All Things Sustainable Inc.
Terms & Conditions
Note: Throughout this document, All Things Sustainable Inc. will be referred to as All Things Sustainable or ATS
1. Accepting These Terms
The Terms are a legally binding contract between you and All Things Sustainable Inc.
This contract sets out your rights and responsibilities when you use our website allthingsustainable.shop, any associated mobile apps, and any other current or future services provided by ATS (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
www.allthingsustainable.shop is built using Shopify and numerous Applications within the Shopify ecosystem. ATS is not responsible for any services provided by these entities or any failure of these entities to provide any service to you or the end user.
2. Your Privacy
Both ATS and Vendors will process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not ATS, will be responsible for that unauthorised disclosure.
If, however, ATS and Vendors are found to be joint data controllers of buyers’ personal information, and if ATS is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify ATS for the expenses it occurs in connection with your processing of buyer personal information. See Section 7. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to ATS.
3. Your Account with ATS
You’ll need to create an account with ATS to use some of our Services. Here are a few rules about accounts with ATS:
- You must be 18 years or older to use our Services independently. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Additionally, you are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available on the platform that you may want to consider to limit a minor's access to material online.
- Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account on ATS. Any names associated with your account, may not contain language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You're responsible for your account. You’re solely responsible for any activity on your account. When you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable but if you’re sharing an account with other people, then the person or entity whose financial information is on the account will ultimately be responsible for all activity.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure and protected.
- These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and ATS.
4. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
- You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it on ATS.
- By posting Your Content through our Services, you grant ATS a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help ATS function and grow, upon our discretion. For example, you acknowledge and agree ATS may offer you or ATS buyers promotions on the Site, from time to time, that may relate to your listings.
- By posting Your Content, you grant ATS a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote ATS, your ATS shop, or the Services in general, in any formats and through any channels, including across any ATS Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information
- Reporting Unauthorised Content. ATS is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please email us at email@example.com If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
- Inappropriate, False, or Misleading Content. There are certain types of content we don’t want posted on ATS’s Services, such as content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You agree not to post any such content. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive to the end user.
5. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:
- You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against ATS, another ATS user, or a third party.
- You are responsible for paying all fees that you owe to ATS. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. ATS will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT”. In addition, ATS will calculate, collect, and remit sales tax where applicable.
- You and your affiliates agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- You and your affiliates agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to ATS (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
6. Warranties and Limitation of Liability
Items You Purchase. You understand that ATS does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so ATS can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release ATS from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. ATS is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Gift Cards and Promotions. You acknowledge that ATS does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES. ATS IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ATS, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL ATS’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) (CAD) OR THE AMOUNT YOU PAID ATS IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if ATS gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend ATS (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
8. Disputes with Other Users
If you find yourself in a dispute with another user of ATS’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system. ATS will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. ATS has no obligation to resolve any disputes.
Release of ATS. You release ATS from any claims, demands, and damages arising out of disputes with other users or parties.
9. Disputes with ATS
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the laws of Ontario without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live, but if you live outside of Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- Arbitration. You and ATS agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and ATS are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of Arbitration. Payment for any and all reasonable Canadian Arbitration Association filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. ATS will not pay for the filing, administrative, and arbitrator fees associated with the arbitration. For mediation through CEDR, the parties will pay their share of mediation costs.
- Modifications. If we make any changes to this “Disputes with ATS” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against ATS prior to the date the changes became effective. ATS will notify you of substantive changes to the “Disputes with ATS” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send ATS a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and ATS in accordance with the provisions of this “Disputes with ATS” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
10. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
11. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and ATS regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
12. Contact Information
If you have any questions about the Terms, please email us at firstname.lastname@example.org
Additional Policies for Vendor
In addition to the above Terms & Conditions, all vendors/sellers need to comply with the following policies at all times. Failure to do so will result in immediate account termination and potential legal action.
1. Prohibited Items Policy
ATS is a curated marketplace and for a variety of reasons, we prohibit certain types of items from being sold on ATS. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of ATS.
The following types of items are prohibited or restricted on ATS:
- Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
- Animal Products and Human Remains
- Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- Hate Items: Items that Promote, Support, or Glorify Hatred
- Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- Internationally Regulated Items
- Pornography and Mature Content
- Violent Items: Items that Promote, Support, or Glorify Violence
We have a zero tolerance policy for prohibited items, particularly those that promote, support or glorify hatred, those that promote, support or glorify violence, or are unlawful. Vendors deemed to violate this policy can be subject to immediate account suspension or termination. Moreover, we have the executive right to remove any product we see unfit for the ATS and seek legal action.
2. Fees & Payments Policy
Vendors may be charged for using some of ATS’s services. This Fees & Payments Policy explains your fees and taxes and how to pay them.
Sellers may be required to pay the following types of fees. Please note that all fees are listed exclusive of any value - added tax (VAT) that may apply.
When you sell on ATS, we will charge 15% commission on the sale price of each good sold. If you are a student-led business, for that we will only charge 10% commission on the sale price of each good sold. These commissions will be automatically calculated at point of sale and will be collected on a pre- determined schedule.
Vendors will be charged a listing fee of $0.20 CAD/Month for each good or product that will be listed for sale on ATS. As a new vendor welcome incentive, ATS will not charge a listing fee for the first 9 months.
3. Shipping & Refund policy
Each Vendor will have their own shipping, returns & exchanges policy. Each vendor is required to have these policies on their vendor profile page and in the description of each product. All aspects of shipping, returns & exchanges (such as cost, logistics etc.) will be incurred/ handled by the sellers. ATS will not be liable for any delays, loss, misrepresentation etc.
As mentioned earlier, our mission is to accelerate the adoption of sustainable products and services by making it more convenient & affordable for customers to shop sustainably. With that in mind we are asking all our vendors to offer free shipping above 35 CAD for all products. For all orders below 35 CAD we ask vendors to offer maximum flat rate shipping of 7 CAD across Canada. To avoid any losses from shipping & to reduce the carbon footprint of small order shipping, we encourage our vendors to bundle each product and price it over 35 CAD.