PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING OR VISITING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. ARTISAN ONTARIO REFERS TO BOTH ARTISANCANADA.CA AND ARTISANONTARIO.CA, IT’S OWNERS AND RELATED DOMAINS.
NOTE: We have re-branded Artisan Ontario to Artisan Canada and all the following Terms and Conditions apply to both.
1 Changes to these Terms and Conditions
This legal notice may be revised at any time by updating this posting. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed to be your acceptance of the modified agreement. Failure by us to enforce any part or provision of this agreement shall not be construed as a waiver of any provision or right. If you object to the changes to these Terms and Conditions, you must immediately cancel (remove) your listing from the Artisan Ontario Directory and, if you have a Premium Registration with a Portfolio Listing, you must notify us by email at remove-me@ArtisanOntario.ca so that we may remove your portfolio profile page from the site. If you allow or permit your Directory Listing and/or Profile Page to remain on ArtisanOntairo.ca subsequent to notification of changes to these Terms and Conditions this will be deemed to constitute acceptance by you of and bind you to these Terms and Conditions as changed.
2 Website continuity
2.1 While Artisan Ontario endeavors to ensure that this Website (i.e. ArtisanOntario.ca) is normally available 24 hours a day, Artisan Ontario will not be liable if for any reason this Website is unavailable at any time or for any period.
2.1.1 We make no warranty or representation:
2.1.2 that the operation of and access to the website will be uninterrupted or error-free. You acknowledge and accept that we will not be liable to you for the consequences of any interruptions in accessing or errors on the website; and
2.1.3 in relation to access or the extent of any access to the directory listing and/or artisan profile listings on the ArtisanOontario.ca website by users of the website.
2.2 You acknowledge that no data transmission over the Internet can be guaranteed to be secure. While we strive to protect your information from misuse, loss and unauthorized access, we cannot guarantee the security of any information you transmit to us or contained in the ArtisanOntario.ca directory listing and/or artisan profile listings, or elsewhere on the website. You accept that these activities are conducted at your own risk.
2.3 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred suffered or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of:
2.3.1 the posting of or failure by us to post your directory listing and/or artisan profile listings (in whole or in part),
2.3.2 any inaccuracies contained in your directory listing and/or artisan profile listings,
2.3.3 any reliance by any person upon the information contained in your directory listing and/or artisan profile listings, or
2.3.4 any failure in the operation of or access to your directory listing and/or artisan profile listings.
2.4 Additionally, Artisan Ontario reserves the right, at its sole discretion, to remove any material posted which is, in our sole discretion, considered inappropriate.
3 LINKS TO AND FROM OTHER WEBSITES
3.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you may be leaving this Website. Artisan Ontario has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. Artisan Ontario therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
3.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
3.2.1 you do not remove, distort or otherwise alter the size or appearance of the Artisan Ontario logo;
3.2.2 you do not create a frame or any other browser or border environment around this Website;
3.2.3 you do not in any way imply that Artisan Ontario is endorsing any products or services other than its own;
3.2.4 you do not misrepresent your relationship with Artisan Ontario nor present any other false information about Artisan Ontario;
3.2.5 you do not otherwise use any trade marks displayed on this Website without express written permission from Artisan Ontario;
3.2.6 you do not link from a website that is not owned by you; and
3.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
3.3 Artisan Ontario expressly reserves the right to revoke the right granted in paragraph 3.1 for breach of these terms and to take any action it deems appropriate.
3.4 You shall fully indemnify Artisan Ontario for any loss or damage suffered by Artisan Ontario, it owners, staff or any of its group companies for breach of paragraph 3.1.
3.6 When you visit this Website, a small amount of data known as a “cookie” may be stored on your computers hard drive. Cookies may include information concerning, for example, the type of web browser you are using which in turn may help us to monitor how this Website is accessed.
4 Intellectual Property
4.1 Except for the temporary copy held in the computer’s cache and a single permanent copy retained by a user for his or her personal use, no content on the Website may be used, copied, reproduced, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or part.
5 Third Party Content
5.1 The Website contains content provided to Artisan Ontario by other parties (“Third Party Content”). Artisan Ontario does not have a practice of monitoring or making enquiries about Third Party Content. Subject to clause 3.1, Artisan Ontario is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Artisan Ontario. You rely on Third Party Content completely at Your own risk.
5.2 The Artisan Ontario website contains advertisements and information provided by third parties. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this web site or its contents.
5.3 While Artisan Ontario endeavours to ensure that the information on its Website is correct, Artisan Ontario does not warrant the accuracy and completeness of the material on this Website. Artisan Ontario (or, where applicable, registered users) may make changes to the material on this Website, or to the items, products or information described in it, at any time without notice. The material on this Website may be out of date, and Artisan Ontario makes no commitment to update such material.
5.4 In the editorial content, especially where it has to do with artisan/crafts techniques there may be descriptions, techniques and methods described (especially historical ones) that may be inaccurate, dangerous and or not currently permitted in your country. Before using or applying any of the information contained in articles and editorial you should check with the relevant governing professional bodies and regulations in you country.
5.5 We are not in any way liable for any damage or personal injury arising out of anyone applying any of the information contained or linked from the Artisan Ontario website .
5.6 The material in this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Artisan Ontario provides you with this Website on the basis that Artisan Ontario excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
6 Directory Listing ( have you found your business or association on our directory or received an email to that effect?)
6.1 Some Directory Listings and the information contained therein may have been externally sourced by us from information available in the public domain and are posted in the Directory in an unsolicited manner.
6.2 Please note that the Directory is for listings of professional artisans (engaged in a specified artisan activity as one’s main paid occupation rather than as a pastime) and artisan businesses; not private individuals.
6.3 In the event that you have been listed by us, you will be notified by email that a listing for your business or organization has been entered and offered a free listing period. At the end of that free listing period you will be offered the opportunity to join as a paying member. You will not be invoiced without your expressed intention to join.
6.4 If your business or community group is listed and you do not wish to remain on the Directory or do not accept these Terms and Conditions please notify us by email at remove-me@ArtisanOntario.ca so that we may remove your Directory Listing.
7 Rejection, or Removal
7.1 We reserve the right to reject, refuse or remove a Directory Listing at any time and without compensation for any reason and without being obliged to provide any reasons to you.
7.2 We reserve the right to retain within our administrative archive members account information that have been removed from the directory by their request or who have been removed by our decision.
8 Private Link
8.1 If you wish to directly make changes to any information contained in your Directory Listing follow the link in the email, Your Private Link is included in the email.
8.2 You must keep secure the Private Link and ensure that only persons authorised by you have access to and use of the Private Link for the purpose only for which it was provided to you.
8.3 If you signup yourself via the link on the website by entering your name and email address, and do not complete the record information we reserve the right to add missing information by using the images and information you have published on your webpage, facebook or elsewhere. We also reserve the right to delete any record we deem to be incomplete or incorrect, at any time.
9.1 From time to time, we may undertake promotions and make special offers in relation to the Artisan Ontario Directory and/or Portfolio Listing (‘Promotions’). All Promotions are offered subject to their own terms and conditions and may be withdrawn or altered at our discretion. The terms and conditions of a Promotion will override these Terms and Conditions to the extent of any inconsistency.
10.1 You acknowledge that we cannot control who will view a Directory Listing and/or Portfolio Listing. For safety and security, you are encouraged to take measures and precautions against providing personal information in your Directory Listing that could place you or your staff or members in danger (whether real, threatened or potential).
11 Joining our directory and/or Portfolio Listing
11.1 Prospective members follow the link from the offers page or an offers link on an email.
11.2 Fill in all fields accurately
11.3 Unless directed otherwise pay selected listing product
11.4 Taking up one of our offers and registering as a member does not automatically confer the right to be listed on ArtisanOntairo.ca
11.5 Once we have received the filled out listing we evaluate its content, category listing and we may make it active and accept the listing until further notice.
11.6 If we decide to reject the listing and you have paid, we will refund what has been paid. It is at our discretion whether we notify you as to the reason of the rejection.
11.7 You will receive a private link by email
11.8 Enter directory information, you can edit and change the pictures) in your directory listing at anytime, we will review the new content and approve it if it is found suitable.
11.9 There may be a delay of a few days depending on how many listings are to be evaluated at that time.
11.10 We reserve the right to optimize images and edit the text, or ask you to do so.
11.11 We reserve the right to change the category/categories under which you have selected to appear.
11.12 You may select only one artisan category to be listed under.
11.13 If we enter you in multiple categories at no cost for a period of time and you wish not to be in the free multiple categories you need to let us know by email at admin@ArtisanOntario.ca.
If you have selected the Directory and Portfolio Listing package:
11.14 You will receive by email a private ID and link to a page where you can enter your professional information and upload images (maximum of 5 images files of no more than 50 KB each) of your work. You will also be required to email a more detailed/elaborated text along with additional images for your Portfolio Profile page. You are limited to no more than 10 image files, no larger than 50KB each for your Portfolio Page.
11.15 After content revision we may ask you to change/add photos and or to edit/add text.
11.16 We will enter the content you have provided and make the website live. If you wish to add changes that are not related to any mistakes on our part you may be charged a reasonable fee for the work incurred.
11.17 Taking up one of our offers and registering as a member does not automatically confer the right to be listed on ArtisanOntario.ca
11.18 Once we have received the completed directory and portfolio listing information we evaluate its content, category listing and we may make it active and accept the listing until further notice.
11.19 If we decide to reject the directory and portfolio listing and you have paid, we will refund what has been paid. It is at our discretion whether we notify you as to the reason of the rejection.
12 Rules for using this site
12.1 First of all, you represent and warrant to us that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this terms and conditions and to use this site in accordance with these terms and conditions.
12.1.2 You understand and agree to comply with all relevant and applicable laws in Ontario with respect to your Listing.
12.2.1 Each registration, where applicable, is for a single user only. Artisan Ontario does not permit you to share your private ID with any other person nor with multiple users on a network. It is your responsibility to keep your private ID safe.
12.2.2 If you are registering as a business entity, you represent that you have the authority to bind the entity to this legal notice in its entirety.
12.2.3 Responsibility for the security of any private ID issued rests with you. Therefore, you are responsible for all actions taken with any private ID, including fees and any liabilities incurred using your ID. We therefore recommend that you do not disclose your private ID to any third parties.
12.2.4 Following registration, you can review and change the information you submitted during registration.
12.2.5 Artisan Ontario reserves the right to change their fee structure at any time. In all circumstances, you will be given at least 60 days notice of any proposed change to Master Artisans fee structure.
12.2.6 Registered users understand and agree that Artisan Ontario may send certain communications such as service announcements and administrative notices and that you will not be able to opt out of receiving them. Canada’s anti-spam law came into force on, July 1, 2014. Under this new legislation Artisan Ontario is required to obtain your consent to continue to send you all the latest news, updates, event information, etc. You agree that your registering or use of this site in any way constitutes consent to Artisan Ontario’s staff contacting you in any manner that we deem appropriate and furthermore you indemnify Artisan Ontario against any claims of spam or harassment in any way.
12.2.7 ArtisanOntario.ca is only a venue. This means that we allow registered users to publicize items and provide information about themselves or their business offerings in a variety of formats. We do not review these items or information (including but not limited to any web pages) provided by registered users and we are not involved in any transactions between users (registered or otherwise) of this Website. Therefore, we have no control over the quality, safety or legality of any items publicised or the truth or accuracy of those listings or information. Users and registered users accept sole responsibility for the legality of their actions .
12.2.8 You understand and agree that Artisan Ontario may establish general practices and limits concerning your use of this Website. Currently, each registered user is allowed a maximum of KB of disk space for the purposes anticipated at clause 12.2.7 above.
12.2.9 Artisan Ontario reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, your use of this Website with or without notice. You agree that Artisan Ontario shall not be liable to you or to any third party for any modification, suspension or discontinuance as noted herein.
12.3 For the purposes anticipated by clause 12.2.7 above, Artisan Ontario grants you a personal, non-transferable, non-exclusive right and licence to use the functionality built into this Website provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, transfer, assign, sub-licence or otherwise attempt to deal with or discover any applicable source code.
12.4 Upon written request, we will deactivate your account, contact information and, where applicable, any financial information from our active databases. To make this request, email admin@ArtisanOntario.ca and such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.
12.5 If the site is a commercial web site, the official business name must be visible to any visitor to that site;
12.6 The site must clearly define its purpose, products, and/or services;
12.7 In the event that Artisan Ontario fails to display any listing in accordance with the Sign-Up form (or in the event of any other failure, technical or otherwise), the sole liability of Artisan Ontario shall be limited to placement of “make-good” listing during a reasonable time thereafter
12.8 Artisan Ontario requires that you provide a valid email address with your listing in order that we can correspond with you regarding your listing, or so we can keep you up to date with site developments if we wish.
12.9 The email address provided by you will be the primary way in which Artisan Ontario will communicate with you. If this changes you must advise us of the change. Artisan Ontario will not be responsible if an email is sent to you but not received by you for any reason.
12.10 Artisan Ontario will take measures it sees fit in order to protect your private information. However Artisan Ontario will not be responsible for the acquisition of your details by any third party without our knowledge.
12.11 Artisan Ontario may change the web sites or directories at any time as they see fit. This may include, but is not limited to, changes to the look and feel of the sites, the branding and structure of the sites and directories, and the categories and regions used on the sites.
12.12 Artisan Ontario will not be required to advise you of changes to the sites or your listing if these are made.
12.13 All listings and information in the directories and web sites are copyright to Artisan Ontario.
12.14 Artisan Ontario makes no guarantees about how much traffic might be received by listing sites by way of referrals from the sites.
12.15 Artisan Ontario will not be in any way liable for any discrepancy, misrepresentation or error in any of the information provided on the sites.
12.16 Artisan Ontario may change the text, categories and regions of any submission or listing at any time as they see appropriate.
12.17 Owners of copyright material who provide copyrighted photos to be used assert that the photos are their own property and these same owners have the publishing rights to said photos. Artisan Ontario is not responsible for any action, or omission of action, by any renter obtained by the use of this site.
13 Refund Policy
13.1 Artisan Ontario may issue a refund for paid listings in the following circumstances
13.2 Where you are dissatisfied with your listing in the directories and you request a refund by email within 14 days of the listing being activated.
13.3 Where Artisan Ontario changes the directory web sites to the extent that it deems that subscribers are no longer getting the same or greater value from their paid listing. In this case Artisan Ontario may at their discretion make a pro-rata refund based on the subscription period remaining for the paid listing.
13.4 Where Artisan Ontario decides that your application for directory listing is not suitable or appropriate and you have paid for a listing and or other product.
14 Advertising on ArtisanOntario.ca
14.1 The Advertiser must provide complete and commercially reasonable creative content, consisting of a logo, Advertiser description and banner ad text (collectively, the Listing Materials) in a format which complies with the Company’s requirements for such content, no later than fifteen (15) days prior to the scheduled commencement date of the publication of the listing.
14.2 In the event that Advertiser fails to provide the Listing Materials to Artisan Ontario, then Artisan Ontario shall have the right to suspend the Advertisers listing until such time as Advertiser provides the Listing Materials.
14.3 Such suspension shall have no effect on the Term of the listing, which shall continue to run during such suspension.
14.4 Artisan Ontario shall also have the right to create the Listing Materials for Advertiser, and may charge Advertiser a reasonable fee for such service, such fee not to exceed CAN$250.
14.5 Artisan Ontario may refuse the use of any advertisement.
14.6 Advertiser recognizes that Artisan Ontario has proprietary relationships with third-party publishers which provide advertising inventory to Artisan Ontario, and Advertiser agrees not to solicit, induce, recruit or encourage, directly or indirectly, any publisher that is known to Advertiser to be a client of Artisan Ontario, for purposes of offering products or services that are competitive with Artisan Ontario, during the term of this Agreement and for 90 days thereafter.
15.1 We reserve the right to introduce and, once introduced, to change, charges for Directory and/or Portfolio listings, (collectively listings or Directory Listing) from time to time. If we do so, we will notify you at the address contained in your Directory Listing or at the contact address provided by you, within a reasonable time before the introduction or change takes effect.
15.2 If you do not agree with the introduced or changed listing charges, you are required to immediately remove (if you have a private ID for Access ) or otherwise notify us by contacting us at info@ArtisanOntario.ca to remove your Directory Listing before the listing charges take effect.
15.3 If you do not pay the listing charges within 30 days of such charges coming into effect or being due and payable, we reserve the right to remove immediately and without any further notice to your Directory Listing from the Directory and/or your Portfolio Listing.
16 Your Warranties and Consent
You warrant and represent that:
16.1 all details and information in your Directory Listing and/or Portfolio Listing (collectively Directory Listing) provided by you are true and accurate and are not false misleading or deceptive;
16.2 you will keep secure the your Private Link and only permit authorised persons access to and use of that Private Link; and
16.3 you will keep the information contained in your Directory Listing accurate and up to date and compliant with these Terms and Conditions.
17 Obligation of members
17.1 you have obtained all appropriate licences , authorisations , rights and clearances any entity that are necessary to provide the goods and services that you pertain to provide.
17.2 You must not include information in your Directory Listing that:
17.2.1 is unlawful, threatening, abusive, defamatory, obscene, vulgar, objectionable, pornographic, profane or indecent;
17.2.2 is false, misleading or deceptive or contains any misrepresentations;
17.2.3 Interferes with or inhibits other users or listing owners from enjoying or using the Directory;
17.2.4 Constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
17.2.5 Violates or infringes upon the intellectual property rights or other proprietary rights of any other person;
17.2.6 Not disclose confidential information of any other person without that persons written consent;
17.2.7 is an invasion of any privacy or publicity rights of any person; or exposes us to liability.
The information contained in your Directory Listing must:
17.3 Offer only products or services that complies with all applicable laws;
17.4 Comply with legislation, regulations, guidelines, rules and relevant industry codes of practice of your country;
17.5 Relate only to the entity the subject of the Directory Listing; and be true and accurate and be kept up to date.
17.6 In accessing and using your Directory Listing, you must not:
17.6.1 Tamper or interfere with or hinder the technical managerial or administrative operations of or make unauthorised modifications to the Directory or the our website generally;
17.6.2 Seek to probe, scan or test the vulnerability of the ArtisanOntario.ca system or network;
17.6.3 Breach any security or authentication measures for the Directory or the ArtisanOntario.ca system or network;
17.6.4 Attempt to gain access to or use of any other Directory Listing; and knowingly transmit any virus or other disabling feature to the Directory or ArtisanOntario.ca website.
18.1.1 Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms and Conditions (including any breach or termination of your Directory Listing). Please notify us of any dispute you may have by contacting us at info@ArtisanOntario.ca
19.1 Unless otherwise explicitly stated, notices to Artisan Ontario must be sent by email to Artisan Ontario at admin@ArtisanOntario.ca . Notices to registered users will be sent to the email address that you provide to Artisan Ontario when registering. Receipt is deemed 24 hours after an email is sent.
20 Use of Forums.
20.1 We may make available for Your use interactive message boards or chat rooms (Forums, Twitter, etc.) which permit You to post, download or upload information or material for discussion purposes.
20.2 You agree that you shall not upload to, or distribute or otherwise publish on the Forums or anywhere else on any of our Sites any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, including any material that violates any intellectual property laws.
20.3 You agree that you will use The Forums only for non-commercial purposes.
20.4 You shall not, without Our express approval, distribute or otherwise publish or transmit any material containing any solicitation of funds, advertising or solicitation for goods or services on any Forum.
20.5 You are solely responsible for the content of Your messages. However, while We do not and cannot review every message posted by You on the Forums and We are not responsible for the content of your messages, We reserve the right to delete, move, or edit messages that we believe in Our sole discretion are abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
20.6 You acknowledge that any submissions made by You to the Site may be edited, removed, modified, published, transmitted, and displayed by Us, and You hereby waive any moral rights, publicity rights or other rights you may have in having the material used, altered or changed in a manner not agreeable to you.
20.7 All Forums are intended as publicly available media, and You therefore should not have any expectation of privacy in connection with the posting or use of such Forums, or any messages posted on the Forums.
21 Third-Party e-commerce Services and Policies
21.1 We may operate an interactive transaction service allowing access to third party merchant sites (“Merchants”) from which You may purchase certain goods or services.
21.2 You understand that We do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service.
21.3 We are not a party to the transactions entered into between You and Merchants.
21.4 All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on the Merchants’ sites.
21.5 We are not responsible in any manner for and expressly disclaim any liability in connection with information provided by You to Merchants and for transactions entered into by You with the Merchants.
21.6 Merchants and VERTICAL PORTALS are unrelated, independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
22.1 Artisan Ontario, and any of Artisan Ontarios group companies and the officers, directors, employees, shareholders or agents of any of them, are excluded from all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
You agree that this legal notice (and all documents incorporated by reference) may be automatically assigned by Artisan Ontario in our sole discretion to a third party in the event of a merger or acquisition
Date: 11 July 2014