Welcome to theconsortium.ca, operated by Evolved Software Inc. dba The Consortium. These Terms of Service govern your use of The Consortium website, products and services, purchases, listing and sale of any furnishings, decor, or accessories, herein the “Website or Site”.
By using and accessing the Website, you agree to be bound and comply with these Terms of Service.
You may visit this site without registering an account with us. However, to enjoy the full benefits of our Website, you must go through the registration process.
By using this site or registering an account, you acknowledge and agree that you are at least 18 years of age, or are using the site under the supervision of a parent or guardian, and that you are legally able to enter into this agreement.
It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time.
If you do not agree to these Terms of Service, please do not use this site.
We grant you a limited license to access and use the site as a non-exclusive, non-transferable Website for the purposes expressed in these Terms of Service, or as specified on the Website, provided that with respect to any materials obtained from the Website, you may not: [a] modify, copy, reproduce or create derivative works of such materials, except as explicitly provided; [b] use the materials for any commercial purpose except as expressly provided; [c] distribute or transmit the materials; [d] publicly display, publish or perform the materials for any purpose, commercial or non-commercial; [e] create derivative works from, transfer, or sell any materials; [f] attempt to decompile or reverse engineer any software or database contained in or access through the website; [g] use any automated, mechanical or manual method, included without limitation robots, spiders or other algorithms to frame, mirror, scrape or otherwise data-mine the Website; or [h] remove any copyright or other proprietary notations; without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are welcome and permitted to provide links to the Website through email, social media, or other similar methods, provided that such methods do not involve framing or embedding of any portion of the Website within another website or service, imply any affiliation between you and us, or you and the Website, or portray us or the Website in a false, misleading, derogatory or otherwise defamatory manner.
This Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of The Consortium. You may not use any meta tags or any other hidden text utilizing The Consortium’s name without the express written consent of The Consortium. Any unauthorized use terminates the permission or license granted by The Consortium. We reserve the right to change any information, features and functions of the site without prior notice. We may refuse service, terminate accounts or deny access to any or all parts of this site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of this site for any illegal or unauthorized purpose is strictly prohibited.
To use our services, as a buyer or a seller, you must sign up for an account by providing the following information [a] your full legal name; [b] your current address; [c] your phone number; [d] your valid email address; [e] any other information required. Each time you use your password or identification, you will be deemed authorized to access and use the site in a manner consistent with these Terms of Service and The Consortium has no obligation to investigate the authorization or source of any such access or use of the site. You are solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and us of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations, including without limitation financial obligations, incurred through such access or use. To cancel your account, please contact us at hello[at]theconsortium.ca.
The Consortium is a curated online platform that allows appropriately qualified Canadian sellers to offer vintage or handmade furniture, decor, and accessories to buyers.
Sellers are required to abide by and operate within the guidelines of the Seller Handbook as provided by The Consortium from time to time.
Sellers are solely responsible for all aspects of their listing and item(s), including providing accurate information, pricing, photographs, and adequately storing and maintaining your item. The Consortium reserves the right to revise your listing for clarity/accuracy. Each item submitted must be fit for sale, with the exception of any condition you have clearly disclosed in photographs or in writing in the listing description. The Consortium reserves the right to inspect or declare any item as unsuitable for sale at anytime.
If The Consortium finds a buyer for an item and you circumvent or go around The Consortium in an attempt to avoid payment of the commission to The Consortium, by selling to the buyer developed by The Consortium directly, this will be treated as a sale and the commission will be due and payable to The Consortium.
You covenant, represent and warrant that you have all rights, authority and clearances necessary for The Consortium to sell the item on your behalf, and perform your rights and obligations under these Terms of Service.
You will provide the buyer with any documents necessary to transfer the ownership of the item to the buyer.
You are solely responsible for all aspects of dealing with the buyer and your business [e.g., handling logistics between you and the buyer], and handling all related inquires and disputes.
If The Consortium determines a listing was inaccurate, misleading, or misrepresented the item in any way, you may be charged for outbound and return delivery charges. Dishonesty or failure to cover shipping when deemed required may result in account suspension or permanent ban.
If you purchase any item[s] using our service [a] you agree to pay the amount listed and any other disclosed amounts; such as shipping; [b] you shall provide accurate account information and keep your contact information up to date; [c] you agree that The Consortium can automatically charge your credit card during the purchase process. All amounts are in Canadian Dollars.
Sellers set their own shipping and return policies for each item they list on The Consortium. To ensure your buying experience is exceptional, please read the shipping and return policy listed on the item page before you complete your purchase.
THE SALE PROCESS
When a buyer identifies an item[s] for purchase they may make an offer to purchase the item[s] directly through the site’s checkout page or by contacting The Consortium at hello[at]theconsortium.ca. At that time the buyer shall submit valid payment information to The Consortium for payment of the “Item Price”. The “Item Price” is the amount listed for an item on the site that includes sales tax. The “Total Purchase Price” will be confirmed by email. The “Total Purchase Price” includes [i] the “Item Price”; [ii] applicable shipping or delivery fees. The buyer will be required to confirm the “Total Purchase Price” if there are additional fees to the “Item Price”. If shipping or delivery fees are not applicable to the item[s], Sale Confirmation will be emailed to the buyer. An offer to purchase may be canceled by the buyer after receiving the request for confirmation of “Total Purchase Price” if the shipping fees were pending quotation based on the buyer’s location. Immediately upon receipt of the Sale Confirmation, the buyer shall remit an amount equal to100% of the “Total Purchase Price.”
Most of the items displayed on the site are unique and are offered by sellers that usually have retail opportunities for the sale of the item independent from The Consortium, all items displayed on the site are offered for sale strictly subject to availability.
The seller is responsible for delivering the items to the buyer in accordance with the arrangements made between the buyer and seller.
IP AND CONTENT
Our service includes materials and content, including designs, editorial, text, graphics, photographs, messages, tags, or other materials from many people and entities, including you, and such content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all content that you email, transmit, upload or otherwise make available while using our service. The Consortium does not claim ownership of such content.
We may display your listing[s] on other sites, such as Facebook, Twitter and Instagram. You agree that The Consortium may use, distribute, reproduce, adapt, and publicly display such content on or off the service for the purpose for promoting your listing[s] on theconsortium.ca or on other relevant websites with the purpose of marketing and promoting our service.
TRADEMARKS AND COPYRIGHT
This website contains many trademarks, trade names, service marks, copyrights or logos owned and copyrighted by Evolved Software Inc., and may also contain protected marks of third parties. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this site, any right, title, or interest in the marks. You agree that you will not change, modify or exploit these marks, nor participate in any activity, which modifies or exploits such marks. All rights of these marks are reserved. Any use of these marks without expressed written authorization is strictly prohibited.
If you believe that any content on the Website infringes upon any copyright or other intellectual property that you own or control, you may send a written notification to hello[at]theconsortium.ca.
We reserve the right to terminate, in appropriate circumstances and at our sole discretion users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Website, or terminate the Account, of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
Any use of this site for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to [a] activities involving that transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; [b] activities involving the transmission of junk mail or spamming; [c] activities involving the promotion or use of viruses; [d] activities that violate any law, regulation or statue; or [e] activities that infringe upon any legally protected property right, etc. By using this site, you agree that any and all information transmitted to or with the use of this site cannot and will not be deemed confidential or proprietary. The Consortium reserves the right to monitor transitions and investigate any alleged prohibited use of this site and to disclose any and all information relating to such prohibited use. The Consortium will not assume, and expressly disclaims, any and all liability relating to any individual’s illegal or prohibited use of this website. Any violation of this or any other section contained may result in termination of service or any other action The Consortium determines appropriate under the circumstances.
WARRANTIES AND LIMITATION OF LIABILITY
The Consortium and its affiliates disclaim all warranties, expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. In no event will The Consortium be liable for any special, indirect, incidental, punitive, consequential, or exemplary damages relating to or arising from this Website whether or not either party had or should have had knowledge, actual or constructive, that such damages might be incurred.
Third party products represented on the Website are not necessarily endorsed or recommended by The Consortium. The Consortium disclaims all responsibility regarding the performance or use of third party products.
Sellers are responsible for the accuracy in describing and pricing their items on the site. The Consortium relies on the sellers for such information and is not responsible in any way for the description or pricing of items on the site provided by the seller.
In the event[s] of an error by the seller as to availability of an item, or any other error on the seller’s or The Consortium’s part with respect to a Sale Confirmation, the seller and/or The Consortium reserve the right in their sole and absolute discretion to rescind that Sale Confirmation without penalty to any party.
The products on this site are provided “as is” and without warranties of any kind either express or implied, unless otherwise stated in writing by the seller.
[a] We may, but have no obligation to, remove any content, including your Content, or any Account containing content that we determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
[b] Our failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Service. Our rights, powers and remedies in these Terms of Service, including without limitation the right to suspend, restrict or terminate your access to any portion of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
[c] If any provision of these Terms of Service is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
[d] These Terms of Service, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms of Service and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
[f] You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms of Service or your use of the Website.
Governing Law and Jurisdiction
[g] These Terms of Service and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms of Service.
CANCELLATION AND TERMINATION
You may cancel your account at anytime by emailing hello[at]theconsortium.ca and then following the specific instructions indicated to you in The Consortium’s response. The Consortium may, in our sole discretion, suspend, restrict or terminate your use of our Website, including your account and your content, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, we have received a third party complaint which relate to your use or misuse of the Website, or you have been or are in breach of any term or condition of this agreement.
Effective Date: December 1, 2015