PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE

1.   WHAT’S IN THESE TERMS?

1.1 These Terms of Use set out the content standards that apply when you upload content to our website, make contact with other users on our website, link to our website, use the Brandpa marketplace or interact with our website in any other way.

2.   ABOUT US

2.1 Brandpa is a website operated by HostPapa Inc., DBA Brandpa (“we” and “us”), registered in 5063 North Service Road, Burlington, ON, L7L 5H6.

3.   ACCEPTANCE OF THESE TERMS OF USE

3.1 By using our website or registering to use the Brandpa marketplace (together “Website”), you confirm that you accept the provisions of these Terms of Use and that you agree to comply with them.

3.2 If you do not agree to these Terms of Use, you must not use our Website.

3.3 We recommend that you print a copy of these Terms of Use for future reference.

4.   OTHER TERMS MAY APPLY TO YOU

4.1 Our terms and conditions for buyers (“Buyer Terms”)  also apply to you in addition, when you purchase any goods or services from our Website.

4.2 Our terms and conditions for sellers (“Seller Terms”)  also apply to you in addition, when you offer any goods or services for sale via our Website or make any sales of such goods or services to Buyers using the Website.

4.3 Our terms and conditions for designers (“Designer Terms”) also apply to you in addition, when you design any goods or services that are offered for sale via the Website.

5.   PROHIBITED USE

5.1 You may use our Website only for lawful purposes. You may not use our Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in clause 8 of these Terms or Use.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2 You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our Terms of Use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our Website;
  • any equipment or network on which our Website is stored;
  • any software used in the provision of our Website; or
  • any equipment or network or software owned or used by any third party.

6.   INTERACTIVE SERVICES

6.1 We may from time to time provide interactive services on our Website, including, without limitation:

  • Reviews
  • Live chat
  • Community suggestions

6.2 Where we provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

6.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

6.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

6.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

7.   CONTENT STANDARDS

7.1 These content standards apply to any and all material which you contribute to our Website (“Contribution”), and to any interactive services associated with it.

7.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

7.3 We will determine, in our discretion, whether a Contribution breaches these Content Standards.

7.4 A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

7.5 A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from you, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

8. BREACHES OF THESE TERMS OF USE

8.1 If we consider that a breach of these Terms or Use has occurred, we may take such action as we deem appropriate.

8.2 Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Website.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.
  • Issue of a warning to you.
  • Issuing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Taking further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

8.3 We exclude our liability for all action we may take in response to breaches of these Terms of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

9. COMPLAINTS

9.1 If a Seller fails to comply with the Seller Terms or these Terms of Use you may report them to sellers@brandpa.com. We may then issue a formal warning, a temporary suspension of the Seller’s account, or cancel their account.

9.2 It is the buyer’s right to seek judicial enforcement of the sales agreement with the Seller. When filing a complaint against a Seller you should include any documentation of the Seller’s breaches with the message text and your email address.

10. APPLICABLE LAW AND JURISDICTION

These Terms of Use and their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree to the exclusive jurisdiction of the courts of England and Wales.

11. CHANGES TO THE TERMS OF USE

11.1 We may amend these Terms of Use from time to time. Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time. These terms were last updated on the 9th of August 2019.

11.2 Where you have registered an account with us, we will give you 30 days prior notice via email of any changes to the Terms of Use. All changes shall be deemed to have been accepted by you and shall be effective on expiry of the 30 day notice period, unless you terminate your account with us, prior to the expiry of such 30 day notice period.

12. CONTACTING US

12.1 To contact us, please email us at: admin@brandpa.com.