Term and Conditions



Introduction

Hello! Thank you for reviewing the ModTod Terms & Conditions. This Agreement explains your rights and responsibilities as a ModTod customer, whether you choose to buy, sell or simply browse.

The terms and conditions stated herein constitute a legal agreement between you and Marché ModTod Inc. (“ModTod”, “us”, “we”), a Canadian corporation. In order to use the Website and Application (the “Services”), you must agree to the terms and conditions set out below. You further acknowledge and agree that you have read and understand our Privacy Policy. The Privacy Policy, which applies to your use of the Services, is hereby incorporated into this Agreement.

Changes to This Agreement

Occasionally we may, at our discretion, make changes to this or other agreements. We will notify you of all changes when they are made by displaying a prominent notice within the ModTod mobile app or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue to use ModTod Services under the new version of the Agreement, you may delete your ModTod account thus terminating the Agreement.

Signing Up for ModTod

To use ModTod, all customers must create an account and log in using either an existing Facebook account, Google account, or email address. You must provide us with accurate, complete, and current information.

Password: You agree and understand that you are responsible for maintaining the confidentiality of your user account password.

Unauthorized use: You agree to notify us of any unauthorized use of your user account at the following email address: hello@modTod.ca. We will not be liable for any costs, damages or expenses due to stolen/lost passwords or any breach related to the security of your password.

Representation and warranties by User

By creating an account and using the Services, you expressly represent and warrant that you:

  • Are an individual 18 years of age or older
  • Have the power to enter a binding contract with Marché ModTod, Inc.
  • Are a Canadian resident
  • Will comply with all applicable laws of the province in which you are present while using the Website or Application
  • Will provide us with information that is true, accurate and complete and that you will keep it up-to-date at all times
  • Will only use the Services for lawful purposes. You will not use the Services for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on ModTod
  • Will not post any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (iii) material that infringes on any other intellectual property, privacy or publicity right of another, (iv) advertisement, promotional materials or solicitation related to any product or service that is competitive with ModTod products or services, (v) material that is abusive, threatening, defamatory, harassing, obscene or vulgar or (v) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses;
  • You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website or Application.
  • You will not impersonate another person;
  • You will not engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, provincial, state, national or international law or regulation, or which fails to comply with accepted Internet protocol;
  • Please be thoughtful about what you share on ModTod’s Services. Our Services include social and interactive features, including the ability to post and share photos, leave comments and make certain information about yourself public. Remember that shared or publicly available information may be used and re-shared by others on ModTod or across the web.

ModTod reserves the right to remove content and an individual customer profile that violates this Agreement without notice.

Third Party Applications and Services

ModTod is integrated with third party applications, websites, and services such as Stripe, Canada Post, Apple iTunes and Google Play to make content, products, and/or services available to you. These third-party applications may have their own terms and conditions of use and privacy policies and your use of their products and services, which will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that ModTod does not endorse and is not responsible or liable for the behavior, features, or content of any third-party applications.

ModTod Fees

All sales completed within ModTod are subject to a 35 percent transaction fee that is subtracted from the Sale Price at the time of purchase. For example, if you list an item for $100, you will earn $65 from that sale when the transaction is complete. The amount you will earn from every product you list is automatically calculated and displayed to you within ModTod when you set the sale price.

Any action taken by a ModTod customer to avoid paying the Transaction Fee is in violation of this Agreement and their user account may be removed from the marketplace. A transaction initiated on ModTod must be completed on ModTod. This policy is in place to protect all ModTod customers — both buyers and sellers — from fraud.

Discrimination Policy

ModTod customers may not discriminate against other customers based on their race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability or any other characteristic protected under applicable law.

The comments section of ModTod product listings may not be used:

  • for unsolicited advertising, promotions or other forms of spam
  • to harass or abuse another ModTod customer
  • to leave negative reviews or a ModTod seller or product
  • to publicly discuss a dispute with another ModTod customer
  • to contact someone after they have explicitly asked you not to; or
  • to interfere with a sale or purchase of another ModTod customer.

Service limitations and modifications

We will do our best to ensure the ModTod Services remain operational. However, technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the ModTod mobile app and related services with or without notice, all without liability to you, except where prohibited by law.

Limitation of liability

We shall in no event be responsible or liable to you or any third party, for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.

In no event shall ModTod be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, Application, or these Terms & Conditions (however arising including negligence).

Intellectual property

Copyright: The contents of the Services, including but not limited to text, graphics, images, logos, button icons, photographs, editorial content, notices, software (including html-based computer programs) and other material, are protected under applicable copyright laws. The contents of the Services belong to Marché ModTod, inc. We grant you the right to view and use the Services subject to these terms.

You may download or print a copy of information from the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services, in whole or in part for any other purpose, is expressly prohibited without any prior written consent. You agree not to use, nor permit any third party to use, the Services in a manner that violates applicable law, regulation or this Agreement.

Trademarks: All trademarks, service marks and logos included on the Services are property of ModTod or third parties and you may not use them without the express, prior written consent of ModTod or the applicable third party.

You agree not to upload or post to the Services any trademarks, copyrighted materials or other proprietary information belonging to any third party without the third-party’s prior written consent. We may, at our sole discretion, terminate your access to the Services if you infringe third parties’ copyright.

By posting content within the ModTod Application, you give us a non-exclusive, worldwide, royalty-free and perpetual license to use it. We don’t claim ownership of your content, but we have your permission to use it to help you sell more and to help ModTod function and grow. Examples of this use include our ability to promote your items on ModTod’s Website, in emails and on social media.

If you believe your work has been illegally uploaded on ModTod’s Services, you may send a written notice to us at hello@modTod.ca

Access and interference

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or Application, without ModTod’s express written consent, which may be withheld in ModTod’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website or Application, other than the search engines and search agents available through the Website or Application and other than generally available third-party web browsers;
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website or Application;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website or Application; or
  • Attempt to gain an unauthorized access to any portion of the Website or Application or its related systems or networks;
  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  • Attempt to interfere with the function of the Website or Application, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services.

Indemnification

We hope this never happens, but if ModTod is sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend ModTod (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 platform or services, your breach of this Agreement, 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.

Disputes with ModTod

If you’re ever unsatisfied with us, our platform or services, please let us know by emailing us at hello@modtod.ca. We hope to resolve your issue completely. But if we can’t, the following rules will govern any legal disputes:

Governing Law.This Agreement is governed by the laws of the Province of Quebec, 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.

Arbitration. You and ModTod agree that any dispute or claim arising from or relating to this Agreement shall be finally resolved by means of arbitration.

Language: The language of arbitration shall be English.

Number of arbitrators: Arbitration will be handled by a sole arbitrator from the Institut de médiation et d’arbitrage du Québec (IMAQ).

You understand that by agreeing to this, you and ModTod are each waiving the right to participate in a class action or class arbitration. Any arbitration under the Terms & Conditions will take place on an individual basis. You may 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. You and ModTod also agree that the arbitration award to be rendered in the present affair shall be final, enforceable and without appeal; and hereby give to the Arbitration Tribunal the mandate to dispose of the disagreement or dispute according to the rules of law.

Costs of Arbitration. If the value of your claim does not exceed $10,000, ModTod 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.

Forum. ModTod is based in Montreal, Quebec, so any legal action against ModTod related to our platform of services must be filed and take place in the legal district of Montreal.

Modifications. If we make any changes to this section of the ModTod Terms & Conditions after the date you last accepted the Terms & Conditions, those changes will not apply to any claims filed in a legal proceeding against ModTod prior to the date the changes became effective. ModTod will notify you of substantive changes to this 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 ModTod 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 ModTod in accordance with the provisions of this section as of the date you last accepted the Terms & Conditions, 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 & Conditions.

Terminating Your Account

Termination by you. We’d hate to lose you as a customer, but you may terminate your account with ModTod at any time from your account settings within the mobile app. Terminating your account will delete your uploaded listings and they will no longer be available to other ModTod customers for purchase.

Termination by ModTod. We may terminate or suspend your account (and any related accounts) and your access to all or any portion of the Website or Mobile Application without notice if:

  • you have breached any provision of this Agreement or any applicable law or intend to breach any provision;
  • Marché ModTod inc. is required to do so by law;
  • Marché ModTod inc. is transitioning to no longer providing services to persons in the country in which you are resident or from which you use the Website or Mobile Application;
  • Your conduct has impacted ModTod’s name or reputation.

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 app. ModTod may refuse service to anyone, at any time, for any reason.

If you or ModTod terminate your account, you may lose all information associated with your account, including your product listings.

The Terms of this Agreement will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Sharing Feedback

We welcome any feedback, ideas or suggestions you have to share regarding ModTod, our mobile applications, services and content and we invite you to share it with us via an email to hello@modtod.ca. With this agreement, you acknowledge that any feedback you share is not confidential and you authorize ModTod to use that feedback without restriction and without payment to you. Feedback is considered a type of user content.

Questions

If you have any questions about this policy, please contact us at hello@modTod.ca.



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