By continuing to review, navigate or use the Site, or otherwise accept the Terms & Policy, You have entered into an agreement with FW2Women. The agreement sets out the terms and conditions for You to access and/or use FW2Women’s Site and other goods and services offered by FW2Women (collectively the “FW2WOMEN™ Goods and Services”).
You understand that as a user of the Site, You may be asked to enter into, or You yourself may request to enter into other agreements with other users of the Site in order to offer, receive, or otherwise exchange goods and services made available through the Site. When you enter into such agreements or arrangements with other users of the Site, this is between You and the other user(s) and not binding on FW2Women. FW2Women is not a party to such agreements and arrangements and You agree that FW2Women is not responsible or liable to you if any issues or damages to You arise with respect to these independently formed contractual relationships.
2. SITE ACCESS
2.1 Site Mandate
The Site was established by FW2Women to serve the socioeconomic needs of women and others who identify as women. The Site is also available for individuals who wish to access quality goods and services, or support women and others who identify as women in Canada to overcome direct and systemic barriers to exercising their rights of choice and achieving parity with respect to economic and professional opportunities.
2.2 Your Rights to Use the Site
You also accept, consistent with the mandate of FW2Women, that providers are limited to women and those who identify as women and are under no obligation, in accordance with customary commercial practices, to accept a buyer as a client and provide their goods and services.
2.3 Your Relationship with FW2Women
You agree that your use of the Site and/or participation in the FW2WOMEN TM marketplace and greater community does not create an employment relationship between You and FW2Women. If you participate in the FW2WOMEN™ marketplace, you are buying or selling offerings directly to other users of the Site and FW2Women is only providing you a forum and certain means to engage in such transactions. As such, You undertake to be responsible for assessing and making all payments for taxes and other remittances prescribed by government authorities; FW2Women does not provide any support or services to users of the Site for this purpose.
You also acknowledge and agree that:
2.4 Your Participation in the FW2WOMEN™ Community
By using the Site you are choosing to become part of the FW2WOMEN™ community, which includes participants in the FW2WOMEN™ marketplace, FW2Women and other users of the Site.
Any misuse of the Site, other FW2WOMEN™ Goods and Services, or the content and offerings of providers in the FW2WOMEN™ marketplace and greater community, as well as abusive behaviours when using the Site, may result in the cancellation of your account, access to the Site, and legal sanctions.
3. FW2WOMEN GOODS AND SERVICES DESCRIPTIONS
FW2Women strives to be as accurate as possible with its goods and services descriptions and to guide participants in the FW2WOMEN™ marketplace and greater community to implement best practices with respect to informing other participants regarding their offering. FW2Women, however, does not warrant that descriptions of the FW2WOMEN™ Goods and Services or other content related to FW2WOMEN™ Goods and Services is complete or error-free. Regarding inaccuracies or misleading information posted by participants in the FW2WOMEN TM marketplace and greater community, the Site offers You the opportunity to contribute to the moderation of participant content based on participant experiences.
FW2Women reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time, and without prior written notice to You, to its descriptions of the FW2WOMEN™ Goods and Services, warranties and prices, for any reason whatsoever, including, without limitation to address errors, product discontinuation, cost adjustments, changing market conditions or any other business or regulatory factors.
4. JURISDICTIONAL RESTRICTIONS
The Site can be generally accessed worldwide. You understand that, due to governmental restrictions, some or all of the FW2WOMEN™ Goods and Services may not be available to persons or entities residing or connecting to the internet in certain jurisdictions or geographical areas. FW2Women reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any FW2WOMEN™ Goods and Services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply.
FW2Women does not represent or warrant that all FW2WOMEN™ Goods and Services will be available for purchase by You through this Site. Where jurisdictional limitations affect You and your ability to access FW2WOMEN™ Goods and Services, You agree not to attempt to redirect FW2WOMEN™ Goods and Services from other jurisdictions to You and acknowledge that any initiative on your part to do so may be unlawful, and expose You to legal sanctions.
5. PRICING AND PAYMENT
Ensuring a strong and robust FW2WOMEN™ marketplace and greater community requires that all participants agree to certain conditions for the management of payments for offerings made available through the Site.
5.1 FW2Women Fees
There are no fees for creating a profile and posting on the Site as a participant in the FW2WOMEN™ marketplace. FW2Women instead takes a commission on successfully completed transactions between participants in the FW2WOMEN™ marketplace. The commission rates are provided on the Site and may be updated from time to time without the obligation to provide prior written notice to You; however, agreements to enter into a transaction confirmed prior to the effective change of FW2Women commission rates will be subject to the commission rates applicable at the time the agreement to exchange goods and services was made between participants in the FW2WOMEN™ marketplace.
5.2 Transactions in the FW2WOMEN™ Marketplace
When providing your offerings through the FW2WOMEN™ marketplace, You agree to complete the payment transactions for your offerings through the Site. If you make arrangements for a buyer who seeks out your offerings through the Site, to pay you outside of the Site, FW2Women reserves the right, in its sole discretion, to cancel and delete your account with FW2Women.
5.3 Payment Information
You understand that You will have to provide credit card or other payment information (the “Payment Information”) through the Site to third party service providers that FW2Women works with so that you can purchase FW2WOMEN™ Goods and Services and transact with others in the FW2WOMEN™ marketplace. You represent that You have the authority to provide the Payment Information and that the Payment Information is, or will be accurate and complete. FW2Women or its service providers will use the Information to charge You for any FW2WOMEN™Goods and Services and to meet your commitments to providers you have purchased goods and services from through the Site. If You do not wish to provide the Payment Information, FW2Women will not be able to process your purchase request or otherwise facilitate the transaction between yourself and another participant in the FW2WOMEN™marketplace.
5.4 Additional Charges
By way of general information, You are advised that all prices and payments are subject to applicable state/provincial and federal sales and usage taxes, handling charges and shipping charges. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, tariffs, customs and duties, all of which will be paid and provided for solely by You as a buyer or provider in the FW2WOMEN™ marketplace, as the case may be.
6. YOUR ACCOUNT, PROFILE & CONSENT
When You set up your profile, You are required to provide certain information and upload a clear picture of yourself for the benefit of other users of the Site. This is a fundamental aspect of supporting the ability of users to make confident choices knowing they can verify the identity of participants in the FW2WOMEN™ marketplace and greater community. You will not be able to participate in the FW2WOMEN TM marketplace and other FW2WOMEN™ community forums, if your profile is not completed. FW2Women additionally reserves the right to delete an incomplete profile and rest of the associated account, if the profile is not completed within fifteen (15) days of setting up your account. FW2Women will notify You if your account is deleted. While You have the option to set up a new account, FW2Women reserves the right, and sole discretion to deny you this option or otherwise delete your account(s), if You repeatedly set up accounts without completing your profile, or misrepresent your identity.
7. RESOLVING DISPUTES
FW2Women does not moderate disputes arising between You and other participants in the FW2WOMEN™ marketplace and greater community and You agree not to hold FW2Women responsible or liable for any negative outcomes you may suffer from your interactions with others through the Site and/or once you have established arrangements to exchange good and services using the Site.
8. LIMITATION OF LIABILITY & INDEMNITY
When You choose to buy or offer goods and services in the FW2WOMEN™ marketplace You are responsible for understanding what warranties and guarantees may apply and who is responsible when goods and services do not meet commercially acceptable standards.
8.1 Warranties and Advertising
When receiving goods and services from participants in the FW2WOMEN™ marketplace, You agree that FW2Women is not responsible for providing warranties or guarantees regarding the quality, fitness for purpose, delivery of, or for your overall satisfaction with such goods and services as offered and delivered. You also agree that FW2Women is not responsible for ensuring the advertising of goods and services by participants in the FW2WOMEN™ marketplace and greater community is accurate or not misleading.
8.2 Your Obligation to Make Diligent Inquiries
You undertake to make your own diligent inquiries before agreeing to exchange goods and services with others through the Site.
FW2Women recommends that as part of your diligent inquiries you inform yourself, without limitation, about participants and their offerings in the FW2WOMEN™ marketplace, applicable (participant and third party) terms of sale and service, policies, laws directed to safety and standards, warranties, advertising and other consumer protection measures. When engaging with certain professional service providers there are also regulations regarding licensing, competency and standards these individuals are bound to follow when providing their services to you. In short, there are many aspects to a business relationship and how they may impact You will depend on your specific circumstances, the jurisdiction where you reside and from where you are receiving goods and services. You agree that you alone are responsible for informing yourself about matters relevant to You and that FW2Women is not obligated to provide You with such information, and not liable for any challenges or damage you suffer from interacting with other users of the Site or through the FW2WOMEN™ marketplace.
For example, goods You purchase from participants in the FW2WOMEN™ marketplace could be delivered by way of a shipment contract (e.g. carriers and couriers). This could mean that the risk of loss and title for such goods could pass to You upon delivery of the goods to a carrier and this has potential implications for warranties, returns and exchanges of goods under the provider’s and carrier’s sales and service policies, should the goods delivered to your designated location be damaged or not in the state or condition you expected to receive them in.
8.3 FW2Women Goods and Services Provided “As Is” and “As Available”
The FW2WOMEN™ Goods and Services, and all information, content, and materials offered by FW2women through the Site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. FW2women makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or fitness for purpose of its other FW2WOMEN™ Goods and Services to the full extent permitted by law. For greater clarity, and by way of example, FW2Women does not guarantee that the Site is free of defects, viruses, malware, spyware or other harmful elements that may negatively impact the operation of your devices, information technology systems, or lead to a breach of your personal and other sensitive information, despite FW2Women’s commercially diligent efforts to apply technologies to reduce these risks.
8.4 Third Party Sites
8.5. FW2Women Release from Liability
You agree that your use of the Site and FW2WOMEN™ Goods and Services is at your sole risk, without exception. You more specifically agree, without limitation, that FW2Women does not assume any responsibility for and is hereby released from any liability for any potential harm or damages You may experience for any computer, telephone, cable, network, satellite, electronic, or internet hardware or software malfunctions, failures, connections, or garbled or jumbled transmissions, or service provider/internet/website use (in)accessibility, or (un)availability, traffic congestion, or unauthorized human intervention in your affairs, or with your property. FW2Women will also not be liable for any damages of any kind arising from the use of the Site or any FW2WOMEN™ Goods and Services, or from any information, content, materials, other goods or other services included on, or otherwise made available to You through the Site, or in association with FW2WOMEN™ Goods and Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
9. COPYRIGHT & TRADEMARK NOTICE
You acknowledge that FW2Women holds a variety of intellectual property rights important to its business and ability to offer You the Site and other FW2WOMEN™ Goods and Services.
Information/materials published or otherwise provided by FW2Women at the Site, or through FW2Women social media channels, including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other information/materials (the “Content”) are protected by Canadian and international copyright laws, and are owned, held or otherwise controlled by FW2Women, or others FW2Women has received permissions from to copy.
The trademarks (word and service marks), logos and designs, domains, hashtags, other tags, icons and branding elements, including but not limited to, “FROM WOMEN TO WOMEN”, “FW2WOMEN”, “FW2W” identifying or used in association with the goods and services FW2Women offers (collectively the “Trademark(s)”), as may or may not be displayed on the Site, are registered and unregistered Trademarks of FW2Women and others. Unless expressly permitted by FW2Women in writing, nothing contained on the Site should be construed as granting any right to use any Trademark displayed on the Site without the express written permission of FW2Women or the third party that may own the Trademark(s).
Any contravention of the copyrights or trademark rights of FW2Women or a third party by You could result in significant damages and liabilities and lead to legal action being taken to seek all remedies available in law, including civil remedies and criminal prosecution.
When You use the Site, other FW2WOMEN TM Goods and Services, post to FW2Women social media channels, or send email to FW2Women, You are communicating with FW2Women and the others in the FW2WOMEN TM community electronically. This gives rise to certain rights and obligations for the various parties involved with these communications.
10.1 Communications from FW2Women to You
FW2Women will communicate with You by email or by posting notices on the Site or through other forums and platforms used to communicate regarding FW2WOMEN TM Goods and Services. You agree that all agreements, notices, disclosures, and other communications that FW2Women provides to you electronically satisfy any legal requirement that such communications be in writing.
10.2 Communications from You to FW2Women
FW2Women may, at its sole discretion from time to time, allow You to post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise harmful to third parties.
For example, posting or uploading content to the Site that has malicious software, or false/misleading information would be considered to be harmful to FW2Women and others. FW2Women reserves the right, but without necessarily having the obligation unless required by law, to remove or edit such content.
10.3 Rights to Use Content in Communications from You to FW2Women
If You do post content to the Site, or submit content directly to FW2Women for posting to the Site, You grant FW2Women a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media, unless such a grant is otherwise expressly limited in these Terms & Policy, or prohibited by law. You also grant FW2Women and its sub-licencees the right to use the name that You submit in connection with such content, unless such a grant is prohibited by law. You represent and warrant that: i) You own, have an unrestricted license, or otherwise control all the rights to the content that You post; ii) the content is accurate; and iii) use of the content You supply does not violate the Terms & Policy.
10.4 Communicating with the FW2WOMEN TM Community and Posting Reviews
When you engage through the Site with the FW2WOMEN TM community, You agree to communicate respectfully and consistent with the values and prescriptions of applicable human rights laws and in a manner consistent with ensuring the Site remains a safe, welcoming, reliable and transparent forum for participants. For example, with when posting reviews of your experience buying the goods and services of other participants in the FW2WOMEN TM marketplace, You agree to relay your experience and views with integrity and not to misrepresent the facts You choose to share, or to otherwise mislead participants in the FW2WOMEN TM community about your experience receiving goods and services from within the FW2WOMEN TM marketplace.
To the extent comments or reviews are posted on the Site about the experience of other users receiving goods and services from You, You agree that FW2Women is not responsible for, or liable to You for the impact of those comments or reviews on You, or your offerings.
10.5 Sensitive Content in Communications
You agree that you alone are responsible for ensuring the content you post to the Site does not include personal or sensitive information that you do not want to risk making publicly known, or is otherwise only provided under binding obligations of confidentiality through the private channels made available through the Site.
You acknowledge and agree that if information you intended to keep private or confidential is posted by you into public or semi-public forums and channels online, that you may lose the ability to retract or limit the degree to which such information is disseminated and will not hold FW2Women responsible for these circumstances.
12. GOVERNING LAW
As parties to these Terms & Policy, we have agreed that this agreement and all documents relating to our agreement be written in English. [En tant que parties aux présentes conditions générales, nous avons convenu que cet accord et tous les documents relatifs à notre contrat soient rédigés en anglais/ Como partes en estos Términos y políticas, hemos acordado que este acuerdo y todos los documentos relacionados con nuestro acuerdo estén escritos en inglés.]