Terms & Conditions
INTRODUCTION:
Welcome to www.SelectedSources.com, owned by Selected Sources having registered office in Montreal (Qc), Canada.
This Terms of Service shall be a Legally binding agreement between you the User (‘You’, ‘your’, ‘User’, including all its grammatical variations) and Selected Sources (‘Company’, ‘We’, ‘Our’, ‘Us’, with all its grammatical variations) and this Terms of Service shall be construed to be in absolute compliance with all the statutory or other laws dealing with digital contracts and hence don’t need a physical signature.
These Legal Terms of Service (the “Terms of Service”, “User Agreement”, “Terms”, “Agreement”) as set forth herein, are legally binding terms and conditions for your use of the website www.selectedsources.com (the “Website”), all of the content, applications, products and services offered from time to time by, on or through the website www.selectedsources.com (collectively the “Services” and all of its content, applications, products and services offered from time to time, including any content, materials, products or services which are delivered to you via email or other form of delivery, are referred to herein as the “Services”). By ACCESSING, VISITING AND/OR using the SERVICES and regardless of whether you have registered for an account, you agree to be legally bound by these Terms of Service, the Privacy Policy, Cookie Policy, and any other policy which is contained on the Website, each of WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS, VISIT OR USE THE WEBSITE.
In addition to complying with these Terms and Conditions, you agree to comply with any and all applicable laws with respect to your use of the website. By accessing, visiting and/or using the website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions.
You acknowledge and agree that we may amend this Agreement at any time, and from time to time, by posting the amended terms on our website. Unless, and only to the extent, expressly stated to the contrary herein, all amended terms and conditions shall automatically be effective on a prospective basis once they are posted on our site. Accordingly, you are encouraged to periodically review our terms of use for any such changes and/or amendments.
SERVICE:
The Company provides marketing and advertising solutions to retail stores and brands in order to increase sales. The Company has arrangements with commercial buildings where the products and services of the subscribers shall be advertised and promoted as per the Flash Sale events occurring at location(s).
FLASH SALES:
Flash-Sale events shall be organized by the Company, in which a Value Added Discount Coupon of 10$ or 10% (whichever is higher) shall be provided to the prospective customer and such Value Added Discount Coupon shall be discounted in-store and/or online store, if applicable, of the subscriber within (2) two weeks of the sale date.
SUBSCRIPTION PLANS:
There are three subscription plans which are offered by the company:
Welcome Package: The Company will use exclusive advertising at multiple locations to increase store and/or brand visibility.
Focused Package: The Company will use exclusive advertising at multiple locations to increase store and/or brand visibility and charge a base rate in addition to a 7.99% commission from sales.
All Inclusive Package: The Company will use exclusive advertising with specially formulated marketing plans and promotional packaging for special orders at multiple locations to increase store and/or brand visibility and charge a base rate in addition to a 4.99% commission from sales.
CORPORATE SOCIAL RESPONSIBILITY:
The Company is actively involved in promoting eco-friendly ways of doing business and motivating other retailers to be more eco-conscious with their products and materials used.
PRIVACY POLICY:
You hereby expressly represent and warrant that the company does not take or stores any personal information of the customers and it shall be the retailer’s responsibility to keep all personal details of the customers protected against any confidentiality breach, and the retailer shall be liable to comply with all the laws affecting retention of personal information of the costumers.
PAYMENT OF SUBSCRIPTION:
The payment of subscription:
Welcome Package: The Company will charge a monthly fee for advertisement; no contracts; subscriber must cancel (21) twenty-one days prior to their monthly fee to avoid unnecessary delays and refund processes, otherwise a processing fee of 199.00 will be charged.
Focused Package: The Company will charge in (4) four instalments each year, which shall be at the intervals of (3) three months. This is an annual contract.
All Inclusive Package: The Company will charge in (4) four instalments each year, which shall be at the intervals of (3) three months. This is an annual contract.
RETAILER’S OBLIGATIONS:
Transportation of Products: It shall be the duty of the retailer to make efficient arrangements for transportation of the products without delays, and the Company hereby expressly disclaims all the warranties in relation to the transportation and delivery of products.
Transportation of Employees: It shall be the duty of the retailer to make efficient arrangements for the transportation of their employees, which are employed in the retailer’s business establishment, and the Company hereby expressly disclaims all the warranties in relation to the transportation and delivery of employees.
Cash Deposits: The retailer has to make its own arrangements of safe deposits and security of the cash deposited during the FLASH SALE events, and the Company hereby disclaims all the warranties in relation to security and deposit of cash. Further, it shall be the duty of the retailer to keep and maintain books of accounts of the cash deposited.
INCLUSION OF SERVICES:
Point of Sale Terminals (POS): The Company shall provide POS terminals with latest technology for safe and secure transactions.
Credit Card and Debit Card Fees: The Company shall cover the debit and credit cards fees during the Flash Sale events organized and advertised by the Company.
IT Merchant Solution Specialist: If applicable, the Company shall provide an IT Merchant Solution Specialist to the Retailer to supervise all transactions during the Flash Sale events and to provide on-site support.
Tables and Stands to Setup Products, WiFi, Security, and Parking: The Company shall provide Tables & Stands to Setup Products, WiFi, Security & parking, at most locations, covered in the subscription fees during the Flash Sale events.
Limited Access to Multiple Locations: The Retailers shall have limited access to multiple locations during the Flash Sale events.
Extra Sales Agent: The Company can provide an extra sales agent for the retailer, if need be at an extra charge, during the Flash Sale events which shall be disclosed in writing in conjunction with this agreement.
Tailored Marketing: The Company undertakes to provide Business to Consumer (B2C) Marketing Services for the Retailer during the Flash Sale events.
Tailored Advertising: The Company undertakes to provide tailored advertising to the retailer’s specifications and requirements to maximize effectiveness.
Exclusive Promoting: The Company undertakes to promote, but without limitation, handheld items and/or small, easy to carry, lightweight products.
USING THE WEBSITE:
While using the Website, you shall not:
violate any laws, rules, regulations or third party rights;
use of our site or services if you are not able to form legally binding contracts, are under the age of 18 or without parental or legal guardian’s consent and approval, or are temporarily or indefinitely suspended from our sites;
fail to deliver payment on any item and/or services you’ve purchased through our sites;
manipulate the price of any item or interfere with other User’s listings;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Website, or the interests or property of the Users;
copy, modify, or distribute content from our sites and/or violate Company’s copyrights and trademarks;
harvest or otherwise collect information about Users, including, without limitation, email addresses, without their consent.
Nor shall you encourage or assist any third party to engage in any of the prohibited conduct set forth above. Any violation of this provision shall constitute a material breach of this Agreement and, under such circumstances, we will have the right, in our sole and absolute discretion, to prohibit your access to our sites and to suspend or terminate your right to use our services.
INTELLECTUAL PROPERTY RESTRICTIONS ON USE:
We reserve all rights with respect to the design and content of our websites. In particular, you may not misappropriate the design or content of our sites and you may not alter or deface such design or content in any way. Nothing on our websites grants any license with respect to such design or content. All trademarks, service marks, trade names, logos, graphics, articles and other materials on our sites are protected by copyrights, trademarks and other applicable laws. In particular, all trademarks, service marks, trade names and logos displayed on our sites are proprietary of Selected Sources, its affiliates, or third party owners and our websites grant no license thereto.
INDEMNITY:
You will defend, indemnify and hold Selected Sources, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint ventures, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees), sought by any third party and which results from, or arises out of, your breach of this Agreement, your unlawful actions or conduct, or your violation of the rights of any third party.
DISCLAIMER OF WARRANTY:
OUR WEBSITES AND SERVICES ARE ON “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. OUR SUPPLIERS AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON LIABILITY:
IN NO EVENT SHALL OUR SUPPLIERS OR WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, OUR WEBSITES OR SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IF APPLLICABLE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00.
NOTICES:
Any notice, demand, request or other communication which you may desire or be required to give to the Company hereunder shall be in writing and shall be given by certified mail to the following address: C.P. 35764 B.P. LÉO PARISEAU PO, MONTRÉAL (QC), H2X 0A4
FORCE MAJEURE:
No party shall be liable for any failure or delay in performing any obligation under this Agreement that is due to a Force Majeure event, such as Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telecommunication service). If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of this Agreement. However, this provision does not excuse your obligation to pay for services actually received.
APPLICABILITY OF LAW AND DISPUTE RESOLUTION:
These Terms shall be construed to be in accordance with the laws of Canada and the Courts in MONTREAL (QC), CANADA shall have exclusive jurisdiction to adjudicate and decide any dispute arising out of this user agreement.
GENERAL:
The headings, sections, or titles of the various paragraphs of this Agreement are inserted merely for the purpose of convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of this Agreement or the specific terms or text of the section so designated. All personal pronouns used in this Agreement shall include the other genders, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural and vice versa, whenever, and as often as may be, appropriate;
If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, then such provision shall be deemed stricken herefrom and the remainder of this Agreement shall remain at all times in full force and effect. Such invalid or enforceable provision shall, to the extent legally permitted, be replaced by a valid and enforceable provision that comes closest to the parties’ intent underlying the invalid or unenforceable provision;
It is understood that any accrued but unpaid financial obligations, and any other terms related to such financial obligations, shall survive the expiration or termination of this Agreement;
No waiver of any breach, privilege or provision of this Agreement will be construed as a waiver of any rights or remedies arising from any other or future breach, privilege or provision;
We may, in our sole discretion, assign or otherwise transfer this Agreement to a third party.