TERMS OF USE

Kreative Lane™

Description Of This Document

Before proceeding You must agree to the Terms of Service (“Terms”). By signing up for, accessing or using the Kreative Lane website You agree to comply with and be bound by these Terms. If You do not want to be bound by this Agreement, do not sign up for a Kreative Lane Membership, and do not use Kreative Lane’s Services.

This Agreement describes the legal relationship between Kreative Lane and You. The Terms constitute a legally binding contract between Kreative Lane and You: You agree to follow its terms, and Kreative Lane agrees to provide You with its Services. Please read these Terms of Service carefully as they contain important information about Your legal rights, remedies and obligations as well as Kreative Lane’s rights and obligations.

This Agreement describes Your specific rights, and imposes certain obligations on You; similarly, it gives Kreative Lane certain rights, and imposes obligations on Kreative Lane. It also sets out the limits of Kreative Lane’s obligations to You.

By signing up for a Kreative Lane Membership, You agree to be bound by the terms of this Agreement; when You use Kreative Lane’s Services, You agree to use them in accordance with the terms of this Agreement. If You do not want to be bound by this Agreement, do not sign up for a Kreative Lane Membership, and do not use Kreative Lane’s Services.

What the Membership Agreement Includes

The Kreative Lane Membership Agreement is made up of these Terms and any other agreements applicable to Your particular use of the Kreative Lane platform to which You will be alerted at the time of Your selection of such services. Each of those documents is part of this Agreement, and when You agree to be bound by this Agreement, You agree to be bound by the terms of each of those documents as well.

Kreative Lane’s collection and use of personal information in connection with Your access to and use of the Kreative Lane website is described in Our Privacy Policy.

All the documents that make up the Kreative Lane Membership Agreement include the Kreative Lane Privacy Policy and the Kreative Lane website Terms of Use (this document).

These documents constitute the entire agreement between Kreative Lane and You, and supersede and prevail over any previous negotiations or discussions, collateral agreement, additional terms and conditions, or separate understanding, whether reduced to writing or otherwise, whether made before or after the date of this Agreement.

A finding that any part of this Agreement is void, invalid, or unenforceable does not affect the validity or enforceability of the remainder of the Agreement.

If at any time You no longer wish to be bound by this Agreement, You may deactivate Your Membership at Kreative Lane. After You deactivate Your Membership, You may still be bound by certain parts of this Agreement, and Kreative Lane may retain some rights under this Agreement.

Definitions

In order to make the meaning of the Agreement clear, certain words are given precise meaning. When those words are used in the Agreement, they will be written with an uppercase first letter.

The possessive, plural, and other related forms of words with listed definitions take their meaning from the listed definition.

Modification

Kreative Lane may modify the terms of this Agreement at any time, without giving You any notice, by posting the modified Agreement at here. Kreative Lane will attempt to provide Members with notice of major changes to the Agreement by e-mail, but You will be bound by the modified Agreement regardless of whether or not You receive notice of the modifications. You should regularly check this page for the most recent version of the Agreement.

No modification or amendment of this Agreement is valid unless and until it is posted at here.

If at any time You no longer wish to be bound by this Agreement, You may deactivate Your Membership here. After You deactivate Your Membership, You may still be bound by certain parts of this Agreement, and Kreative Lane may retain some rights under this Agreement.

Notification

When You sign up for Your Membership, You will be asked to provide Kreative Lane with contact information, including Your name and email address. If Your contact information changes, You must notify Kreative Lane of Your updated contact information by updating Your profile on Kreative Lane’s website. If Kreative Lane is required to provide You with any notification, or needs to contact You for any reason, Kreative Lane will do so at the contact information You have provided. You will be deemed to have received any notification, communication, or document Kreative Lane sends to the contact information You have provided.

Kreative Lane Contact Information

Kreative Lane may be contacted at info@kreativelane.ca.

Description of Kreative Lane Services

Kreative Lane is an online platform in the form of a marketplace that enables registered users who offer products and/or services to publish such products and/or services on the Kreative Lane Platform, to communicate and transact directly with registered users that are seeking to buy or consume such products and/or services. It is important to note, however, that Kreative Lane is not part of the transaction as the transaction is between the vendor and the customer. By shopping on the Kreative Lane Platform, You understand that:

  1. You are not buying directly from Kreative Lane, but from one of the many vendors on Kreative Lane;
  2. Kreative Lane does not pre-screen vendors and therefore does not guarantee or endorse any items sold on Kreative Lane or any content posted by vendors (such as photographs or language used in listings or shop policies);
  3. Each vendor on Kreative Lane accepts all payment methods that are accepted by Our payment processor, PayPal. Each vendor has its own processing times, collection/shipping/delivery methods and shop policies
  4. The transaction is between the vendor and the customer whereas Kreative Lane and PayPal merely facilitate this transaction; and
  5. Funds will be immediately collected from the customer and PayPal will delay payout to the vendors thus giving security to both parties.

As a vendor on Kreative Lane, one can:

  • Create product and service profiles which will be searchable by other members;
  • Have one’s products and/or services appear on one’s vendor profile as clickable items that can be added to a shopping cart;
  • Configure to have custom request ability which allows the following process to occur:
    • a free text request to be made;
    • the vendor can approve and assign a price; and
    • the customer can then choose to approve the price and continue to checkout as per usual; and
    • receive payment for goods and services provided by way of PayPal to your preferred payment destination.
  • Receive, by one or more of the following methods, notifications that funds have been taken and they have an order to fulfil:
    • Email;
    • SMS text message
  • Gain verified Reviews only from customers who have actually made a purchase
  • Communicate with customers via private messaging.

As a customer on Kreative Lane, one can:

  • Search for nearby products and services;
  • Add said products and services to a shopping cart;
  • Checkout using PayPal hosted form which allows the use of both PayPal accounts as well as major credit cards;
  • Arrange for the collection of funds of one’s purchases;
  • Review both vendor products and services purchased;
  • Communicate with vendors via private messaging;

Concierge Shop Setup Service

By participating in Kreative Lane’s Concierge Shop Setup Service, you agree to provide Kreative Lane with accurate information with regards to your shop, it’s listings, relevant photos and pricing. Kreative Lane agrees to setup your shop with the information supplied to us. Once your shop setup is completed, you are responsible for your shop and maintenance of your shop. All information provided by the vendor will be destroyed after handover. It is strongly recommneded that you change your password after your shop’s setup is completed and handed over to you. Kreative Lane is not responsible for any errors that are setup as a result of the information provided to Kreative Lane. It is up to you to ensure all shop information is correct before your shop is published.

Completed Shop Setup is defined as your Shop Profile, Shop Photo(s), Your Listings and their respective photos are setup according to the file you sent to Kreative Lane. For your shop to be publicly visible and be able to take orders, you will still need to create/link a PayPal account and the click Publish.

Technical requirements

Kreative Lane may be accessed through its website at https://www.kreativelane.ca. In order to access the Kreative Lane website, You will require a computer or device that is connected to the Internet with a web browser (Chrome, FireFox, Edge or Safari) running the most up-to-date version.

Eligibility

In order to use Kreative Lane’s Services You must have the legal capacity to enter into a contract, and, in particular, You must be eighteen (18) years of age or older.

By using Kreative Lane’s Services, You expressly warrant that You meet Kreative Lane’s eligibility criteria. If Kreative Lane, at its sole discretion, determines that You do not meet its eligibility requirements, it may terminate Your Membership, delete or cease to display Your profile, listings, and other content, and deny You access to its Services.

Kreative Lane reserves the sole and absolute discretion to determine eligibility, and the criteria it uses to determine eligibility.

Registration and verification

In order to use Kreative Lane’s Services, You must register with Kreative Lane as a Member, and verify Your identity using Kreative Lane’s verification partner, PayPal. All required identity verification will be completed by Kreative Lane’s payment provider, PayPal.

In order to register You must create an Account here and provide Kreative Lane with information about Yourself, and how You can be contacted.

Although Kreative Lane takes steps to verify the identity of Our Members, We cannot and do not guarantee the accuracy of the information provided by Our verification partner, nor can We guarantee that Our verification partner or their procedures will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You may not register more than one Membership with Kreative Lane without Kreative Lane’s express prior approval. You can, however, associate more than one vendor profile with your Membership. If You attempt to register more than one Membership, Kreative Lane may cancel all Your Memberships, at its sole discretion.

You may not transfer or assign Your Membership to any other person. You may not share Your Membership with any other person, and You may not provide any other person with access to Your Account. Whilst we recommend You to not share Your Membership credentials, there may be times when You feel that sharing Your credentials is necessary with any business partners or employees. If You do share Your credentials with anyone, You do so at Your own risk. We are not responsible for any damages that occur due to sharing your credentials.

You must maintain the security of Your Account, and, in particular, You must protect the security and confidentiality of any password or other login credentials used to access Your Account. You must notify Kreative Lane immediately if You believe Your Account, or Your password or other login credentials have been in any way compromised.

Reserved rights

Kreative Lane reserves the right to terminate any Member’s Membership at any time, without advanced notice, for any reason, at Our sole discretion. This decision is not subject to review or appeal.

Term

This Agreement continues until either You or Kreative Lane terminate the Agreement.

For greater clarity, Your Membership ends when this Agreement ends, and this Agreement ends when Your Membership ends.

Termination

Kreative Lane can terminate this Agreement at any time, for any reason, at its sole discretion, by sending notice to the e-mail address You have provided as contact information. This decision is not subject to review or appeal.

You can terminate this Agreement by using the “deactivate account” feature here.

Suspension etc.

Kreative Lane may, at its sole discretion, suspend, disable, limit the functionality of, or otherwise modify the features of Your Account for any reason, without notice, for a fixed length of time or an indefinite period. Such action is not subject to review or appeal.

Accuracy of information

All the information or descriptions that You provide to Us must be accurate. If You become aware of an inaccuracy, mistake, error, or omission in any information or description that You have provided, or if information or descriptions that You have provided change in any material way, You are under an ongoing obligation to immediately correct the inaccurate or incomplete information or description. If We become aware that You have deliberately or negligently provided Us with inaccurate information or description, We may immediately terminate Your Membership.

You specifically warrant and represent that all information and descriptions that You provide to Kreative Lane are complete and accurate.

Fees

Membership to Kreative Lane is free for both vendors and customers. There are no sign-up, subscription or listing fees. A transaction fee of 7.5% of the purchase subtotal plus $0.45 (Kreative Lane’s fee), and (2) PayPal’s fee for payment processing of 2.9% of the total transaction amount plus $0.30 are both paid by the vendor. During a refund our fee and PayPal’s variable portion of their fee are proportionally refunded. PayPal’s fixed portion of their fee, $0.30, is not refundable.

Payments

The Payment Facilitator used by Kreative Lane is PayPal. In order to use Kreative Lane, You must agree and comply with PayPal’s rules and policies: PayPal Terms

Customer Purchases. You do not need to have a PayPal account in order to use Kreative Lane. Upon the completion of an order by You, payment is taken immediately. You will start the payment by clicking the yellow “PayPal Checkout” button from which You will enter the PayPal hosted checkout process. You can use an existing or newly created PayPal account or a credit card as a guest.

Vendor Payment Receipts. You will receive payments through a PayPal account that has been linked with the Kreative Lane PayPal Marketplace. Payments to You will be triggered when i) the work order is complete as agreed upon when the work order was created and the customer has collected said work order as verified by signature or you have shipped said work order, ii) 28 days have passed since the creation of the work order, whichever comes first.

Refunds. All payment modifications, cancellations and refunds must abide by the vendor’s own policies. If a vendor’s policies provide for the making of refunds, refunds will be given by the vendor by triggering a refund from the vendors’s shop’s order by selecting any or all order items and clicking ‘Refund’. In all cases, PayPal reverses the variable portion of Our processing fee as well as $0.45 of the fixed portion and charges the remaining ($0.30) or other overages to the merchant’s account.

Taxes. In acting as a vendor, You are solely responsible for determining Your obligations to report, collect, remit or include in Your Listing Fees any applicable HST, GST, GST + QST, GST + PST or other indirect sales taxes, other taxes or income taxes.

Content standards

You agree not to submit content that is deceptive, fraudulent, false, or otherwise misleading; is defamatory, libelous, obscene, pornographic, in any way illegal, or in any way objectionable; promotes or is intended to promote or incite hatred or violence, against any group distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability; is violent or threatens violence against any individual or individuals; contains intimate, secret, or private depictions of a person without their consent; promotes dangerous or illegal activities; or is otherwise contrary to this Agreement, or any other Kreative Lane policy.

Kreative Lane reserves the right to remove any User Content at any time, for any reason, at its sole discretion.

Kreative Lane’s Intellectual Property

Kreative Lane’s Services, and Platform, (including any websites, apps or web services through which Kreative Lane provides its Services), including all text, images, videos, sound recordings, multimedia content, design elements, scripts, programs, software, other information, and any other content or works in which intellectual property rights may inhere is the property of Kreative Lane or Our licensors. Kreative Lane and Our licensors reserve all intellectual property rights, including but not limited to all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.

Nothing in this Agreement grants You any rights to any intellectual property belonging to Kreative Lane or Our licensors other than as necessary to use Kreative Lane’s Services. You agree not to adjust, circumvent, or delete any intellectual property notices displayed by Kreative Lane’s Platform or Services, and in particular in any digital rights or other security technology embedded or contained within Kreative Lane’s Platform or Services.

All related names, logos, product and service names, designs and slogans are trademarks of Kreative Lane or its affiliates or licensors. You must not use such marks without the prior written permission of Kreative Lane. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.

Dispute Resolution and Arbitration

Disputes Between Members

In the event of a dispute between two Members about an issue related to or arising out of their use of Kreative Lane, its Platform, or its Services, the Members agree to notify Kreative Lane, and work in good faith with Kreative Lane and any other Members involved in the dispute to resolve it in a fair, equitable, and speedy manner. In any event, You hold Kreative Lane harmless and release Kreative Lane, its affiliates, subsidiaries, and their officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential) of any kind arising out of or in any way connected to such a dispute between members, including any claims, demands, or damages arising out of or in any way connected to Kreative Lane’s good-faith attempts to assist the Members in resolving a dispute.

Nothing in this section prevents any Member from commencing an action in the Superior Court of Justice.

Disputes with Kreative Lane

In the event that You believe You have a dispute with Kreative Lane, You are encouraged to contact Kreative Lane so that We can work with You in good faith to resolve the dispute in a fair, equitable, and speedy manner.

In the event that You and Kreative Lane are unable to come to a mutually acceptable resolution to a dispute relating to the application, interpretation, implementation, or validity of this agreement, the dispute will be resolved by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules where the costs are shared between You and Kreative Lane 50/50. You and Kreative Lane agree that the Canadian Arbitration Association Expedited Arbitration Rules provide a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in the city of Hamilton in the province of Ontario and shall proceed in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17. The decision of the Arbitrator will be binding on the parties. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction

Nothing in this section prevents any Member from commencing an action in the Superior Court of Justice.

Applicable Law

This Agreement, and any dispute arising out of or in any way connected to this Agreement or Your use of Kreative Lane’s Platform or Services, is subject to the laws of the Province of Ontario, and the laws of Canada applicable therein.

Vendors represent and warrant that any listing You post and the customer’s purchase of Your Products or Services will comply with all applicable laws (such as food safety laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a vendor, You are responsible for Your own acts and omissions and are also responsible for the acts and omissions of any individuals who are employed by or otherwise act on behalf of the vendor at Your request or invitation, excluding the customer.

Disclaimer

If You choose to use Kreative Lane’s Platform or Services, You do so voluntarily and at Your sole risk. Kreative Lane’s Platform and Services are provided “as is”, without warranty of any kind, either express or implied, except as required by applicable law.

You agree that You have had whatever opportunity You deem necessary to investigate Kreative Lane’s Services, laws, rules, or regulations that may be applicable to Your use of Kreative Lane’s Services and that You are not relying upon any statement of law or fact made by Kreative Lane relating to Our Services, and in particular, to any piece of Equipment.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Liability and Indemnification

You agree to release, defend (at Kreative Lane’s option), indemnify, and hold Kreative Lane and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement or any Kreative Lane policy, (ii) Your improper use of Kreative Lane’s Platform or Services, (iii) Your interaction with any Member, and (iv) Your breach of any laws, regulations or third party rights.

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