Pellea Inc.’s Pellea (“pellea.com”) is a community network and marketplace website comprised of dynamic websites that provides the tools and technology for vendors (”merchants”) to set up an online store and sell products or services on their own website, mobile application, at physical locations, marketplaces and more. While we believe the free and open exchange of ideas, products or services is a key tenet of commerce, there are some activities that are incompatible with Pellea’s mission to make our community network and marketplace website comprised of dynamic websites better for members (“customers” or “clients”), vendors (“merchants”) and affiliates (“partners”). This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.
For the purposes of this AUP, “Materials” means any photos, images, videos, graphics, written content, audio files, code, information, data or other content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
· Removal of violating the content
· Removal of access to elements of the site or its features
· Temporary or permanent Profile deactivation
THE FOLLOWING ACTIVITIES ARE PROHIBITED:
Child Exploitation and Sexually Explicit: You may not offer, products or services, or post or upload materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual way, nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, or suggestive.
Harassment, Bullying, Defamation and Threats: You may not offer, products or services, or post or upload materials that harass, bully, defame or threaten a specific person. Stalking, intimidation, threats, and harassment of other members, vendors or affiliates are prohibited. Harassment is defined as a pattern of offensive behaviour that appears to have the purpose of adversely affecting a targeted person or persons. Examples of harassment include making threats, repeated unwanted contacts with a person, and posting the personal information of another person. Pellea reserves the right to take action (see above) on profiles we believe may pose a threat to future members, vendors or affiliates of the Pellea community. Our members, vendors and affiliates join Pellea to create friendships. Don’t contact other members, vendors or affiliates for dating, or use the site to find sexual partners. We will consider this harassment. We take reports of unwanted sexual advances, both online and offline, seriously and they may be considered violations of our policy. Respect others’ boundaries. If another person lets you know they are uncomfortable, respect their feelings and take a step back.
Hateful Content: You may not offer, products or services, or post or upload Materials, that condone or promote violence against as acceptable, glamorous or desirable against others based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status stereotypical depiction or is otherwise abusive or inflammatory, including content that has offensive language or images.
Illegal Activities: You may not offer, products or services, or post or upload Materials, that contravene or that help, promote activities that contravene, the laws of the jurisdictions in which you work or do business like unlawful content for which Pellea has received a court order to removed. Don’t engage in nor encourage illegal activity; don’t violate any applicable law or regulation.
Misrepresentation. You must be yourself misrepresenting yourself as someone else is prohibited. This includes representation as an agent, representative, employee, or affiliate of Pellea.
Intellectual Property: You may not offer, products or services, or post or upload Materials, that infringe on the copyright or trademarks of others like unlawful content that infringes on the rights of a third-party, including intellectual property, privacy, publicity or contractual rights
Malicious and Deceptive Practices: You may not use the Services to send malware or host phishing pages. You may not do activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Pellea or others, including Pellea’s third-party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities like unsolicited promotions, political campaigning, advertising or solicitations – including content used to promote a business or, products or services – without our written consent
Personal and Confidential Information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, phone numbers, addresses, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to give such consent.
Self-Harm: You may not offer, products or services, or post or upload Materials that promote self-harm.
Spam: You may not use the Services to send unsolicited commercial electronic messages. We value human interaction and want the content on our site and sent to our members, vendors or affiliates to be personalized and valuable. Copying and pasting the same message across the site, in member-to-member, member-vendor, vendor-to-member or member-to-affiliate, affiliate-to-member messages, Requests, Groups, Local discussions or Event listings is not permitted.
Terrorist Organizations: You may not offer products or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.
Improper Use: You may not use Pellea improperly. Using Pellea in a way that could interfere with other members, vendors or affiliates from fully enjoying the site or that could impair the functioning of the site is prohibited. This includes posting anything to the site that includes viruses, corrupted data, or other potentially harmful code. Attempting to avoid Pellea systems, or using these systems in a way which undermines their intent, is prohibited.
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.
Pellea may change this AUP at any time by posting a revised version at https://www.pellea.com/acceptable-use-policy. By continuing to use the Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings in the Terms.
Illegitimate Profile: You may not create more than one Profile. Duplicating, faking, and joking profiles are not allowed. The first profile that you create must be you and is the only one that you may have. Our trust network needs everyone to stand by his or her reputation.
Retaliation Is Not Okay: It is never okay to violate Pellea’s Policies, even in response to another person who has done so.
THE FOLLOWING ACTIVITIES ARE ALLOWED:
Be Considerate and Respectful: This is a core Pellea principle that requires you to treat others in the Pellea community with civility, respect and consideration – both online and offline. Respect opposing or differing opinions and beliefs. Try to listen to and understand others with whom you may disagree. Encourage others in the community to also be welcoming and respectful.
Respect Others: Pellea is a meeting place for people of different cultures, lifestyles and ideals. By joining our community, you promise to communicate with respect and consideration, even if you meet someone you disagree with.
Work Together to Resolve Disputes: Pellea is always encouraged to work through their member, vendor or affiliate disputes and problems together with the others. Working together with others and appreciating different viewpoints are important aspects of the Pellea experience.
Use Good Judgment and Be Empathetic: When interacting with others on Pellea, try to see the world from their perspective. People contribute to the Pellea community in their own way. Disputes between members, vendors or affiliates can occur when different cultural norms create a misunderstanding, as many things are acceptable in some cultures and unacceptable in others.
Interactions With Others: It is okay to disagree. In fact, alternative points of view are a key part of cultural exchange as long as your comments are civil, respectful and polite. Remember to give the impression of assuming goodwill on the part of the person with whom you are disagreeing.
Stay Safe: Safety Is a Cornerstone of the Pellea Community. Member, Vendors and Affiliates safety is very important to Pellea and the health of the community. Please check the Safety Tips section on the Safety Tips page for more information.
Price Right: You may reasonably charge for your products or services. Vendors asking members for money towards paid products or services are allowed.
Leave References: The reference system allows members, vendors and affiliates to share information about their interactions with others enabling the community to make more informed decisions.
Vendors who have sold to members or members who have bought from vendors are permitted to give private feedback (to Pellea) and public references within 14 days after the offered products or services. Members must have a products or services request with the “Yes” “Maybe” or “Confirmed” status to leave a vendor reference. Other members may create references under the “Other” or “Friend” reference designations (as opposed to “vendor”).
References should be correct and relevant to the experience with the recipient.
Pellea does not generally interfere with reference content left by members, vendors or affiliates. In extremely rare circumstances, Pellea may censor, temporarily hide, or remove reference content if it violates our Reference Guidelines.
A reference may be censored, temporarily hidden, or removed in the following cases:
1. Order To Remove: We are served with a court or law enforcement order to remove the reference
2. Not The Author: The reference entirely reflects the experience of someone other than the author
3. False Reference: The reference is false, in a meaningful way, according to information in the Pellea system
Note: When contacting us regarding trust and safety, the reporter should provide the false statement, and details of the exact location of the evidence within the Pellea website.
4. Anonymous: The reference is anonymous
Note: For example, left from a blank profile that was created only to leave the reference.
5. No Contact: There has been no direct interaction, either offline or online over Pellea’s system, between the person writing the reference and the person receiving it
6. Multiple References: There are multiple references for the same confirmed visit from the same member, vendor or affiliate. In this case, we will keep the first “Vendor” reference left.
7. Private Information: The reference discloses private contact information, medical condition, or legal circumstance
If you’ve received a reference that falls under the above cases, please Contact Us. Please include a link to your profile, the name of the member, vendor or affiliate whose reference you are disputing, and the exact guideline(s) you believe this reference violates.
Pellea is generally unable to verify the accuracy of references describing offline interactions, and only act when a violation of this policy has occurred.
Pellea’s members, vendors or affiliates can only report references left on their own profile.
Note: Pellea’s staff reserves the right to remove any reference that undermines the integrity of the Reference System
Report Violations: If you feel another person is violating Pellea’s Policies, use the Flagging or Report tools available next to posts, events, messages, and on profiles. You can also Contact Us.
SECTION 2 – INFORMATION FROM VENDORS
What information do we collect from Vendors and why?
We collect your name, company name, business type, website, email address, twitter or other social media handles, phone number(s), address, Stripe Account, PayPal Account, credit card details and GST/HST number.
We need this information to give you our Services; such as, to confirm your identity, contact you, and invoice you.
We collect data about the Pellea-hosted web pages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
We need this information to give you access to and improve our Services.
Upon completing the sign-up process for the products or services, and depending on your location, we may create a Pellea Payments account on your behalf. If you activate a Pellea Payments account (applicable only to Canada, US, UK, and Australia Vendors), we collect your business address, business type, business ID number, date of birth (if you are an individual business owner), bank account information and government-issued identification information, such as your Social Security Number or your Social Insurance Number or, alternatively, if you are Canadian Vendor and choose not to give your Social Insurance Number, a copy of your government-issued identification.
We need this information to create a Pellea Payments account for you, to give you Pellea Payments services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
We collect Personal Information about our Members that you share with us or that offer while shopping or during checkout.
We use this information to give you our Services and so that you can process orders and better serve our Members.
We will also use Personal Information in other cases where you have given us your express permission.
When do we collect this information?
We collect Personal Information when you sign up for our Services when you access our Services or otherwise give us the information.
SECTION 3 – INFORMATION FROM MEMBERS
We collect the information you give to us, such as when you create an account, update your profile, use the interactive features of our Services, take part in contests, promotions or surveys, request customer or client support or otherwise communicate with us.
What information do we collect and why?
The types of information we may collect include:
Members’ name, username, email address, date of birth, relationship, languages, gender, phone number, address, locations, photographs, shipping and billing address, payment details, IP address and device data;
Messages and interactive forum information, such as discussion group posts, messages to other Members and information you give in connection with activities and events;
Other backgrounds, contact and demographic information, such as your user type, user type, description, occupation, education, skills, experiences, interests, views, personal URL, IM username, emergency contact, and other self-descriptions you choose to give;
Information stored on your mobile devices, such as your photos, calendar information and contacts, if you have given us permission to get access to this information;
Information about you from other Members such as trust ratings, friend connections, public references, and other interconnections and interactions between you and other Members.
Information provided to us by you as a part of the identity verification process. This includes the identity document and images used in the process, as well as the information included on the identity document provided.
We need this information to offer Members our Services, including supporting and processing orders, authentication, and processing payments. We also use this information to improve our Services.
When do we collect this information?
Information is collected when a Member uses or accesses our Services, such as when a Member visits a Vendor’s site, places an order or signs up for an account on a Vendor’s site.
SECTION 4 – INFORMATION FROM AFFILIATES
Affiliate are individuals or businesses that have agreed to the terms of Pellea Partner Program to work with Pellea to promote the Services by (a) referring customers or clients to Pellea; (b) developing Pellea store themes for Affiliate use; or (c) developing apps using the Pellea Application Interface (API) for Affiliate use.
What information do we collect from Affiliates and why?
We collect your name, website, email address, twitter or other social media handles, phone number(s), address, locations, Stripe Account, PayPal Account and credit card details.
We use this information to work with you, confirm your identity, contact you, and pay you.
We collect data about the Pellea-hosted web pages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
We use this information to give you access to and improve our Services.
We collect Personal Information about our Members that you share with us or that they give to us directly.
We use this information to work with you and to offer our Services to our Members.
We will also use Personal Information in other cases where you have given us express permission.
When do we collect this information?
We collect this information when you sign up for an Affiliate Account, when you sign up one of your Members for our Services, or when our Members sign up themselves. We also collect any other information that you might give to us.
SECTION 5 INFORMATION FROM PELLEA WEBSITES VISITORS AND SUPPORT USERS
What information do we collect and why?
From Pellea websites visitors, we collect information about the device and browser you use, your network connection and your IP address. We also collect Personal Information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).
We may also receive Personal Information when you buy tickets or make other requests to Pellea via any of our websites.
From telephone support users, we collect your phone number and call audio.
From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address and chat transcript.
From forum users, we collect your name, email address and website URL.
We use this information to give and enhance our Services (including servicing your account, if applicable), and answer any questions you may have.
When do we collect this information?
We collect this information when you visit Pellea-hosted web pages, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any other information that you might give to us.
SECTION 6 – CONSENT
What is the age of consent?
By using these websites, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
How do you get my consent?
When our Members’, Vendors’ or Affiliates’ give us personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or give you an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting our Privacy Compliance Officer here or via email at [email protected].
Our store is hosted on Pellea.com. They give us an online e-commerce platform that allows vendors to sell our products or services to members.
Your data is stored through Pellea’s data storage, databases and the general Pellea application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Pellea stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help make sure the secure handling of credit card information by our store and its service providers.
In general, the third-party providers used by us will only collect, use and show your information to the extent necessary to allow them to do the services they give to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to give to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the way your personal information will be handled by these providers.
In particular, remember that certain providers may be in or have facilities that are located in a different jurisdiction than either you or us. So if you choose to do with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and urge you to read their privacy statements.
Social Media Tools
SECTION 10 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you give us your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and carry out additional generally accepted industry standards.
You may change your privacy settings and decide whether certain information about you will be visible to others by navigating to “Account & Settings” on our websites and editing your “Privacy Settings.”
You may update or correct information about you or deactivate your account at any time by logging into your account and editing your profile. Pellea will not give members access to account data that is not already available to a logged in member. Even after you deactivate your account, we may keep certain information as required by law, for legitimate business purposes or to protect member safety. If your account is deactivated, Pellea will give access to the data associated with the deactivated account upon receipt of the required legal documentation.
Location Information via Mobile Device
You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device and by after the standard uninstall process and removing Pellea’s application from your device. Doing so, however, may mean that you cannot use all or a portion of our Services.
Information From Cookies and Similar Tracking Technologies
What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our websites or websites.
Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Pellea to store information about your session (referrer, landing page, etc).
_Pellea_visit, no data held, Persistent for 30 minutes from the last visit, Used by our websites or websites provider’s internal stats tracker to record the number of visits.
_Pellea_uniq, no data held, expires midnight (on the visitor) of the next day, Counts the number of visits to a store by a single Member.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional.
storefront_digest, unique token, indefinite If the shop has a password, this is used to decide if the current visitor has access.
Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
We may also use web beacons, tracking technology and other automated tracking methods on our websites or websites, in communications with you, and in our products or services, to measure performance and engagement.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
The purpose of a cookie is to find you electronically, store your preferences for viewing our web-pages, allow “re-marketing” relevant to your interests based on your visits to our site, and show you relevant ads on our websites or websites and across the Internet.
Through first-party and third-party cookies, third parties may collect information about you while you are visiting Pellea-hosted web-pages and other websites. They may use this data to show you advertisements on Pellea-hosted web-pages and across the Internet-based on your earlier visits to these sites. We do not collect this information or control the content of the advertisements that you will see.
When and why do we share Personal Information with third parties?
Pellea works with third parties to help give you our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also receive Personal Information from our partners and third parties.
Personal Information may be shared with third-party vendors to help us conduct marketing and/or advertising campaigns.
Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
Pellea is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Principles, the U.S.-Swiss Safe Harbor Framework, and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
Pellea will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in Section 9.
Pellea remains responsible for Personal Information that is transferred to a third-party for processing or to support our efforts in providing you with our Services. Any Personal Information transferred to a third-party for data processing is processed in accordance with our instructions, and is subject, by law, to a comparable level of protection as that provided by Pellea.
A “comparable level of protection” means a level of protection generally equivalent to that provided by Pellea.
What do we do with your Personal Information when you terminate your relationship with us?
We will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.
We will continue to store anonymous or anonymized information, such as websites or websites visits, without identifiers, to improve our Services.
What we don’t do with your Personal Information?
We do not and will never share, disclose, sell, rent, or otherwise Provide Personal Information to other companies (other than to specific Pellea Vendors you may be interacting with) for the marketing of their own products or services.
If you are a Vendor using Pellea’ Services, we do not use the Personal Information we collect from you or your Members to independently contact or market to your Members. However, Pellea may contact or market to your Members if we obtain their information from another source, such as from the Members themselves.
How do we keep your Personal Information secure?
We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
We do annual audits to make sure our handling of your credit card information aligns with industry guidelines. We are certified as a PCI DSS Level 1 compliant service provider, which is the highest level of compliance available, and our platform is audited annually by a third-party qualified security assessor.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.
Residents of the European Economic Area (“EEA”)
Pellea works with Vendors and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Pellea Inc. Please note that as part of our service, we may transfer your personal information to other regions, including to Canada and the United States. In order to make sure that your information is protected when transferred out of the EEA, Pellea relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our various affiliates that may process your information on behalf of Pellea Inc.
Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.
How do we protect your information across borders?
While Pellea Inc. is a Canadian company, we provide services to Members and our technology processes data from users around the world. Accordingly, Pellea may send your personal information outside of the country, state, or province in which you are located.
Pellea (specifically Pellea’ affiliates Pellea Data Processing (USA) Inc., Pellea Payments (USA) Inc., and Pellea (USA) Inc.) complies with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the European Economic Area (“EEA”), and with the U.S.-Swiss Safe Harbor Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.
If you are located in the EEA or in Switzerland and believe that your Personal Information has been used in a way that is not consistent with the relevant privacy policies listed above, please contact us using the information below. If your complaint or dispute remains unresolved, you may also contact the International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA). This organization provides independent dispute resolution services, at no charge to you. ICDR/AAA can be contacted at https://www.adr.org.
If, after attempting to resolve a dispute through ICDR/AAA, you feel that your concerns about the use of your Personal Information have not been resolved, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit https://www.privacyshield.gov.
By participating in the EU-U.S. Privacy Shield Framework and the U.S.-Swiss Safe Harbor Framework, Pellea participating U.S. entities are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the EU-U.S. Privacy Shield, please visit https://www.privacyshield.gov. For more information about the U.S.-Swiss Safe Harbor Framework, please visit https://www.export.gov/safeharbor_swiss.
Control and access to your Personal Information
You retain all rights to your Personal Information and can get access to it anytime. In addition, Pellea takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. You can update many types of Personal Information, such as payment or contact information, directly within your account settings. If you are unable to change your Personal Information within your account settings, please contact us to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.
Questions and Contact Information
This community network and marketplace website comprised of dynamic websites are operated by Pellea Inc. Throughout the site, the terms “we”, “us” and “our” refer to Pellea. Pellea offers this community network and marketplace website comprised of dynamic websites, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our websites are hosted by Pellea. They give us the community network and marketplace platform that allows us to sell our products or services to you.
SECTION 1 – INTRODUCTION
Welcome to Pellea!
SECTION 2 – ELIGIBILITY, REGISTRATION AND ACCOUNT
You must be at least 18 years old to get access to or use the Services. By registering to use our Services, you represent that you are at least 18 years old. In order to use certain areas and features of our Services, you will need to register for an account using either your email address or your login credentials from a third-party social media site. If you register with your email address, you agree to create a unique password that you do not use with any other online product and/or service. By registering for an account, you further agree to (a) give correct, truthful, current and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account by protecting your password and restricting access to your account; (d) promptly notify Pellea if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.
SECTION 3 – INTERACTIONS WITH OTHER MEMBERS
3.1 You Have Sole Responsibility When Interacting with Other Members. Our Services give a platform for members to learn about one another, arrange the offerings of product/services, engage in activities and communicate with one another. Pellea is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to check interactions between you and other members of our Services.
Remember, Pellea’s Services is just a platform that enables you to communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other Pellea members, so please use good judgment and keep safety in mind when you use our Services.
3.2 Identity Verification. We cannot and do not confirm each member’s identity. Although we give tools intended to help with identity verification, such as our address verification tool (as described in Section 3.3), you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Pellea does not represent or permit that our tools are enough to decide whether it is right for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services (other than the address-verification tool as described in Section 3.3). We urge you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.
3.3 Our Address-Verification Tool. Our address verification tool is intended merely to confirm that the postal address a member submits to us is an address at which that member is able to get access to or receive mail. Pellea’s address verification tool is not intended to confirm that a member actually resides at a particular address. While this is one of many ways to reduces the risk of misconduct by a member, it is not a guarantee of any member’s identity or good faith.
3.4 Member-Hosted Events; Pellea members may organize in-person meetings and host events for other Pellea members; however, these events are not sponsored or endorsed by Pellea and members attend such meetings and events at their own risk.
3.5 Release. Because our Services are merely a platform, if you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (real and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
SECTION 4 – MEMBER CONDUCT AND CONTENT
The Services include interactive areas where you or other members can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics or other items or materials on the Services (collectively, “Member Content”). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
4.1 Member Content Restrictions. You are solely responsible for any Member Content that you give, post or send via our Services. You agree not to post, upload to, send, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:
(a) is unlawful, libellous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any municipal, provincial, federal or international law;
(b) has nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) has offensive language or images or is otherwise objectionable;
(f) incites violence or characterizes violence as acceptable, glamorous or desirable;
(g) has unsolicited promotions, political campaigning, advertising or solicitations, without our earlier written consent;
(h) has private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or
(k) would constitute, encourage or give instructions for a criminal offence or violate the rights of any third-party. Pellea is not responsible for any Member Content that you or other members post, send or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may tell us of such content by using the reporting tools provided on our Services. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4.2 Member Conduct. By accessing or using the Services, you agree to act responsibly, exercise good judgment and comply with the Community Guidelines. In addition, you agree not to:
(a) use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the Services in any way that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any way;
(d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);
(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;
(f) collect or store any information about any other member other than as permitted on our Services;
(g) use our Services for any commercial purpose whatsoever, unless with prior written consent from Pellea;
(h) register for more than one member account;
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to give information;
(j) circumvent or attempt to defeat any security or verification measure on the use of these Services;
(k) hold yourself out as an agent, representative, employee or affiliate of Pellea, including but not limited to when you host an event for other Pellea members or sign up to be a Pellea Ambassador; or
(l) help any third-party in doing any of the foregoing.
SECTION 5 – SUBMISSIONS
Separate and apart from Member Content, we welcome questions, comments, suggestions and ideas about Pellea and our Services (“Submissions”). If you give a Submission, whether by email or otherwise, you agree that it is non-confidential (unless Pellea states otherwise in writing) and shall become the sole property of Pellea. Pellea shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that Pellea is not obligated to give acknowledgment or compensation to you in exchange for Submissions.
SECTION 6 – COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Pellea logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the choice and arrangement thereof, (collectively, the “Pellea Materials”) are the proprietary property of Pellea or our licensors or members and are protected by Canadian and international copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to get access to and use the Services and Pellea Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Pellea Materials; (b) the distribution, public performance or public display of any Pellea Materials; (c) modifying or otherwise making any derivative uses of the Services and the Pellea Materials, or any part thereof, unless modification or derivative use is specifically permitted under applicable law or provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any part of the Services, the Pellea Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Pellea Materials other than for their intended purposes. Any use of the Services or the Pellea Materials other than as specifically authorized herein, without the earlier written permission of Pellea, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
SECTION 7 – REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Pellea has adopted a policy of terminating, in right circumstances and in Pellea’s sole discretion, members who are deemed to be repeat infringers. Pellea may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any members who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.
SECTION 8 – COPYRIGHT COMPLAINTS
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with the Pellea Copyright Agent as set forth below.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
SECTION 9 – TRADEMARKS
“Pellea,” the Pellea logos and any other Pellea service name or slogan contained on the Services are trademarks of Pellea and may not be copied, imitated or used, in whole or in part, without the earlier written permission of Pellea or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Pellea” or any other name, trademark or product and/or service name of Pellea without our earlier written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Pellea and may not be copied, imitated or used, in whole or in part, without our earlier written permission. All other trademarks, registered trademarks, product/service names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Any authorized use of these trademarks must be in accordance with guidelines that Pellea may give you from time to time.
Our logo and the terms “Pellea” and “Pellea”, as well as other terms and visual elements that you might see throughout the Pellea Services, are protected trademarks. However, we do support members using these trademarks in the right ways, such as to make your own T-shirts or to create local Pellea community social media pages.
SECTION 10 – HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray Pellea or any of our services in a false, misleading, derogatory or otherwise defamatory way and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Pellea logo or other proprietary graphic of Pellea to link to the Services without the express written permission of Pellea. Further, you may not use, frame or use framing techniques to enclose any Pellea trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Pellea’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary rights of Pellea or any third-party.
SECTION 11 – THIRD-PARTY CONTENT
SECTION 12 – TERMINATION
If you are in breach of these Terms, or any other policies or community standards we have in place from time to time, we may, in our discretion at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Pellea account without our earlier written permission.
In rare circumstances, when we feel it is necessary to protect the safety or the well-being of the Pellea community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.
SECTION 13 – DISCONTINUANCE OF SERVICES
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any part of our Services.
SECTION 14 – MEMBER’S REPRESENTATIONS AND WARRANTIES
14.1. You hereby represent and warrant that you have the full power and authority to enter and do under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
14.2. You hereby represent and warrant that you will use our Services in a manner consistent with any and all applicable local, Provincial, national and international laws and regulations, including, but not limited to.
14.3. If you are (a) located in, under the control of, or a national or resident of any country to which Canada has embargoed goods or services, (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Denied Persons List, you represent and warrant that you will not engage in financial transactions with, or commercial activities on, Pellea (including making payments in connection with any identity verification tools provided by Pellea). Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than Canada.
14.4. You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms (such as, if you are not allowed to give the types of personal information that we require or if you are prohibited from participating in certain Internet activity). By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.
SECTION 15 – DISCLAIMER OF WARRANTIES
15.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
15.2. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
15.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
15.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SECTION 16 – LIMITS ON LIABILITY
16.1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL PELLEA, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
16.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
16.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
16.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
16.5 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.
SECTION 17 – INDEMNITY
You shall defend, indemnify and hold harmless Pellea (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or about (a) your use of our Services; (b) any Member Content or Submissions you give; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Pellea for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and decide whether we wish to settle it, and if so, on what terms.
SECTION 18 – REPORTING MISCONDUCT
If you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, who steals from you or engages in any other disturbing conduct, we strongly urge you to immediately report such person to the right authorities and to us by contacting us using the Pellea’s Help Center. Please note that although we urge you to report misconduct, we are not responsible or liable for our members’ actions, and we are not obligated to take any action.
SECTION 19 – DISPUTES
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PELLEA AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Pellea agree to arbitrate any dispute arising from these Terms or about the Services, except that you and Pellea are not required to arbitrate any dispute in which either party seeks fair or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Pellea agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution before any demand for arbitration, that any arbitration will occur in Toronto, Ontario and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Pellea also agree that the provincial or federal courts in Toronto, Ontario have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class rules and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PELLEA WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
SECTION 20 – MISCELLANEOUS
20.1 Assignment. You may not assign any of your rights or obligations under these Terms without prior written consent from Pellea. Pellea may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
20.2 Entire Agreement. These Terms contain the entire agreement and supersede all earlier and contemporaneous understandings, between the parties of their subject.
20.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
20.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
20.5 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
20.6 Survival. Sections 3.5 (Release), 4 (Member Conduct and Content), 5 (Submissions), 9 (Trademarks), 11 (Third-Party Content), 14 (Member’s Representations and Warranties), 15 (Disclaimer of Warranties), 16 (Limits on Liability), 17 (Indemnity), 19 (Disputes), and this Section 20 (Miscellaneous) shall survive any termination or expiration of these Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this online store.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not send any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any of the Service, use of the Service, or access to the Service or any contact on these websites through which the service is provided, without express wrote permission by us.
The headings used in this agreement include for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not correct, complete or current. The material on this site provides for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to check changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products or services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through these websites. These products or services or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products or services that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be correct.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services or product/service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product/service at any time. Any offer for any products or services made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer or client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to tell you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to give current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
We may not give you access to third-party tools over which we neither check nor have any control or response.
You acknowledge and agree that we give access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or on your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should make sure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through these websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS/TERMS
Certain content, products or services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (such as contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, check, edit or remove content that we decide in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that has typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related websites is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related websites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related websites should be taken to show that all information in the Service or on any related websites has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to do or take part in any unlawful acts; (c) to violate any international, federal, state/provincial or municipal regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to give false or misleading information; (g) to upload or send viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related websites for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products or services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pellea Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products or services procured using the service, or for any other claim related in any way to your use of the service or any product/service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states, provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pellea Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we give you Services shall be governed by and construed in accordance with the laws of Toronto Ontario, Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can check the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our websites. It is your responsibility to check our websites periodically for changes. Your continued use or access to our websites or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes. Your continued use of or access to our websites or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those changes
SECTION 20 – CONTACT INFORMATION
Please Contact Us with any questions about these Terms. You can contact us by email at [email protected]
At Pellea Inc., we do everything we can to make sure you are happy with your purchase, but we know that sometimes a product or service is just not right. We’ve made our refund policy as easy as possible. For our refund policy see the sections below.
Thank you for shopping at Pellea Inc.
Please read this refund policy carefully. This is the Refund Policy of Pellea Inc. and is licensed by Pellea Inc.
Products or Services Requirements
We can issue members full-refunds, minus the service fee for products up to 14 days after the purchase date of the product and full-refunds, minus the service fee for services up to 1 day before the delivery date of the service.
We can issue members partial-refunds, minus the service fee for products from 15 to 21 days after the purchase date of the product and partial-refunds, minus the service fee for services up to 1 day after the delivery date of the service.
We, unfortunately, can’t issue members refunds for products more than 22 days after the purchase date of the product and refunds for services more than 1 day after the delivery date of the service.
To be eligible for a refund, your product(s) or service(s) must be unused. It must also be of the original purchase or delivery date.
To complete your refund request, we need a receipt or proof of purchase and refund reason.
Please do not send your receipt or proof of purchase back to the vendor (“merchant”).
We recommend contacting us for help if you experience any issues purchasing our products or services.
Once your refund request is received and reviewed, we will send you an email to notify you that we have received receipt or proof of purchase for our products or services. We will also notify you of the approval or rejection of your refund.
If you are rejected, then Pellea Inc. will tell the member that the return has been rejected and no refund will be issued to the member. The member can choose one of the following options.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again, then contact your credit card company. It may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet or have any question about our Refunds Policy, please contact us: