CannExchange to gather information about products regulated as dangerous goods or that contain possibly harmful chemicals to prevent any safety incidents that could occur while handling, storing, or transporting these items.
17.10 Restricted Products. Customers trust that they can always buy with confidence on CannExchange. Products offered for sale on CannExchange must comply with all laws and regulations and with CannExchange’s policies. The sale of illegal, unsafe, or other restricted products is strictly prohibited. We encourage you to consult with your legal counsel if you have questions about the laws and regulations concerning your products. All products and listings must also comply with applicable laws. In addition, any restricted items below are for informational purposes only, and CannExchange does not warrant the accuracy of any information provided. If you supply a product in violation of the law or any of CannExchange’s policies, including those listed in the Prohibited Products section, we will take corrective actions, as appropriate, including but not limited to immediately suspending or terminating selling privileges, terminating the business relationship, and permanent withholding of payments. The sale of illegal or unsafe products can also lead to legal action, including civil and criminal penalties. We are constantly innovating on behalf of our customers and working with regulators, third party experts, vendors, and sellers to improve the ways we detect and prevent illegal and unsafe products from reaching our marketplace. CannExchange encourages you to report listings that violate CannExchange’s policies or applicable law by contacting us. We will investigate each report thoroughly and take appropriate action.
18. Tax Policy Overview.
18.1 As a condition of using CannExchange, you agree to comply with all applicable laws, statutes, ordinances and regulations regarding:
- The use of CannExchange’s website and services
- Your listings
- Your solicitation of offers to purchase
- The sale of your items
18.2 Make sure you follow these guidelines. If you don’t, you may be subject to a range of actions, including limits of your buying and selling privileges and suspension of your account
18.3 Sellers are responsible for collecting and paying all fees and taxes associated with using CannExchange.
18.4 You are required by law to declare and pay taxes on income you’ve earned from your CannExchange sales. For tax advice about your CannExchange earnings, we recommend consulting a tax professional and reviewing tax regulations.
18.5 If you reside or have your primary place of business in Canada, the Harmonized Sales Tax (HST) is payable on all CannExchange service fees for your items.
19. CannExchange Site. Company has the right in our sole discretion to determine the content, appearance, design, functionality, and all other aspects of the Site, including by redesigning, modifying, removing, or restricting access to any of them, and by suspending, prohibiting, or removing any listing.
20.1 In exchange for providing the Service, the Seller shall pay to the Company:
a.the applicable Service Fees; and,
b.any applicable Variable Closing Fee; and,
c.any other applicable fees described in this Agreement.
20.2 For the purposes of this Agreement “Service Fee” shall mean the applicable fee based on the Sales Proceeds from Your Transaction through the CannExchange Site based on the subtotal of the sales transaction (see Fee Schedule). Sales Proceeds will not include any shipping charges.
21. Remittance of Sales Proceeds & Refunds.
21.1 Except as otherwise stated in this Agreement, we will remit to you your available balance on a bi-weekly (14 day) (or at our option, more frequent) basis, which may vary for each Elected Country. For each remittance, your available balance is equal to any Sales Proceeds not previously remitted to you as of the applicable Remittance Calculation Date (which you will accept as payment in full for Your Transactions), less: (a) the Service Fees; (b) the applicable Variable Closing Fee; (c) any other applicable fees described in this Agreement; and (d) any taxes that CannExchange has collected in accordance with your instructions or as may be necessary as per applicable law, as specified in the Tax Policies.
21.2 We may establish a reserve on your account based on our assessment of risks to CannExchange or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.
21.3 When you either initially provide or later change Your Bank Account information, the Remittance Calculation Date may be deferred by up to 14 days.
21.4 Net Sales Proceeds from non-invoiced orders will be credited to your available balance when they are received by us or our Affiliates. Sales Proceeds from invoiced orders will be credited to your available balance: (a) if you have elected in advance to pay a fee to accelerate remittance of Sales Proceeds from invoiced orders, on the day all of Your Products included in an invoiced order are shipped; or (b) otherwise, no later than the seventh day following the date that an invoiced order becomes due.
22. Fee Schedule.
22.1 CannAvenue allows products to be purchased and sold by verified parties. For items not permitted, please refer to our Prohibited Products section. For all products sold successfully on the CannExchange platform, merchants must remit a service fee and any other applicable variable closing fees to CannAvenue within twenty-four (24) hours of the sale. The service fee is a percentage of the subtotal for the purchase. The service fees are as follows;
- all sales are subject to a 1% service fee of the subtotal payable to CannAvenue
22.2 Subtotal excludes taxes, duties, shipping and any other unforeseen miscellaneous fees. All compensation paid to CannAvenue is non-refundable.
CannExchange Sponsored TERMS AND CONDITIONS
23. These CannExchange Sponsored Service Terms are part of the Agreement, and, unless specifically provided otherwise, concern and apply only to your participation in CannExchange Sponsored. BY REGISTERING FOR OR USING CANNEXCHANGE SPONSORED, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE CANNEXCHANGE SPONSORED SERVICE TERMS.
24. CannExchange Sponsored Definitions
“Agent” means an advertising agency or other person or entity who represents a CannExchange Sponsored Participant as its agent.
“CannExchange Sponsored Participant” means any person or entity enrolled in CannExchange Sponsored by you if you are the Agent of that person or entity.
“CannExchange Network Properties” means: (a) the CannExchange Site; (b) any website, device, service, feature or other online point of presence operated by CannExchange or any of our Affiliates; and (c) any CannExchange Associated Properties.
“Click” means each time a user clicks on any of Your Ads as determined solely by CannExchange.
“Your Ads” means any advertisement for Your Product based upon Your Materials that is displayed through CannExchange Sponsored.
CannExchange Sponsored, including CannExchange Sponsored Products (“CannExchange Sponsored”), is a Service that allows you to advertise Your Products on the CannAvenue ecosystem.
26. CannExchange Sponsored
Your Ads may be displayed or made available on the CannAvenue ecosystem as we determine. We do not guarantee that Your Ads will be displayed or made available in our CannAvenue ecosystem, or that Your Ads will appear in any particular position or rank. Notwithstanding any other provision of the Agreement, we may in our sole discretion restrict, modify or otherwise determine the content, appearance, design, functionality and all other aspects of Your Ads, and we may remove any of Your Ads without notice. Except to the extent expressly stated in the Agreement, you are solely responsible for all obligations, risks and other aspects pertaining to the sale of any of Your Products referred to in Your Ads, including without limitation order processing, order fulfillment, returns, refunds, recalls, mis- delivery, theft, customer service, and collection of taxes. In addition, you are solely responsible for all ad content, URLs and any other information you submit to us in connection with Your Ads, and the websites and/or other properties to which Your Ads direct users (other than the CannExchange Site).
We may use mechanisms that rate, or allow users to rate, Your Products and/or your performance, and we may make these ratings and feedback publicly available. We may use any means we determine necessary to review and monitor Your Ads to improve our service and ad quality.
27. Product Information.
You will provide, in the format we require, accurate and complete information for each of Your Ads. You will update this information as necessary to ensure that it is at all times accurate and complete. You will not provide any information for, or otherwise seek to advertise for sale on the CannExchange Site, any products that are unlawful or are otherwise prohibited by these terms and conditions.
28. CannExchange Sponsored Requirements
Using the highest industry standards, you will treat users and customers who link to Your Products via any of Your Ads with courtesy and respect during all stages of the buying process and resolve to our and their satisfaction in a timely and professional manner any related customer service matters we or they bring to your attention. You will ensure that Your Materials and your advertisement, offer, sale and fulfillment of Your Products comply with all applicable Laws. You will not, directly or indirectly, engage in any fraudulent, impermissible, inappropriate or unlawful activities in connection with your participation in CannExchange Sponsored, including: (a) sending multiple listings of identical products in the same feed or sending multiple feeds under different accounts; (b) generating fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether through the use of automated applications or otherwise; (c) collecting any user information from the CannAvenue ecosystem or retrieving, extracting, indexing or caching any portion of the CannExchange website or services or the websites or services of our Affiliates, whether through the use of automated applications or otherwise; (d) targeting communications of any kind on the basis of the intended recipient being a user of the CannAvenue ecosystem; (e) interfering with the proper working of the any CannAvenue ecosystem, CannExchange Sponsored or our systems; or (f) attempting to bypass any mechanism we use to detect or prevent any of the activities described in this paragraph.
29. Payment and Tax Matters
You will pay us the applicable fees we calculate for your use of the CannExchange Sponsored Service. You agree to pay us the applicable fees we calculate for your use of the CannExchange Sponsored Service in USD currency only. In addition to any other means permitted by the Agreement, we may collect all applicable fees. You waive all claims related to the fees we charge (including without limitation fees based on suspected invalid Clicks on or invalid impressions of Your Ads), unless claimed within 60 days after the date charged. You understand third parties may generate impressions or Clicks on Your Ads for improper purposes, and you accept this risk. Your sole and exclusive remedy for any suspected invalid impressions or Clicks is to request advertising credits within the timeframe set out above.
30. Effect of Termination
Upon any termination of the Term of the Agreement or these CannExchange Sponsored Service Terms, all rights and obligations of the parties under these CannExchange Sponsored Service Terms will terminate, except that Sections 8, 9, 21, 22, 24, 26, 29
31. Suspension and Termination
If you are an Agent: (a) you represent and warrant that you have been appointed as an agent of the participating merchant (“CannExchange Sponsored Participant”), that you are duly authorized to enter into this Agreement on behalf of the CannExchange Sponsored Participant and have full power and authority to bind the CannExchange Sponsored Participant to this Agreement, that all of your actions related to this Agreement and the CannExchange Sponsored Service will be within the scope of this agency, and that the Agreement including these CannExchange Sponsored Service Terms will be enforceable against the CannExchange Sponsored Participant in accordance with its terms; (b) you will, upon our request, provide us written confirmation of the agency relationship between you and the CannExchange Sponsored Participant, including, for example, the CannExchange Sponsored Participant’s express acknowledgment that you are its Agent and are authorized to act on its behalf in connection with CannExchange Sponsored; (c) except as set forth in the Agreement, you will not make any representation, warranty, promise or guarantee about CannExchange Sponsored, us or your relationship with us; (d) you will perform your duties pursuant to the Agreement including these CannExchange Sponsored Service Terms in a professional manner consistent with any requirements we may establish; (e) you will not at any time use information received in connection with CannExchange Sponsored to conduct any marketing efforts targeted at our existing advertisers or CannExchange Sponsored Participants; (f) you and the CannExchange Sponsored Participant are each responsible for all payment obligations under these CannExchange Sponsored Service Terms, and you and the CannExchange Sponsored Participant each waive any rights that might require us to proceed against one or more of you prior to proceeding against the other; and (g) you will abide by all restrictions applicable to the CannExchange Sponsored Participant under this Agreement, including without limitation confidentiality and non-use obligations (e.g., you will not disclose any Confidential Information generated or collected in connection with CannExchange Sponsored to any person or entity other than to the CannExchange Sponsored Participant to which such data or information relates, and you will not use any Confidential Information generated or collected in connection with CannExchange Sponsored for any purpose other than creating, managing, and reporting advertising campaigns in the CannAvenue ecosystem on behalf of the particular CannExchange Sponsored Participant that has expressly authorized you to do so).
Transaction Processing Service Terms
34. Payments Processing Agency Appointment
34.1 For non-invoiced orders, you authorize CannExchange Payments, Inc. to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions, receiving and holding Sales Proceeds on your behalf, remitting Sales Proceeds to Your Bank Account, charging your Credit Card, and paying CannExchange and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with CannExchange Affiliates. For invoiced orders, you authorize: (a) CannExchange to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions, and receiving and holding Sales Proceeds on your behalf; and (b) CannAvenue Ltd to act as your agent for purposes of remitting Sales Proceeds to Your Bank Account, charging your Credit Card, and paying CannExchange and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with CannExchange Affiliates. CannAvenue Ltd and CannAvenue Group US LLC are “CannExchange Payments Agent”. The applicable CannExchange Payments Agents provide the services described in these Transaction Processing Service Terms and the related services. (collectively, the “Transaction Processing Services”).
34.2 When a buyer instructs us to pay you, you agree that the buyer authorizes and orders us to commit the buyer’s payment (less any applicable fees or other amounts we may collect under this Agreement) to you. You agree that buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. We will remit funds to you in accordance with this Agreement.
Subject to Section 15 of the General Terms of this Agreement, the applicable CannExchange Payments Agents will remit funds to you in accordance with Section S-5 of the Agreement and these Transaction Processing Service Terms. Each applicable CannExchange Payments Agent’s obligation to remit funds collected or received by it or otherwise credited to your available balance in connection with Your Transactions is limited to funds in your available balance that have become available in accordance with this Agreement less amounts owed to CannExchange and any taxes that CannExchange automatically calculates, collects and remits to a tax authority according to applicable law, as specified in the Tax Policies, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement. Without limiting CannExchange’s rights to collect any amounts you owe, the applicable CannExchange Payments Agent’s receipt of Sales Proceeds or crediting of Sales Proceeds to your available balance discharges your obligation to pay applicable fees and other amounts under this Agreement to the extent the Sales Proceeds received or credited equal or exceed the fees and other amounts you owe and the Sales Proceeds are applied to the payment of those fees and amounts.
36. Your Funds
Your Sales Proceeds will be held in an account with the applicable CannExchange Payments Agent (a “Seller Account”) and will represent an unsecured claim against that CannExchange Trade Payments Agent. Your Sales Proceeds are not insured by the Federal Deposit Insurance Corporation, nor do you have any right or entitlement to collect Sales Proceeds directly from any customer. Prior to disbursing funds to you, a CannExchange Payments Agent may combine Sales Proceeds held with the funds of other users of the Services, invest them, or use them for other purposes permitted by applicable Laws. You will not receive interest or any other earnings on any Sale Proceeds. To the extent required by applicable Laws, a CannExchange Payments Agent will not use any funds held on your behalf for its corporate purposes, will not voluntarily make such funds available to its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its creditors to attach such funds.
We may at any time require you to provide any financial, business or personal information we request to verify your identity. You authorize us to obtain from time to time consumer credit reports to establish or update your Seller Account or in the event of a dispute relating to this Agreement or the activity under your Seller Account. You agree to update all Seller Account information promptly upon any change. The CannExchange Payments Privacy Notice applies to transactions processed by CannExchange Payments, Inc.
Last Updated: February 3, 2019
1.1 The Company is committed to safeguarding the privacy of our website and service users (“users,” or “you”).
2. HOW WE USE YOUR PERSONAL DATA.
2.1 In this Section 2 we have set out:
(a)the general categories of personal data that we may process;
(b)the purposes for which we may process personal data; and
(c)the legal bases of the processing.
2.2 Types and Uses of Collected Information. Personally identifiable information is information that identifies a specific person. When you engage in certain activities via the Company Service, including but not limited to creating an account, sending feedback, or otherwise participating in the Company Service (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. If you elect to engage in an Identification Activity, we may ask you to provide us with certain personal information about yourself, such as your name, address, email address, telephone number and/or any other information you provide to us, to create your account of profile, send communications about them to you, and populate forms for future transactions.
- 2.3 Information You Give Us: We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
2.4 Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies,” and we obtain certain types of information when your web browser accesses Cann-Exchange.com or advertisements and other content served by or on behalf of Cann-Exchange.com on other websites.
- 2.5 Mobile: When you download or use apps created by CannAvenue or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.
- 2.6 E-mail Communications: To help us make emails more useful and interesting, we often receive a confirmation when you open email from Cann-Exchange.com if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your customer communication preferences.
3.0 Does Cann-Exchange.com Share the Information It Receives?
3.2 We do not rent or sell your personally identifiable information to third parties.
3.3 We may disclose your personal data to any member of our group of companies, this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.5 Financial transactions relating to our website and services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
3.6 Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, such as Marketplace sellers, these businesses operate stores at Cann-Exchange.com or sell offerings to you at Cann-Exchange.com. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
3.7 Promotional Offers: Sometimes we send offers to selected groups of Cann-Exchange.com customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your customer communication preferences.
3.8 Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Cann-Exchange.com, Inc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
3.9 Protection of Cann-Exchange.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Cann-Exchange.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
3.10 With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
3.11 Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions but may not use it for other purposes.
4. ABOUT COOKIES.
4.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
4.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session.
4.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
5. COOKIES THAT WE USE.
6. COOKIES USED BY OUR SERVICE PROVIDERS.
7. MANAGING COOKIES.
7.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(d)https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e)https://support.apple.com/kb/PH21411 (Safari); and
7.2 Blocking all cookies will have a negative impact upon the usability of many websites.
7.3 If you block cookies, you will not be able to use all the features on our website.
8.1 We continuously improve our websites and our products, and we utilize different third-party web analytics tools to help us do so. We are interested in how visitors use our websites, our desktop tools, our mobile applications, what they like and dislike, and where they have problems. Our products, desktop tools and mobile applications use analytical tools to understand feature usage patterns, to enhance and improve your product experience and offer you specific usage tips and guidance. In connection with normal business operations, as well as to increase functionality and enhance your user experience, this usage information may be linked to personal information that we have about individual users. We maintain ownership of this data and we do not share this type of data about individual users with third parties.
8.2 Our mobile applications will also use analytical tools to help gather non-personally identifiable data about download and application usage. We may use information such as IP addresses to determine the general geographic locations areas of our visitors, but this information is not correlated to personal information about individual users. The web beacons used in conjunction with these tools may gather data such as what browser a person uses, what operating systems are used, domain names, MIME types, what is downloaded, and what content, products and services are reviewed when visiting or registering for services at one of our websites or using one of our mobile applications.
8.3 This information is used solely to assist us in maintaining a more effective and useful websites and products for our customers. This data will not be shared with third parties without your prior consent or unless required by law.
9.0 How Secure Is Information About Me?
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
10. What About Third-Party Advertisers and Links to Other websites?
Our site includes third-party advertising and links to other websites. For more information about third-party advertising at Cann-Exchange.com, including personalized or interest-based ads, please read our Interest-Based Ads policy below.
11. Which Information Can I Access?
Cann-Exchange.com gives you access to a broad range of information about your account and your interactions with Cann-Exchange.com for the limited purpose of viewing and, in certain cases, updating that information from time to time. You can always choose not to provide certain information, although a certain level of information is required to engage and participate in the Company Service. Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Company Service pseudonymously, though doing so could detract from the credibility of your contributions to the Company Service.
12. What Choices Do I Have?
- As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Cann-Exchange.com features as your profile, wish lists and customer reviews.
13. Are Children Allowed to Use Cann-Exchange.com. Cann-Exchange.com does not sell products for purchase by children. If you are under 18 years old in Canada or under 21 years old in the USA, you may not use Cann-Exchange.com. We do not knowingly collect personal information from people under the age specified here.
15. Examples of Information Collected, Information You Give Us
15.1 You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through Cann-Exchange.com or one of our third-party sellers; provide information in Your Account (and you might have more than one if you have used more than one email address when shopping with us) or Your Profile; communicate with us by phone, email, or otherwise; complete a questionnaire or a contest entry form; compile Wish Lists or other gift registries; participate in Forum Boards or other community features; provide and rate review; and employ product availability alerts, such as Available to Order Notifications. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; email addresses of your friends and other people; content of reviews and emails to us; personal description and photograph in Your Profile; and financial information, including Social Security, Social Insurance and driver’s license numbers.
Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
15.4 Information from Other Sources
Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search results and links, including paid listings (such as Sponsored Links); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
15.5 Information You Can Access
Examples of information you can access easily at Cann-Exchange.com include up-to-date information regarding recent orders; personally identifiable information (including name, email, password, communications and personalized advertising preferences, and address books); payment settings (including credit card information and promotional certificate and gift card balances); email notification settings (including Product Availability Alerts, Delivers, and newsletters); Recommendations (including Recommended for You and Improve Your Recommendations); shopping lists and gift registries (including Wish Lists); Seller accounts; and Your Profile (including your product Reviews, Recommendations, Reminders, personal profile, and Wish List).
15.6 Interest-Based Ads
On both CannAvenue-owned and operated sites and unaffiliated sites, CannAvenue displays interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, visiting sites that contain CannAvenue content or ads, interacting with CannAvenue tools, or using our payment services.
We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.