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Terms and Conditions

 

                                                  USER AGREEMENT & SERVICE TERMS

 

  1. INTRODUCTION

This Agreement sets the terms of your use of Occaplex Inc. website and services. This User Agreement, The Mobile device terms (if applicable) all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Occaplex Inc. offers you access to and use of our Services. The Mobile devices terms (if any), all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all the terms of this User Agreement when accessing or using our Services. Nothwithstanding Paragraph 1 of this User Agreement, you agree to contract with Occaplex Inc of 35 Panatella Crescent NW, Calgary, AB

 

  1. OCCAPLEX INC.- Brief Background

Occaplex Inc.  is a marketplace that allows users to offer, sell and buy goods and services in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Occaplex Inc.  has no control over and does not guarantee: the existence, quality, safety or legality of goods and services advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell goods and services; the ability of buyers to pay for goods and services; or that a buyer or seller will actually complete a transaction or return an item.

 

 

  • ABOUT YOUR OCCAPLEX’S ACCOUNT

 

  You may be required to register with us and set up an account with your email address and a password (your “Account”) in order to access and use some or a portion of the Services. The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us.

 

  • USER’S RESPONSIBILITIES

 

In connection with using or accessing the Services you will not do the following:

  1. post, list or upload content or goods and services in inappropriate categories or areas on our sites, breach or circumvent any Occaplex Inc., third-party rights or our systems, policies, or determinations of your account status;
  2. use our Services if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  3. fail to pay for goods and services purchased by you, unless you have a valid reason that is subject to Occaplex Inc’s approval;
  4. fail to deliver goods and or services sold by you, unless you have a valid reason which must be made known to Occaplex Inc;
  5. manipulate the price of any item or interfere with any other user’s listings;
  6. post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  1. take any action that may undermine the feedback or ratings systems;
  2. transfer your Occaplex Inc.  account and user ID to another party without obtaining Occaplex Inc.’s consent.
  3. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  4. distribute viruses or any other technologies that may harm Occaplex Inc. or the interests or property of users;
  5. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Occaplex Inc.;
  6. interfere with the working of our Services, or impose a disproportionately large load on our infrastructure;
  7. export or re-export any Occaplex Inc. application or tool, except in compliance with the export control of Occaplex Inc. of any relevant jurisdictions and in accordance with posted rules and restrictions;
  8. infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Occaplex Inc. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Occaplex Inc. or someone else;
  9. infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  10. commercialize any Occaplex Inc’s application or any information or software associated with such application, except with the prior express permission of Occaplex Inc.; harvest or otherwise collect information about users without their consent; or
  11. circumvent any technical measures we use to provide the Services.

 

Additional Responsibilities – User

  User’s Accounts:  Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your account.

 

User’s Content. You will ensure that your Content and your End Users’ use of Your Content or the Service Offerings will not violate any of the Policies or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of your Content.

User’s Security and Backup. You are responsible for properly configuring and using the Service Offerings and otherwise taking appropriate action to secure, protect and backup your accounts and your Content in a manner that will provide appropriate security and protection, which might include use of encryption to protect your content from unauthorized access and routinely archiving your content.

User’s Log-In Credentials and Account Keys: OCCAPLEX INC. log-in credentials and private keys generated by the services are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.

4.5 End Users. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, your content or use of the Service Offerings. You are responsible for End Users’ use of your content and the Service Offerings. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to your Content and the Service Offerings by such End User. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.

5. SELLER’S RESPONSIBILITIES

Notwithstanding previous paragraphs, the seller’s responsibilities shall include but not limited to the following;

  1. Sellers must meet Occaplex Inc.’s performance standards. Failure to meet these standards may result in Occaplex Inc. charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
  2. If Occaplex Inc. believes you are abusing Occaplex Inc. and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
  3. If we believe you are violating our policies, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.
  4. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Occaplex Inc., you may be liable to pay a final value fee applicable to that item, even if the good and/or service does not sell.
  5. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
  6. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

 

TRANSACTION OUTSIDE OCCAPLEX INC.

 

The buyer and seller are no longer covered by Occaplex Inc. protection and the Ocapplex Money Back terms when a transaction that started out on Occaplex Inc. is completed outside of the Occaplex Inc. platform as this could create a risk of fraud and is not permitted.

 

  1.  POLICY ENFORCEMENT

When a buyer or seller issue arises, we may consider the user’s history and circumstances in applying our policies.

 

5.FEES AND PAYMENTS

  1. The fees we charge for using our Services are listed on Occaplex Inc’s Website. We may change our seller fees from time to time by posting the changes on the Occaplex Inc’s website days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Occaplex Inc. Services, even if sales terms are finalized or payment is made outside of Occaplex Inc. you may be liable to pay a fee applicable to that item, even if the good and or service doesn’t sell, given your usage of Occaplex Inc’s services for the introduction to a buyer.

 

  1. Service Fees. We calculate and bill fees and charges monthly. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. You will pay us the applicable fees and charges for use of the Service Offerings as described on the OCCAPLEX INC’s website using one of the payment methods we support. All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the OCCAPLEX INC’s website, unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice. We may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.

 

  1. You must have a payment method on file when selling through Occaplex Inc. and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that any Occaplex supported payment methods deduct the amount owed from your account balance. In addition, you will be subject to late fees. Occaplex Inc., or 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.
  2. If you wish to dispute the information Occaplex Inc. reported to a credit bureau, please contact us at Occaplex Inc.
  3. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Occaplex Inc. account, you must contact the collection agency directly.
  4. Seller fees don’t purchase exclusive rights to item (goods and /or services) exposure on Occaplex Inc., whether on a webpage, mobile app, or otherwise.

 

Taxes associated with our Services will be collected when applicable.  You agree to provide accurate address information necessary for Occaplex Inc to comply with its obligations under applicable law.

 

  1. LISTING CONDITIONS
  1. When listing an item, you agree to comply with Occaplex Inc.’s Listing and Selling policies and that:
  1. You are responsible for the accuracy and content of the listing and item offered;
  2. Your listing may not be immediately searchable by keyword or category for several hours and Occaplex Inc. cannot guarantee exact listing durations;
  3. your fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing;
  4. Content that violates any of Occaplex Inc. ‘s policies may be modified, obfuscated or deleted at Occaplex Inc.’s discretion
  5. We may revise product data associated with listings to supplement, remove, or correct information;
  6. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    1. buyer’s location, search query, browsing site, and history;
    2. item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    3. seller’s history, including listing practices, Seller Ratings, Occaplex Inc. policy compliance, Feedback, and defect rate; and;
    4. number of listings matching the buyer’s query
  7. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer
  8. Occaplex Inc.’s listing Policy may also affect whether your listing appears in search results.
  9. Metatags and URL links that are included in a listing may be removed or altered to not affect third-party search engine results
  10. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers
  1. Food Vendors

If you sell food and/or any food related services, Occaplex Inc requires that you are a registered and licensed Food Vendor in your jurisdiction.  Notwithstanding this paragraph, the whole rules set out in this user agreement is applicable to each Food Vendors.

 

7.  RESPONSIBILITIES FOR BUYER(S) /PURCHASER (S)

  1. When buying an item, you agree to the following;
  1. You are responsible for reading the full item listing before making a commitment to buy
  2. You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have your intention and/or commitment to buy is accepted)
  3. You agree to a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item such as vehicles and real estate. Expression of interest under this paragraph does not create a formal contract between the buyer and the seller
  4. We do not transfer legal ownership of goods and services from the seller to the buyer
  5. Where transfer of legal ownership is applicable, the seller and the buyer shall ensure it is done in accordance to the Occaplex Inc. of the land where the sale and purchase is effected.

Taxes associated with our Services will be collected when applicable.  You agree to provide accurate address information necessary for Occaplex Inc to comply with its obligations under applicable law.

 

  1.   ADVERTISEMENTS

We run advertisements to present opportunities and services of our clients to consumers of our platforms. Occaplex Inc also runs advertisement on its platforms to sell and acquire more clients. There might be questionnaires and forms for you to fill out with your personal information to third party opportunity/services. Occaplex inc is not liable to how this information might be used by these third parties.

This information may include, but is not limited to: your e-mail address, name, mailing address, telephone number, date of birth, gender, IP address, and payment information; as well as other information about your interests.

Please note that your advert must advertise a specific good or service. Ads created for the sole purpose of directing traffic to an alternate website are not allowed on Occaplex Inc’s platform.

 

9. INTERNATIONAL TRANSACTION

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all Occaplex Inc. and regulations applicable to the international sale, purchase, and shipment of goods and services. If you purchase an item on Occaplex Inc., you are subject to the Occaplex Inc.’s User Agreement. Taxes associated with our Services will be collected when applicable.  You agree to provide accurate address information necessary for Occaplex Inc to comply with its obligations under applicable law.

 

When you sell your goods and services internationally, you agree to be subject to Occaplex Inc.’s User Agreement, privacy policies, other additional policies, and our Occaplex Inc. Money Back terms. You may adjust your account settings within My Occaplex Inc. to indicate your preferences on international shipping by excluding international shipping and applying an exclusion list to the applicable countries.

You authorize us to use automated tools to translate your Occaplex Inc. content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

10. CONTENT

When providing content using Occaplex Inc platform, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Occaplex Inc., our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.

You agree, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Occaplex Inc. takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data that are provided by third parties including Occaplex Inc. users. You may use that content solely in your Occaplex Inc. listings. Occaplex Inc. may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data.

We try to offer reliable product data but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Occaplex Inc. is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

The name “Occaplex Inc.” and other Occaplex Inc. marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Occaplex Inc. in Canada and other countries. They may not be used without the express written prior permission of Occaplex Inc.

11. CLAIMS

In the event of alleged copyright, Occaplex Inc. works to ensure that listed goods and services and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate. 

 

12. HOLDS

To protect Occaplex Inc. from risk of liability for your actions as a seller, Occaplex Inc. has at times recommended, and may continue to recommend, that any of Occaplex- supported payment methods restrict access to funds in a seller’s  account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an Occaplex Inc. Money Back Terms case. This may result in restricting funds in your account.

13. CALLS AND RECORDING CALLS

  1. Occaplex Inc. may contact you using pre-recorded calls and text messages, at any telephone number that you have provided us, to:

(i) notify you regarding your account;

(ii) troubleshoot problems with your account;

(iii) resolve a dispute;

(iv) collect a debt;

(v) for surveys or questionnaires; or

(vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.

  1. Occaplex Inc. may also contact you using pre-recorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our Privacy Policy.

Occaplex Inc. may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Occaplex Inc. or its agents for quality control and training purposes, or for its own protection.

Occaplex Inc.’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Occaplex Inc.’s User Agreement, including the incorporated terms, notices, rules, and policies.

14. PRIVACY for Marketing purposes

If Occaplex Inc. provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

15. RETURNS, REFUNDS & CANCELLATION

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Occaplex Inc. will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My Occaplex Inc. Where settings have been set to automatically accept requests for returns or replacements, an Occaplex Inc.-generated return shipping label may be provided to your buyer. You agree to comply with our return policy which is Fourteen (14) days after delivery.

When an item is returned, to refund the buyer, you (as seller) authorize Occaplex Inc. to request that any of our Occaplex-supported payment method remove the refund amount (in same or other currency) from your account, place the amount on your invoice, and/or charge your payment method on file.

The cost of return shipping for any goods and services is the seller’s responsibility. The seller authorizes Occaplex Inc. to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:

  • An Occaplex Inc.-generated return shipping label is used, and the seller is responsible for its cost;
  • Returns have been automated;
  • You fail to send your buyer a return shipping label and, instead, an Occaplex Inc.-generated shipping label is used; and/or
  • A transaction is cancelled, and to refund the buyer, the seller authorizes Occaplex Inc. to request that any of our Occaplex-supported payment method remove the refund amount (in same or other currency) from your account.

 

16.  SHIPPING

The Seller is responsible to send products to the buyer upon payment made by the buyer.

17.Occaplex Inc. Money Back Terms

Most Occaplex Inc. sales go smoothly, but if there’s a problem with a purchase, the Occaplex Inc. Money Back Terms helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on matters therefrom

If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or Occaplex Inc. under the Occaplex Inc. Money Back Terms, you authorize Occaplex Inc. to request that any Occaplex -supported  funds remittance system accepted by Occaplex Inc. remove the reimbursement amount (in same or other currency) from your account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We may suspend the Occaplex Inc. Money Bank Terms without notice if we suspect abuse or interference with the proper working of the policy.

 

18.  Disclaimer and Limitation of Liability

1.You agree that you are making use of our services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a purpose, and non-infringement.

  1. You agree that we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the content you provide  using Occaplex Inc Platform.

You agree that we are not liable to your use of or your inability to use our Services with respect to the following;

  • pricing, shipping, format, or other guidance provided by Occaplex Inc.;
  • delays or disruptions in our services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Occaplex Inc. Service;
  • the content, actions, or inactions of third parties, including goods and services listed using our Services or the destruction of allegedly fake goods and services;
  • a suspension or other action taken with respect to your account or breach of the Abusing Occaplex Inc. Section above;
  • the duration or way your listings appear in search results as set out in the Listing Conditions Section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, because of changes to this User Agreement or our policies.

 

We do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services as most of the goods and services on Occaplex Inc’s website comes from other users. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Occaplex Inc. Money Back Guarantee up to the price the item sold for on Occaplex Inc. (including any applicable sales tax) and its original shipping costs, (b) 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 (c) $100.

In addition, you agree that Occaplex inc liability will be limited to the value of the transactions or services provided to you by Occaplex Inc.  

19. RELEASE

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

 

18. INDEMNITY

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Occaplex Inc.’s Services or your breach of any law or the rights of a third party.

20. LEGAL STUFF

You and Occaplex Inc. agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Occaplex Inc. (including any claim or dispute between you and a third-party agent of Occaplex Inc.) that relates in any way to or arises out of this User Agreement, your use of or access to the Services, the actions of Occaplex Inc. or its agents, or any goods or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this  Section.

 

                Dispute Resolution

  1. This Agreement and any dispute or claim you have against Occaplex Inc. shall be governed in all respects by the Occaplex Inc. of the Province of Alberta and the federal law of Canada applicable therein. Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below you agree to submit to the jurisdiction of the courts located in Calgary, Alberta for the resolution of and all claims or disputes you may have against Occaplex Inc. 

 

  1. For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount of monetary relief sought is less than CDN$20,000, the parties may elect to resolve the dispute in a cost-effective manner through binding arbitration. In the event that the parties agree to arbitration, such arbitration shall be conducted pursuant to the simplified arbitration procedure set out in the arbitration rules of the ADR Institute of Canada, in force at the time of the dispute. Unless the parties agree, or the arbitrator determines otherwise, the arbitration shall not involve any personal appearance by the parties or witnesses and shall be conducted by telephone, online and/or be solely based on written submissions. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

  1. All claims you bring against Occaplex Inc. 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, Occaplex Inc. may recover attorneys’ fees and costs up to CD$1500, provided that Occaplex Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

The Arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Occaplex Inc. user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the applicable rules, unless otherwise stated in this Agreement to Arbitrate. Parties will bear the cost thereof. If in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Occaplex Inc. for all fees associated with the arbitration paid by Occaplex Inc.

  1. Future Amendments

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this resolution of dispute in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Occaplex Inc. prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the resolution of dispute that have arisen or may arise between you and Occaplex Inc. We will notify you of amendments to this by posting the amended terms on Occaplex’s website at least 30 days before the effective date of the amendments and by providing notice through the Occaplex Inc. Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

  1. PERSONAL INFORMATION

you agree to the collection, transfer, storage and use of your personal information by Occaplex Inc. (the “data controller”) on servers located in Canada as further described in our privacy policy

 

  1. INFRINGEMENTS- Intellectual Property Rights (Verified Rights Owners – VeRO)

 You agree not to post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.  If you have a good faith belief that a listing on Occaplex Inc’s platform infringes your copyright, trademark, or other intellectual property rights, please contact us.

  1. NOTICES

Except as explicitly stated otherwise, legal notices shall be served on Occaplex Inc.’s registered address. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your user account. Notice to you shall be deemed given 48 hours after the email is sent. Alternatively, we may give you legal notice by mail to the registered address associated with your account, as identified in your Occaplex Inc.’s account. In such case, notice shall be deemed given five days after the date of mailing.

 

24. GENERAL

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.

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. This Agreement is covered by the law of the Province of Alberta and Federal law of Canada.

 

We may amend this User Agreement at any time by posting the amended terms on Occaplex Inc’s platform. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the Occaplex Inc. Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through or otherwise.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Occaplex Inc’s platform.  We may automatically assign this agreement in our sole discretion in accordance with the notice provision.

If you create or use an account on behalf of a business entity, you agree that you are authorized to act on behalf of such business and bind the business to this Agreement. You agree that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement and all terms and policies posted through our platform set forth the entire understanding and agreement between you and Occaplex Inc and supersede all prior understandings and agreements of the parties. The following sections survive any termination of this User Agreement: Fees, Content, Disclaimer; Limitation of Liability; Release, Indemnity, Legal Stuff and General.

 

 

SELLING FEE POLICY

The amount we charge depends on the item’s price, the format and category you choose for your listing, any optional listing upgrades you add, and how you are performing as a seller.  Our Fees

 

CLOSING YOUR OCCAPLEX INC.’S ACCOUNT  

 

  1. Be sure that all your fees are paid, and your account balance is zero.
  2. Resolve any suspensions or restrictions.
  3. Do not have any open bids.
  4. Once the above have been verified, submit a request to close your account in writing.

Closing your seller’s account

If you want to keep your Occaplex Inc. account but no longer want to sell items, you can deactivate your seller’s account. You’ll still be able to bid and make purchases, but if you later want to sell items, you’ll have some restrictions.

To deactivate your seller’s account, remove your payment information for your credit or bank account. On your seller account page, click the Remove payment method link.

You may continue to accrue fees for any listings you have on the site, as well as monthly fees if you have any active subscriptions such as Occaplex Inc. Stores. If you have any outstanding balances, please make a one-time payment before you close your seller’s account.  

Closing your Occaplex Inc. Store

When you close your Store, you can choose to end or keep all your fixed price listings.

Money Back Terms

Most Occaplex Inc. sales go smoothly, but if there’s a problem with a purchase, the Occaplex Inc. Money Back Guarantee ensures that buyers receive the item they ordered or get their money back.

Buyers can use the Occaplex Inc. Money Back Guarantee when:

  • They don’t receive an item
  • They receive an item that doesn’t match the listing description

Most sellers work with buyers to quickly resolve issues, but if a solution isn’t reached, we can help.

What’s covered

Most transactions on occaplex.com are covered by the Occaplex Inc. Money Back Terms.

Purchases are covered by the Occaplex Inc. Money Back Term when all of the following are true:

  • An item isn’t received, or it isn’t as described in the listing.
  • A buyer reports that they didn’t receive an item or requests a return within the Occaplex Money Back Terms.
  • The buyer made the purchase on occaplex.com via checkout or an Occaplex Inc. invoice with one of the following payment methods:
    • PayPal
    • PayPal Credit
    • Credit card or debit card
  • -The item was paid for in a single payment (including payments with PayPal Credit)
  • Items collected in person are covered as long as they meet all other requirements.

Not Covered

  • Buyer’s remorse or any reason other than not receiving an item or receiving an item that isn’t as described in the listing (see the seller’s return policy for return options).
  • Items damaged during pick-up.
  • Items damaged during shipment when the buyer arranges shipping of the item (for instance, the buyer arranges freight).
  • Duplicate claims
  • Food Services and Party Supplies
  • Local pickup items that were not collected by the buyer.
  • Items shipped to another address after original delivery.

When a buyer doesn’t receive an item

If a buyer doesn’t receive an item, the buyer needs to report that they didn’t receive the item by contacting the seller from My Occaplex Inc. The seller should address the buyer’s concern and provide updates on the delivery of the item, tracking information, or a refund. 

If the buyer isn’t happy with the seller’s response or doesn’t receive a response, the buyer can ask us to step in and help.

If asked to step in and help, we review the information provided by the buyer and seller for evidence of successful on-time delivery to the buyer’s address. We require proof of signature to confirm delivery for items with a total cost of $750 or more.

If we determine that the item wasn’t successfully delivered, the seller will refund the full cost of the item and original shipping via our supported remittance system.

Generally, the buyer is responsible for accepting the item when it arrives. If the buyer refuses delivery, their claim is not eligible for the Occaplex Inc. Money Back Term.

Exceptions:

  • The buyer can provide, via written proof from the carrier, that they refused the package because it arrived empty or was damaged in shipping
  • The buyer accepted and opened the package only to determine that it was an empty box

The buyer is responsible for paying any customs and duty fees for international shipping unless the seller overstated the value of the item, which caused customs fees to be higher

When an item doesn’t match the listing description

If a buyer receives an item that doesn’t match the listing description, the buyer needs to request a return from My Occaplex Inc. The seller should address the buyer’s concern and offer a solution, such as accepting a return, offering a replacement or refund. 

If the buyer doesn’t receive a response or solution and did not receive a refund or replacement from the seller, the buyer can ask us to step in and help.

If asked to step in and help, we review the item description, photos of the item, if provided by the buyer or seller, and any other information about the item that the buyer and seller provide. If we can’t determine that the item matches the listing description, if the seller has already offered a return, or the seller’s stated return window and policy applies, we may ask the buyer to return the item to the seller.

When an item is returned to the seller

  • The buyer must return the item in the same condition in which it was received.
  • The seller is required to accept the return at the same location specified in the listing
  • The cost of return shipping is the seller’s responsibility. For return of items with a total cost of $750 or more, we require signature confirmation.
  • The seller pays for any customs charges on the returned item and the seller can provide a return shipping label to the buyer.

When a return shipping label is made available to the buyer and/or the buyer chooses to purchase a separate label, the buyer will bear that cost.

After confirming that the item was returned to the seller, we will refund the full cost of the item and original shipping via any Occaplex supported remittance system. We require the seller to reimburse us for the amount. When the buyer arranges shipping or picks up the item, we may not refund the cost of original shipping or pickup.

When an item isn’t returned to the seller

In some instances, we may not require that an item be returned to the seller. In these situations, we refund the buyer and may seek reimbursement from the seller, for example if:

  • The seller chooses not to accept a return request or provide a return shipping label.
  • The item location was misrepresented.
  • It’s hazardous to ship back the item.
  • The item no longer has a value (for instance, a ticket for a cancelled event).

Alternatively, with the buyer’s consent, we may give a partial refund to cover differences between how the item was described in the listing and the actual item the buyer received. When given a partial refund, the buyer isn’t asked to return the item to the seller. We will require the seller to reimburse us for the partial refund.

Counterfeit items

If a buyer suspects that an item is counterfeit, and there are strong indicators that the item is counterfeit, we don’t require the buyer to return the item to the seller. The buyer agrees to cooperate with us to ensure the proper disposal of the item. In such instances, we refund the buyer for the full cost of the item and original shipping, and the seller reimburses us for the refund. The buyer may not sell the item on Occaplex Inc. or elsewhere.

Occaplex Inc. Money Back Guarantee Terms

Item not received

  • A buyer can report in My Occaplex Inc. that they didn’t receive an item once the item’s latest estimated delivery date has passed, and for 30 days after the last estimated delivery date.
  • For event tickets, a buyer must report that they didn’t receive the tickets no later than 7 days after the event date or 30 days from the latest estimated delivery date, whichever is later.
  • The seller has 3 business days from the report to respond to the buyer or offer a solution. If the seller does not respond or offer a solution, the buyer can ask us to step in and help.
  • If the buyer doesn’t ask us to step in and help within 21 days of reporting that they didn’t receive an item, the request closes automatically.

Item not as described

  • A buyer must request a return no later than 30 days after the actual (or latest estimated) delivery date, or, if the seller’s return window is longer, within the return window.
  • For event tickets, a buyer must request a return no later than 7 days after the event date or 30 days from the actual (or latest estimated) delivery date, whichever is later.
  • The seller has 3 business days from the request to respond to the buyer and offer a solution. If the seller does not offer a solution or the buyer is unsatisfied with the solution, the buyer can ask us to step in and help.
  • The buyer must ship the item back to the seller within 5 business days from when the buyer starts the return. If a seller offered a replacement and the buyer has not shipped the original item back within 30 days of the buyer starting the return, we charge the buyer for the replacement.
  • If the seller offers a refund and doesn’t issue it within 2 business days of the item’s delivery to the seller, the buyer can ask us to step in and help for a period of 10 business days after the refund deadline has passed.
  • If the seller offers a replacement and doesn’t ship the replacement within 5 business days of buyer starting the return, the buyer can ask us to step in and help for a period of 14 business days after the replacement deadline has passed or the day the original item was returned to the seller, whichever is later.
  • If the buyer doesn’t ask us to step in and help within 21 days of starting a request for a return (or the timelines described if a refund or replacement isn’t received), the request closes automatically.

Latest estimated delivery date

When we have no information about the actual delivery date, we use the latest estimated delivery date. When we have no estimated delivery information, we consider the latest estimated delivery date to be 7 days from payment date for transactions between a buyer and seller in the same country, and 30 days from the payment date for buyers and sellers in different countries.

Appeals

Buyers and sellers have an opportunity within 30 days from when we make a decision about a transaction issue to appeal our decision by providing appropriate documentation. We have the right to seek reimbursement from the seller if a buyer successfully appeals.

Refunds to buyers

We refund buyers via any Occaplex -supported remittance system.  We may provide refunds by coupon redeemable for purchases on Occaplex Inc.

Seller funds and reimbursements

Seller funds

After a buyer reports that they didn’t receive an item or requests a return, or when a buyer asks us to step in and help, a seller’s funds may be set aside by any of our supported remittance systems used by the seller  

Reimbursements

If a seller is required to reimburse the buyer or Occaplex Inc., the reimbursement amount is removed from the seller’s account placed on the seller’s invoice and/or charged to the seller’s payment method on file. The seller is required to have a valid payment method on file. The cost of return shipping is the seller’s responsibility.  

Alternative Resolution options

Buyers can’t use more than one resolution method to get a refund. After selecting a resolution process (Occaplex Inc. Money Back Term or requesting a chargeback from their payment provider) a buyer is required to use only that process to resolve the transaction issue.

If a buyer files a chargeback, any requests opened through the Occaplex Inc. Money Back Term for the same transaction are immediately closed.

If a buyer files a PayPal Purchase Protection dispute, the buyer can’t open an Occaplex Inc. Money Back Term request for the same transaction.

If a seller loses a chargeback after they reimburse Occaplex Inc. or the buyer, they may appeal the Occaplex Inc. decision by providing evidence of the lost chargeback.

Fraudulent claims

Fraudulent claims may include:

  • i. A buyer opening excessive requests
  • ii.  buyer colluding with a seller to mis declare an item’s value for customs
  • iii. buyer filing a chargeback after knowingly receiving a refund

Buyers who file fraudulent claims are subject to consequences  

Other terms

  • Buyers and sellers permit us to make final decisions about all cases, including appeals.
  • We may provide buyers and sellers with access to each other’s names, usernames, contact information, and other information relating to a request.
  • When a buyer and seller don’t speak the same language, we may assist with communication until the issue is resolved. The seller and the buyer will pay fees for a certified translator or interpreter
  • The Occaplex Inc. Money Back Term is not a product or service warranty.
  • In some situations, we may open and decide on a request on behalf of the buyer. This includes situations in which a seller is suspended for fraudulent activity.
  • We reserve the right to fix any processing errors we discover by debiting or crediting the payment method used for the incorrect refund or reimbursement.

 

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