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Terms & Agreements
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Terms & Agreements
LBS - Terms & Agreements
By using the Website in any manner, including but not limited to visiting or browsing the Website, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein.
About Little Black Sari
Little Black Sari, hereinafter referred to as “LBS”, is a marketplace that allows account holders to sell and purchase clothing and accessories. As a marketplace, LBS does not own or sell the items listed on the Website. The actual contract for purchase and sale is directly between the sellers and purchasers.
Using www.littleblacksari.com :
While using or accessing LBS’ services via our Website, you will not:
Post or list content or pictures of items that are inappropriate or offensive in any nature whatsoever;
Use our services if you are under the age of 18;
Fail to deliver/ship items sold by you;
Fail to pay for items purchased by you;
Post false, inaccurate, misleading, defamatory or libelous content;
Distribute or post spam, unsolicited communication or pyramid schemes; or
Distribute viruses or any other spam that may harm www.littleblacksari.com or the interests of LBS users.
Please note that LBS may cancel unconfirmed accounts and accounts which prove to be harmful or abusive – the determination of which will solely be at the discretion of LBS.
Access to Website and Conditions of Use:
In order to access our Website and use the services of LBS, you must:
Register for an account with Little Black Sari and provide certain information which you represent and warrant are all true and accurate;
Maintain the accuracy and confidentiality of your account information and remain fully responsible for all activities, postings and comments made under your account;
Be an individual who is over the age of 18 who can form legally binding contracts under Canadian law;
Use the services of LBS in conjunction with and under the supervision of a parent or guardian who is at least 18 years of age if you are less than 18 years old; and
Comply with all local Ontario and Canadian law regarding online conduct and acceptable content;.
Sellers’ Covenants and Warranties:
All Sellers covenant and warranty that:
You are responsible for the accuracy and content of the listing and for the item that is being offered for sale;
You enter into a legally binding contract directly with the purchaser to sell an item that you have listed at the time the purchaser agrees to buy;
You agree to charge reasonable shipping and handling costs;
You are legally permitted to transfer ownership of said item to a purchaser;
You are not listing items that are in your property as a result of any illegal act; and
You will complete the transaction as agreed to and will make sure the item is delivered to the buyer as described in your listing;
Purchasers’ Covenants and Warranties:
All Purchasers covenant and warranty that:
You are responsible for reading the full item listing prior to purchasing or committing to purchase an item;
You enter into a legally binding contract to purchase an item;
You will pay the required amount to purchase the item from the Seller; and
You will complete the transaction as agreed to.
LBS is not responsible nor liable for any damaged items. The Agreement to purchase/sell an item is directly between the purchaser and seller. While LBS will facilitate this transaction, LBS is not liable and is not a party to the agreement of purchase and sale. The return/exchange policy, as stipulated on the listing agreement is the policy which is applicable to the individual transaction. It must be noted that permitting returns and/or exchanges is at the sole discretion of the seller and such policy may vary from transaction to transaction.
LBS will not sell or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by LBS will only be in connection with the provision of agreed services and products.
Limitation of Liability & Disclaimer:
LBS is not involved in the actual purchase and sale transaction between purchasers and sellers. Accordingly, LBS has no control over nor does it guarantee the quality, safety, legality of items advertised, the ability of purchasers to pay for the items, that the seller will in fact ship or transfer ownership of said item, or that the purchaser or seller will in fact complete the transaction as agreed.
The information on the LBS website is provided on an ‘as is’ basis. To the fullest extent permitted by law, LBS:
Excludes all representations and warranties relating to the Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website;
Excludes all liability for damages arising out of or in connection with your use of this Website. This includes, but is not limited to, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs the data thereon or any other direct or indirect, consequential and incidental damages; and
Is not responsible for any damages resulting directly or indirectly from any delays or disruptions to our Website, viruses or other malicious software obtained by accessing our Website and the content, actions or inactions of third parties.
You acknowledge that we cannot guarantee the continuous operation of or access to our Website, services, or tools. You further acknowledge that operation of and access to our Website, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.
Links from this Website:
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that LBS is not responsible for the privacy practices or content of these sites. LBS encourages our users to be aware when they leave our Website and to read the privacy statements of these sites. LBS will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to LBS’ services and the full content of this Website.
You agree to indemnify, defend and hold harmless LBS along with our respective directors and officers, from any claim or demand, including reasonable attorneys' fees and costs of suit ("Claim" or collectively "Claims") made by any third party due to or arising out of a violation of the indemnifying party's breach or violation of any Term (including, without limitation, any representation or warranty) or the legal rights of another. The indemnified party shall provide prompt written notice to the indemnifying party of any such Claim immediately upon receipt thereof. Once notice is given, the indemnifying party shall have the right to assume, in its sole discretion, the exclusive defense and control of the matter or determine whether (and how) to resolve it amicably. The indemnified party shall cooperate fully with the indemnifying party's reasonable efforts.
If you have a dispute with one or more users, you release LBS (and our affiliates and subsidiaries and our and their respective officers and directors) from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protection, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this Release.
Neither parties shall be liable to each other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of such party.
Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he, she or they are entitled hereunder shall not constitute a waiver thereof.
These Terms and Conditions collectively represent the entire Agreement and understanding between you and LBS and supersede any other agreement or understanding, written, oral or implied, that you and LBS may have had. Any statement, inducement, promise, covenant or condition not expressly found in these Terms and Conditions shall be deemed as void.
Each Term and Condition shall be deemed to be severable. If any Term or Condition or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term or Condition within this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of Ontario.
Notification of Changes:
These Terms and Conditions form part of the Agreement between you and LBS. Your accessing of our Website indicates your understanding, agreement to and acceptance, of the full Terms of Conditions contained herein.
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