1. Accepting These Terms
This document and the other documents that we reference below
make up our house rules, or what we officially call our Terms of
Use (the “Terms” for short).
The Terms are a legally binding contract between you and Egeez.
If you live in North America or elsewhere, the contract is
between you and Egeez Technologies Inc.
Please note that Section 11. Disputes with Egeez, contains an arbitration clause and class action waiver. By
agreeing to the Terms, you agree to resolve all disputes through
binding individual arbitration, which means that you waive any
right to have those disputes decided by a judge or jury, and
that you waive your right to participate in class actions, class
arbitrations, or representative actions. *
This contract sets out your rights and responsibilities when
you use Egeez mobile apps, and the other services provided by
Egeez (we’ll refer to all of these collectively as our
“Services”), so please read it carefully. By using
any of our Services (even just browsing one of our websites),
you’re agreeing to the Terms. If you don’t agree
with the Terms, you may not use our Services. Agree with us?
Great, read on!
2. Those Other Documents We Mentioned
Egeez Services connect people around the world with official
licensees, both online and offline, to make, sell, and buy
unique goods. Here’s a handy guide to help you understand
the specific rules that are relevant for you, depending on how
you use the Services:
Our House Rules for Everyone. If you use any of our Services,
you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
3. Your Privacy
We know your personal information is important to you, so
it’s important to us. Our Privacy Policy details how your information is used when you use our
Services. By using our Services, you're also agreeing that
we can process your information in the ways set out in the
Privacy Policy, so please read it here.
Both Egeez and sellers process members’ personal
information (for example, buyer name, email address, and
delivery address) and are therefore considered separate and
independent data controllers of buyers’ personal
information under EU law. That means that each party is
responsible for the personal information it processes in
providing the Services. For example, if a seller accidentally
discloses a buyer’s name and email address when fulfilling
another buyer’s order, the seller, not Egeez, will be
responsible for that unauthorised disclosure.
If, however, Egeez and sellers are found to be joint data
controllers of buyers’ personal information, and if Egeez
is sued, fined, or otherwise incurs expenses because of
something that you did as a joint data controller of buyer
personal information, you agree to indemnify Egeez for the
expenses it occurs in connection with your processing of buyer
personal information. See Section 9. Indemnification (or What Happens If You Get Us
Sued) below for more information about your indemnification
obligations to Egeez.
4. Your Account with Egeez
You’ll need to create an account with Egeez to use some
of our Services. Here are a few rules about accounts with
Egeez:
A. You must be 18 years or older to use our Services. Minors
under 18 and at least 13 years of age are only permitted to use
our Services through an account owned by a parent or legal
guardian with their appropriate permission and under their
direct supervision. Children under 13 years are not permitted to
use Egeez or the Services. You are responsible for any and all
account activity conducted by a minor on your account, and there
may be commercial products or services available that you may
want to consider to limit a minor's access to material
online. For more information, see Egeez's Minors Policy.
B. Be honest with us. Provide accurate information about
yourself. It’s prohibited to use false information or
impersonate another person or company through your
account.
C. Choose an appropriate name. If you decide to not have
your full name serve as the name associated with your account,
you may not use language that is offensive, vulgar, infringes
someone’s intellectual property rights, or otherwise
violates the Terms.
D. You're responsible for your account. You’re
solely responsible for any activity on your account. If
you’re sharing an account with other people, then the
person whose financial information is on the account will
ultimately be responsible for all activity. If you’re
registering as a business entity, you personally guarantee that
you have the authority to agree to the Terms on behalf of the
business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re
solely responsible for any activity on your account, so
it’s important to keep your account password
secure.
F. Let's be clear about our relationship. These Terms
don't create any agency, partnership, joint venture,
employment, or franchisee relationship between you and
Egeez.
5. Your Content
Content that you post using our Services is your content (so
let’s refer to it as “Your Content”). We
don’t make any claim to it, which includes anything you
post using our Services (like shop names, profile pictures,
listing photos, listing descriptions, reviews, comments, videos,
usernames, etc.).
A. Responsibility for Your Content. You understand that
you are solely responsible for Your Content. You represent that
you have all necessary rights to Your Content and that
you’re not infringing or violating any third party’s
rights by posting it.
B. Permission to Use Your Content. By posting Your Content
through our Services, you grant Egeez a license to use it. We
don’t claim any ownership to Your Content, but we have
your permission to use it to help Egeez function and grow. That
way, we won’t infringe any rights you have.
D. Reporting Unauthorised Licensed Products. Egeez has great
respect for intellectual property rights and is committed to
following appropriate legal procedures to remove infringing
products from the Services. Please follow the steps listed in
our Intellectual Property Policy. Egeez only onboards official licensees of major licensors
like Walt Disney, Warner Bros and more and licensee/seller must
show proof of licensing agreement before they are allowed to
sell on Egeez the official licensed products. Egeez is serious
about counterfeit products committed to support our valued and
verified licensees to protect all our stakeholders’ trust
of the – licensee, licensor, and consumer. If you believe
there is a product that infringes licensing rights or
intellectual property, please report it by visiting the Friends
Happiness Center page or contact support@egeez.com.
6. Your Use of Our Services
License to Use Our Services. We grant sellers a limited,
non-exclusive, non-transferable, and revocable license to use
our Services - subject to the Terms and the following
restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree
that you will not violate any laws in connection with your use
of the Services. This includes any local, province, federal, and
international laws that may apply to you. For example,
it’s your responsibility to obtain any permits or licences
that your shop requires, and to meet applicable legal
requirements in applicable jurisdiction(s). This includes the
sale and delivery of your items, such as age verification upon
delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or
infringement notices), theft, anti-competitive conduct,
threatening conduct, or any other unlawful acts or crimes
against Egeez, another Egeez user, or a third party.
B. Pay Your Bills. You are responsible for paying all fees that
you owe to Egeez. Except as set forth below, you are also solely
responsible for collecting and/or paying any applicable taxes
for any purchases or sales you make through our Services. For
digital items sold to buyers in Australia, Belarus, Chile, the
EU, Iceland, Canada, Indonesia, Japan, Malaysia, Mexico,
Moldova, New Zealand, Norway, Quebec (Canada), Russia, Saudi
Arabia, Serbia, Singapore, South Africa, South Korea,
Switzerland, Taiwan, Turkey, United Arab Emirates or the United
Kingdom. Egeez will help collect and remit the correct amount of
value-added tax or VAT. Some countries may refer to VAT using
other terms, e.g. Goods and Services Tax (GST), but we’ll
just refer to VAT, GST, and any local sales taxes collectively
as “VAT”. In addition, Egeez will calculate,
collect, and remit sales tax where applicable. Please
see this FAQ for more information. Your fees, bills, taxes, and how
you can pay them are fully explained in our Fees & Payments Policy.
C. Don’t Steal Our Stuff. You agree not to crawl, scrape,
or spider any page of the Services or to reverse engineer or
attempt to obtain the source code of the Services. If you want
to use our API, please follow our API Terms of Use.
D. Don’t Try to Harm Our Systems. You agree not to
interfere with or try to disrupt our Services, for example by
distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name "Egeez" and
the other Egeez marks, phrases, logos, and designs that we use
in connection with our Services (the Egeez Trademarks), are
trademarks, service marks, or trade dress of Egeez in the US and
other countries. If you’d like to use our trademarks,
please follow our Trademark Policy.
F. Share Your Ideas. We love your suggestions and ideas!
They can help us improve your experience and our Services. Any
unsolicited ideas or other materials you submit to Egeez (not
including Your Content or items you sell through our Services)
are considered non-confidential and non-proprietary to you. You
grant us a non-exclusive.
G. Talk to Us Online. From time to time, Egeez will provide you
with certain legal information in writing. By using our
Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It
says that we can send you information electronically (such as by
email) instead of mailing you paper copies (it’s better
for the environment), and that your electronic agreement is the
same as your signature on paper.
7. Termination
Termination By You. We'd hate to see you go, but you
may terminate your account with Egeez at any time from your
account settings. Oh, and you’ll still have to pay any
outstanding bills.
Termination By Egeez. We may terminate or suspend your
account (and any accounts Egeez determines are related to your
account) and your access to the Services should we have reason
to believe you or your use of the Services violate our Terms. If
we do so, it’s important to understand that you
don’t have a contractual or legal right to continue to use
our Services, for example, to sell or buy on our websites or
mobile apps. Generally, Egeez will notify you that your account
has been terminated or suspended, unless you’ve repeatedly
violated our Terms or we have legal or regulatory reasons
preventing us from notifying you.
If you or Egeez terminate your account, you may lose any
information associated with your account.
We May Discontinue the Services Egeez reserves the right to
change, suspend, or discontinue any of the Services for you, any
or all users, at any time, for any reason, including those laid
out in Egeez’s policies under these Terms of
Use.
Survival. The Terms will remain in effect even after your
access to the Service is terminated, or your use of the Service
ends.
8. Warranties and Limitation of Liability (or the Things You
Can’t Sue Us For)
Items You Purchase. You understand that Egeez does not
manufacture, store, or inspect any of the items sold through our
Services. We provide the venue; the items in our marketplaces
are produced, listed, and sold directly by independent sellers,
so Egeez can't and does not make any warranties about their
quality, safety, or even their legality. Any legal claim related
to an item you purchase must be brought directly against the
seller of the item. You release Egeez from any claims related to
items sold through our Services, including for defective items,
misrepresentations by sellers, or items that caused physical
injury (like product liability claims).
Content You Access. You may come across materials that you
find offensive or inappropriate while using our Services. We
make no representations concerning any content posted by users
through the Services. Egeez is not responsible for the accuracy,
copyright compliance, legality, or decency of content posted by
users that you accessed through the Services. You release us
from all liability relating to that content.
People You Interact With. You can use the Services to interact
with other individuals, either online or in person. However, you
understand that we do not screen users of our Services, and you
release us from all liability relating to your interactions with
other users. Please be careful and exercise caution and good
judgment in all interactions with others, especially if you are
meeting someone in person.
Third-Party Services. Our Services may contain links to
third-party websites or services that we don’t own or
control (for example, links to Facebook, Twitter and Pinterest).
You may also need to use a third party’s product or
service in order to use some of our Services (like a compatible
mobile device to use our mobile apps). When you access these
third-party services, you do so at your own risk.
The third parties may require you to accept their own terms of
use. Egeez is not a party to those agreements; they are solely
between you and the third party.
Gift Cards and Promotions. You acknowledge that Egeez does
not make any warranties with respect to your Gift Card balance
and is not responsible for any unauthorised access to, or
alt
ation, theft, or destruction of a Gift Card or Gift Card code
that results from any action by you or a third party. You also
acknowledge that we may suspend or prohibit use of your Gift
Card if your Gift Card or Gift Card code has been reported lost
or stolen, or if we believe your Gift Card balance is being used
suspiciously, fraudulently, or in an otherwise unauthorised
manner. If your Gift Card code stops working, your only remedy
is for us to issue you a replacement Gift Card code. By
participating in a special offer or promotion, you agree that
you may not later claim that the rules of that special offer or
promotion were ambiguous.
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Egeez gets sued because of
something that you did, you agree to defend and indemnify us.
That means you’ll defend Egeez (including any of our
employees) and hold us harmless from any legal claim or demand
(including reasonable lawyer’s fees) that arises from your
actions, your use (or misuse) of our Services, your breach of
the Terms, or you or your account’s infringement of
someone else’s rights.
We reserve the right to handle our legal defense however we see
fit, even if you are indemnifying us, in which case you agree to
cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of
Egeez’s Services or a third party, we encourage you to
contact the other party and try to resolve the dispute
amicably.
Case System. Buyers and sellers who are unable to resolve
a dispute related to a transaction on our websites or mobile
apps may participate in our case system. Egeez will attempt to
help you resolve disputes in good faith and based solely on our
interpretation of our policies, in our sole discretion; we will
not make judgments regarding legal issues or claims. Egeez has
no obligation to resolve any disputes.
Release of Egeez. You release Egeez from any claims,
demands, and damages arising out of disputes with other users or
parties.
11. Disputes with Egeez
If you’re upset with us, let us know, and hopefully we
can resolve your issue. But if we can’t, then these rules
will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of
the Province of Ontario, without regard to its conflict of laws
rules, and the laws of Canada. These laws will apply no matter
where in the world you live, but if you live outside of Canada,
you may be entitled to the protection of the mandatory consumer
protection provisions of your local consumer protection
law.
B. Arbitration. You and Egeez agree that any dispute or claim
arising from or relating to the Terms shall be finally settled
by final and binding arbitration, using the English language,
administered by the Canadian Arbitration Association (the
“CAA”) under its Consumer Arbitration Rules (the
"CAA Rules") then in effect (those rules are deemed to
be incorporated by reference into this section, and as of the
date of these Terms you can find the CAA Rules here), unless otherwise required by law. **Arbitration, including
threshold questions of arbitrability of the dispute, will be
handled by a sole arbitrator in accordance with those rules.
Judgment on the arbitration award may be entered in any court
that has jurisdiction.
For EU sellers, if any dispute arises in connection with the
Terms, the parties should first try to resolve the dispute
through the complaints procedure published here. In addition, the dispute may be referred by either party to
the Centre for Effective Dispute Resolution (“ICDR”)
for mediation. The Parties agree to enter into mediation to
settle a good faith dispute and will do so in accordance with
the ICDR’s mediation procedures. Unless otherwise agreed
between the parties within 14 days of notice of the dispute, the
mediator will be nominated by ICDR. To initiate the mediation a
party must give notice in writing to the other party to the
dispute, referring the dispute to mediation. A copy of the
referral should be sent to ICDR.
Any arbitration or mediation under the Terms will take place on
an individual basis. You understand that by agreeing to the
Terms, you and Egeez are each waiving the right to trial by jury
or to participate in a class action lawsuit. Class arbitrations
shall only be available if requested by either party under its
Class Action Arbitration Rules and approved by the arbitration
entity. Notwithstanding the foregoing, each party shall have the
right to bring an action in a court of proper jurisdiction for
injunctive or other equitable or conservatory relief, pending a
final decision by the arbitrator or mediator. You may instead
assert your claim in “small claims” court, but only
if your claim qualifies, your claim remains in such court, and
your claim remains on an individual, non-representative, and
non-class basis.
C. Costs of Arbitration. Payment for any and all
reasonable CAA filing, administrative, and arbitrator fees will
be in accordance with the Consumer Arbitration Rules, and in the
case of ICDR, its rules. If the value of your claim does not
exceed $10,000 USD, Egeez will pay for the reasonable
filing, administrative, and arbitrator fees associated with the
arbitration, unless the arbitrator finds that either the
substance of your claim or the relief sought was frivolous or
brought for an improper purpose. For mediation through ICDR, the
parties will pay their share of mediation costs, and under
certain conditions such fees may be refundable to you, depending
on the outcome of the mediation.
D. Forum. We’re based in Ontario, so any legal
action against Egeez related to our Services must be filed and
take place in Ontario. For all actions under the CAA Rules, the
proceedings may be filed where your residence is, or in Ontario,
Ontario, and any in-person hearings will be conducted at a
location which is reasonably convenient to both parties taking
into account their ability to travel and other pertinent
circumstances. For any actions not subject to arbitration or
mediation, you and Egeez agree to submit to the personal
jurisdiction of a province or federal court located in Ontario
if your contract is with Egeez, Inc.; if your contract is with
Egeez Retail Canada, you and Egeez agree to submit to the
personal jurisdiction of the courts of Canada.
E. Government Exception. If you are a government agent or
entity in the Canada using the Services in your official
capacity, and you are legally unable to agree to the clauses in
this section, then those clauses do not apply to you. In that
case, the Terms and any action related to the Terms will be
governed by the laws of Canada (without reference to conflict of
laws) and, in the absence of federal law and to the extent
permitted under federal law, the laws of the Province of
Ontario.
F. Modifications. If we make any changes to this
“Disputes with Egeez” section after the date you
last accepted the Terms, those changes will not apply to any
claims filed in a legal proceeding against Egeez prior to the
date the changes became effective. Egeez will notify you of
substantive changes to the “Disputes with Egeez”
section at least 30 days prior to the date the change will
become effective. If you do not agree to the modified terms, you
may send Egeez a written notification (including email) or close
your account within those 30 days. By rejecting a modified term
or permanently closing your account, you agree to arbitrate any
disputes between you and Egeez in accordance with the provisions
of this “Disputes with Egeez” section as of the date
you last accepted the Terms, including any changes made prior to
your rejection. If you reopen your closed account or create a
new account, you agree to be bound by the current version of the
Terms.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that
the changes are material, we’ll definitely let you know by
posting the changes through the Services and/or sending you an
email or message about the changes. That way you can decide
whether you want to continue using the Services. Changes will be
effective upon the posting of the changes unless otherwise
specified. You are responsible for reviewing and becoming
familiar with any changes. Your use of the Services following
the changes constitutes your acceptance of the updated
Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the
Terms, supersede any other agreement between you and Egeez
regarding the Services. If any part of the Terms is found to be
unenforceable, that part will be limited to the minimum extent
necessary so that the Terms will otherwise remain in full force
and effect. Our failure to enforce any part of the Terms is not
a waiver of our right to later enforce that or any other part of
the Terms. We may assign any of our rights and obligations under
the Terms.
14. Contact Information
If you have any questions about the Terms, please email us
at support@Egeez.com.
*In some countries you may have additional rights and/or the
preceding may not apply to you.