Last updated: December 11, 2014

Welcome to www.malama.ca (the "Malama.ca site"). Malama.ca provides website features and other products and services to you when you visit or shop at the Malama.ca site, use Malama.ca products or services, use Malama.ca applications for mobile, or use software provided by Malama.ca in connection with any of the foregoing (collectively, "Malama.ca Services"). This Agreement is effective upon acceptance for new users. For current users, this Agreement is effective August 14, 2014 and supersedes all previous User Agreements.

By using Malama.ca Services, you agree to these conditions. Please read them carefully. You accept this User Agreement by checking the appropriate box confirming that you read and accept the User Agreement and clicking the Continue button when registering a Malama.ca account; accessing or using Malama.ca’s sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool. Please see the General Section of this User Agreement regarding how we may implement amendments to this Agreement from time to time.

Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Limitation of Liability section below).

Malama.ca provides the Malama.ca Services subject to the following conditions.

We offer a wide range of Malama.ca Services, and sometimes additional terms may apply. When you use a Malama.ca Service, you also will be subject to the guidelines, terms and agreements applicable to that Malama.ca Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

User ID and Password

Your Malama.ca account may be accessed only by use of your user ID and password. You are solely responsible and liable for any use and misuse of your user ID and password and for all activities that occur under your user ID and password. For security reasons, you must keep your user ID and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Malama.ca. Malama.ca recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

Electronic Communications

When you use any Malama.ca Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Malama.ca site or through the other Malama.ca Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Malama.ca Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Malama.ca or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Malama.ca Service is the exclusive property of Malama.ca and protected by Canadian and international copyright laws.

Trademarks

The trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Malama.ca Service are trademarks and trade dress of Malama.ca in Canada and other countries. Malama.ca’s trademarks and trade dress may not be used in connection with any product or service that is not Malama.ca’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Malama.ca. All other trademarks not owned by Malama.ca are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Malama.ca.

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Malama.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Malama.ca Services. This licence does not include any resale or commercial use of any Malama.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Malama.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Malama.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No Malama.ca Service, nor any part of any Malama.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Malama.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Malama.ca without express written consent. You may not use any meta tags or any other "hidden text" utilizing Malama.ca's name or trademarks without the express written consent of Malama.ca. You may not misuse the Malama.ca Services. You may use the Malama.ca Services only as permitted by law. The licenses granted by Malama.ca terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

If you use any Malama.ca Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Malama.ca does sell products for children, but it sells them to adults who can purchase products with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the Malama.ca Services only with involvement of a parent or guardian. Malama.ca reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Accuracy of Information

We rely on the information you provide through this website, including registration information, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You are required to update your registration information and payment information immediately, if applicable, and will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You acknowledge that you will keep your name and address current and accurate in the My Malama section of the applicable Malama.ca site.

Using Malama.ca

While using Malama.ca sites, services, applications and tools, you will not:

post content or items in inappropriate categories or areas on our sites and services;

violate any laws, third party rights or our stated policies;

use our sites, services, applications or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;

fail to deliver payment for items purchased by you, unless a clear typographical error is made or you cannot reach the seller to complete your transaction;

fail to deliver items purchased from you, unless the buyer fails to meet your posted terms, or you cannot reach the buyer to complete your transaction;

manipulate the price of any item or interfere with other users' listings;

circumvent or manipulate our fee structure, the billing process, or fees owed to Malama.ca;

post infringing, unlawful, false, inaccurate, misleading, defamatory, obscene, or libelous content;

take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Malama.ca);

circumvent any Malama.ca policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;

transfer by any manner any Malama.ca application or your Malama.ca account (including Feedback) and user ID to another party without our consent;

distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

distribute viruses or any other technologies that may harm Malama.ca, or the interests or property of Malama.ca users;

export or re-export any Malama.ca applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

copy, modify, or distribute rights or content from the Malama.ca sites, services, applications, or tools or Malama.ca’s copyrights and trademarks;

commercialize any Malama.ca application or any information or software associated with such application; or harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Malama.ca

Malama.ca and its community of users (the "Community") work together to keep our sites, services, applications and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Malama.ca works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our team.

Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting offsite transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue the Malama.ca sites, services, applications, or tools.

Cross-Border Trade

Many of our sites, services, applications and tools may be accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.

Some Malama.ca members may reside outside of Canada and some may not speak English or French as a primary language. To assist users who speak different languages, we may translate listings and other Malama.ca content (or user content licensed to Malama.ca), in whole or in part, into other languages. We also may provide you with access to tools so that you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from a Malama.ca user. If you request an on-demand translation from such a tool, the accuracy or availability of the resulting translation is not guaranteed.

In some cases, you may be able to sell your items internationally by listing items for sale directly on one or more of Malama.ca’s international sites. Using various tools, services, and experiences, we may display your listing on an Malama.ca site other than the Malama.ca site where you listed your item for sale, including those situations where you choose to list items with an international shipping option (such as worldwide shipping). However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. If your item is sold to a buyer on a Malama.ca site other than your Malama.ca site of registration, you agree to be subject to that other site's policies. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.

Fees and Services

Joining Malama.ca is free and subject to this User Agreement and the Purchase Conditions set out below. We do charge fees for using other services; the fees we charge for using our services and related terms may change from time to time. Changes are effective for new listings or re-listings in accordance with the terms set out in the General section below. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.

Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your Malama.ca account balance.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications and tools until full payment is made. The collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Malama.ca reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Malama.ca Inc., 100-14351 Burrows Road, Richmond, BC V6V 1K9. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Malama.ca account, you must contact the collection agency directly.

Authorization to Call or Text You; Recording Calls

You agree to receive calls, including autodialed and/or pre-recorded message calls, from Malama.ca at any of the telephone numbers (including mobile telephone numbers) that we have collected for you, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

To contact you for reasons relating to your account or your use of our sites, services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law; we may do so at any of the telephone numbers we have in our records for you, including ones you have provided or that we have otherwise obtained or collected in accordance with the User Agreement.

To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future; we will do so only at the telephone numbers that you have provided to us.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the Malama.ca corporate family and/or our affiliates, for their use. Members of the Malama.ca corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.

You understand and agree that Malama.ca may, in its discretion, monitor or record telephone conversations you have with Malama.ca or its agents for quality control and training purposes, for its own protection or as may be required by law. You acknowledge and understand that, while your communications with Malama.ca may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by Malama.ca.

Content

When providing us with content or posting content on the Malama.ca’s sites, services, applications and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and you waive any and all moral right to use the name you submit with such content, if any in connection with Malama.ca’s rights set out below.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Malama.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Malama.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable 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. You grant Malama.ca and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Malama.ca for all claims resulting from content you supply. Malama.ca has the right but not the obligation to monitor and edit or remove any activity or content. Malama.ca takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Malama.ca respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact service@malama.ca.

Risk of Loss

All items purchased from Malama.ca are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Malama.ca does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Malama.ca does not take title to the refunded item. For more information about our returns and refunds, please see our Refunds & Exchanges policy.

Product Descriptions

Malama.ca attempts to be as accurate as possible. However, Malama.ca does not warrant that product descriptions or other content of any Malama.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by Malama.ca itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price or Suggested Price displayed for products on any Malama.ca Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant. Unless otherwise provided, prices are in Canadian currency.

With respect to items sold by Malama.ca, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Other Businesses

Parties other than Malama.ca operate stores, provide services, or sell product lines through the Malama.ca Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Malama.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE MALAMA.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MALAMA SERVICES ARE PROVIDED BY MALAMA.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MALAMA.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MALAMA.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MALAMA.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MALAMA.CA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MALAMA.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MALAMA.CA DOES NOT WARRANT THAT THE MALAMA.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MALAMA.CA SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM MALAMA.CA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MALAMA.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MALAMA.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MALAMA.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Malama.ca responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

Your use of or your inability to use our sites, services, applications and tools;

Delays or disruptions in our sites, services, applications or tools;

Viruses or other malicious software obtained by accessing our sites, services, applications or tools or any site, services, applications or tools linked to our sites, services, applications or tools;

Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;

Damage to your hardware device(s) or loss of data those results from the use of our sites, services, applications and tools;

The content, actions, or inactions of third parties, including items listed using our sites, services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items;

A suspension or other action taken with respect to your account;

The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;

Malama.ca’s decision to end or remove your listing(s);

Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Malama.ca reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein;

You acknowledge that our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers.

Any pricing or shipping guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will result from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.

Applicable Law and Disputes

Resolution of Disputes

If a dispute arises between you and Malama.ca, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Malama.ca agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement and any dispute or claim you have against Malama.ca shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Malama.ca must be resolved by a court located in Vancouver, BC Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of British Columbia for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD$15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Malama.ca must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Malama.ca may recover attorneys' fees and costs up to CAD$1500, provided that Malama.ca has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

(Not applicable to Quebec consumers) By using any Malama.ca Service, you agree that applicable Canadian law and the laws of the province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Malama.ca.

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Malama.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws and provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favors at the time of agreeing to this release.

Listing Conditions

By listing an item on Malama.ca’s sites, you agree to pay Malama.ca’s fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: when you list an item on Malama.ca’s sites, your listing will be posted on Malama.ca’s sites and can be viewed in My Malama. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Malama.ca can't guarantee exact listing durations. Malama.ca reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse, results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.

Purchase Conditions

You are responsible for reading the full item listing, including any instructions the seller provides, before making a commitment to buy. Unless otherwise stated, by making a commitment to buy an item on Malama.ca, you are committing to buy the item from the seller listing the item. If you make a commitment to buy, you enter into a legally binding contract with the seller and are obligated to purchase the item.

We do not transfer legal ownership of items from the seller to the buyer. Applicable laws relating to the transfer of ownership in the sale of goods in your jurisdiction apply to the transfer of ownership between the buyer and the seller, unless the buyer and seller agree otherwise.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as needed in Malama.ca. We view protection of users' privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. If you object to your information being transferred or used in this way please do not use our services.

You consent to the collection, use and disclosure of your personal information by Malama.ca in accordance with the terms of and for the purposes set out in this User Agreement.

Indemnity

You will indemnify and hold Malama.ca (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, your use of Malama.ca’s sites, services, applications, or tools, and/or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.

Site Policies, Modification, and Severability

Please review our other policies, such as the Open Shop Agreement, posted on the Malama.ca site. These policies also govern your use of Malama.ca Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Malama.ca

100-14351 Burrows Road

Richmond, British Columbia

V6V 1K9

General

You may contact Malama.ca via phone by following the instructions listed on our customer support page. Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.malama.ca. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement, including terms related to fees and charges. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Malama.ca Message Centre and/or by email. If you do not agree to the amendments, you should stop using Malama.ca. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature.

This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Limitation of Liability, Indemnity and Resolution of Disputes.