Terms of Use


PLEASE READ THESE MANDATORY TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY FOXSLY INC. c/o/b/ AS FOXSLY ONLINE MARKET VENUE1 (“FOXSLY”).

THIS AGREEMENT APPLIES TO EVERY PERSON (NATURAL OR LEGAL) WHO ACCESSES THE WEBSITE HTTP://WWW.FOXSLY.COM OR ANY ASSOCIATED FOXSLY MOBILE APPLICATIONS (COLLECTIVELY THE “SITE”) INCLUDING, WITHOUT LIMITATION, ANYONE WHO IS OR MAY BE IDENTIFIED OR CONSTRUED AS A USER, VISITOR, BROWSER, CUSTOMER, BUYER, SELLER, VENDOR, MERCHANT, AND/OR CONTRIBUTOR OF CONTENT, INFORMATION, OTHER MATERIALS OR SERVICES ON THE SITE (“USER”).

THIS AGREEMENT SETS OUT THE LEGALLY BINDING TERMS AND CONDITIONS APPLICABLE TO USERS OF THE SITE INCLUDING ALL SERVICES PROVIDED BY FOXSLY ON AND VIA THE SITE.

IN CONSIDERATION of the covenants, representations and warranties set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Foxsly (also referred to herein as “we”, “us” or “our”) and the User (also referred to herein as “you” or “your”) AGREE AS FOLLOWS:

  1. Site Access and General Application of Terms of Use
    1. The Site is operated by Foxsly. We offer this Site, including all information, tools and services available from this Site to the User conditioned upon your acceptance of all terms, conditions, policies, statements, rules, procedures and notices stated herein and/or available by hyperlink, all of which are incorporated into and form part of these Terms of Use by this reference.
    2. ​Unless the context otherwise requires, reference herein to “User”, “you” and “your” is to be construed expansively to also include vendors/merchants whose profiles and wares are displayed on the Site.
    3. By accessing, viewing or otherwise using any part of the Site in any manner, you are bound by the Terms of Use. If you do not agree to every aspect of the Terms of Use then you are prohibited from accessing or otherwise using the Site and/or Foxsly’s services.
    4. ​Any new or revised features, tools or services which are added to or offered through the Site shall be subject to the Terms of Use immediately upon being so added or offered.
    5. ​You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, revise, replace or otherwise change any part of the Terms of Use at any time and without advance notice to you. Any such changes to the Terms of Use posted on the Site shall take effect immediately upon posting.
    6. It is your responsibility to check this page periodically for changes to the Terms of Use. In any event, your continued use of or access to the Site following the posting of any changes consitutes acceptance of those changes and the entirety of the Terms of Use.
  2. Foxsly as a Market Venue
    1. ​Foxsly operates as an online market venue. We provide a forum and customized eCommerce platform for Users to offer, sell and buy (as the case may be) certain goods (also referred to herein as “products” or “wares”) in a fixed-price format.
    2. ​Users approved by Foxsly for participation as vendors on the Site (“Merchants”) offer their goods for sale directly to other Users at prices and on any terms specified by the Merchants in their individual profiles and associated product listings.
    3. Every sale transaction concluded between a Merchant and other User of the Site using Foxsly’s eCommerce platform and all subsequent dealings arising out of such transaction remain strictly between the Merchant (as seller) and other User (as purchaser)
    4. Foxsly is not a party and is not privy to any sales transactions, agreements or contracts entered into or otherwise formed by Merchants and other Users who use or have used the Site. Foxsly provides its Site tools to facilitate interaction and communications between Merchants and other Users and provides an eCommerce platform for Merchants and other Users to conclude sales transactions between themselves. Accordingly, you (and your heirs, representatives, successors and assigns) have no recourse against Foxsly (including its officers, directors, agents, subsidiaries, joint venturers, affiliates, employees and subcontractors) and shall seek no recourse against us with respect to any issue, complaint, dispute, cause, claim, action, demand, suit, proceeding or any other contentious matter arising from a sales transaction initiated on or via the Site.
    5. Foxsly does not in any way engage in the sale and/or transfer of legal ownership of products offered by Merchants nor do we make any representations, warranties or guaranties (express or implied) that any actions required or obligations of Merchant or other User arising from any sale transaction facilitated by the Site can or will be performed or fulfilled.
    6. Foxsly has no information, knowledge of or control regarding the capacity, ability or willingness of Merchants to sell, ship and deliver or of other Users to pay for, receive and accept any products listed on the Site. We cannot guarantee that a Merchant and other User will ever complete a sale transaction entered into via the Site.
    7. Foxsly operates the Site independently of and at arm’s length from Merchants listing wares and that in each case the relationship between Foxsly and Merchant is that of independent contractor. Foxsly has no agency relationship (express or implied) nor a master-servant/employment relationship of any kind with Merchants.
    8. Foxsly makes no representations or warranties (express or implied) to anyone with respect to Merchants, profiles or wares or any Merchant related content whatsoever displayed on or accessible via the Site. We do not author or validate any such Merchant related information including Merchants’ profiles and the description of wares Merchants offer for sale. We do not verify the existence of nor do we physically inspect Merchants’ wares prior to or following their listing on the Site. Foxsly does not have possession of, control over, or any ownership interest whatsoever in Merchant wares displayed on the Site. Accordingly, we have no knowledge of or control over the ownership, title, quality, safety, standards compliance and testing, morality or legality of any aspect of wares listed by Merchants on the Site, or the truth or accuracy of such listings including associated pictures, descriptions, data (on the Site or made available via URLs or other links) or any other media representations of Merchants or listed wares.
    9. Foxsly cannot guarantee the true identity, age or nationality of a User. You may choose to communicate directly with other Users who are potential transaction partners through tools available on the Site from time to time or, if you deem appropriate, through a third-party escrow service or similar services that provide additional User verification.
    10. Users of the Site are solely responsible for their interactions with others. Foxsly does not supervise or control User-initiated online or offline communications, meetings or gatherings, or the interactions among and between Users and other third parties. You will exercise caution, common sense and good judgment in all interactions with others, particularly if meeting offline or in person.
    11. Foxsly is not responsible or liable for any content submitted, posted (by you or on your behalf) or displayed by you (or on your behalf) or by any third parties on the Site, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links (hereinafter collectively referred to as “Content”). We are not responsible if information including Content made available on the Site is not current or otherwise is inaccurate or incomplete.
    12. You use the Site and services offered by Foxsly at your own risk. You may find some information on the Site (including Content) to be offensive, harmful, inaccurate or deceptive. There are also risks of dealing with underage persons or people acting under false pretenses or in a fraudulent or other illegal manner. Further, there may be risks dealing with international trade and foreign nationals. By using Foxsly, you willingly accept such risks and also acknowledge and agree that Foxsly (including its officers, directors, agents, subsidiaries, joint venturers, affiliates, employees and subcontractors) is not responsible for and shall not be held liable for any acts, omissions, conduct or behaviour of any Users.
  3. General Conditions
    1. ​By agreeing to these Terms of Use, you represent and warrant that you are at least the age of majority in your country, state, province or territory of residence and that you can form legally binding contracts under applicable law. You also represent and warrant that any registration or other information you submit for purposes of accessing and using the Site in any manner is accurate and truthful. You will keep said information updated and you will take all necessary steps to correct any errors or omissions in said information immediately upon your detection of same.
    2. ​Foxsly reserves the right to refuse to offer access to or use of the Site or any of Foxsly’s services to you or any person (natural or legal) at any time. Foxsly may take any steps available to it at law to prevent access or use of the Site in such cases.
    3. ​You will comply with all local laws regarding online conduct and acceptable conduct. In any event, your use of Foxsly and your Content shall not:
      1. ​be false, inaccurate or misleading in any way;​
      2. ​​be fraudulent or involve the sale of illegal, counterfeit or stolen items or products;​
      3. ​infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;​
      4. ​violate this Agreement, any Site policy, rule, procedure, or any applicable law, statute, ordinance or regulation;​
      5. ​be defamatory, libelous, threatening, harassing or intimidating;​
      6. ​​be obscene or contain child pornography;​
      7. ​contain or transmit code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;​
      8. ​host images not part of a listing;​
      9. ​modify, adapt or hack Foxsly or modify another website so as to falsely imply that it is associated with Foxsly;​
      10. ​link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement including associated Foxsly policy documents.​
    4. ​You acknowledge and, where applicable to your activities on or use of the Site, you shall abide by Foxsly’s policies as published on the Site. You will adhere to all other operating rules, policies and procedures that may be published from time to time on the Site each of which is incorporated herein by reference and each of which may be updated, replaced or otherwise changed by Foxsly from time to time without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Foxsly from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
    5. ​You will hold harmless, defend and indemnify Foxsly (and its officers, directors, agents, subsidiaries, joint venturers, affiliates, employees and subcontractors) with respect to any actions, claims, demands, suits, proceedings or other issues, disputes or contentious matters arising from your use of the Site including without limitation any obligation or requirement for you to collect, pay and/or remit (as the case may be) any tax2, duty or other government levy, charge or fee in connection with any sales transactions facilitated on the Site and to which you are or were a party.
    6. If you have a registered user account on the Site you must keep your account information up to date and accurate at all times. You may not transfer or sell your account and user ID to another party. You are fully responsible for all activity, liability and damage arising from your failure to maintain password confidentiality. You will notify Foxsly immediately of any unauthorized use of your password or any breach of security. Foxsly shall not be responsible or liable for any loss or damage arising from your failure to keep your password secure.
    7. ​You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site and associated services, use of Foxsly’s service, or access to our service or any contact on the Site through which our service is provided.
    8. You will not use the Site, its associated services or any of the products listed on or acquired via the Site for any illegal or unauthorized purpose nor may you use same to violate any laws in your jurisdiction, the laws of Canada or any of its provinces or territories.
    9. Foxsly is not responsible for the availability of outside websites or resources linked to (by hyperlink or other electronic means) or referenced on the Site. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Foxsly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access to, use of or reliance on any such content, goods or services available on or through any such websites or resources.
    10. Your breach or violation of any of these Terms of Use including the terms, conditions, policies, statements, rules, procedures and notices stated herein and otherwise incorporated into this Agreement by reference and/or available by hyperlink (all as updated or modified from time to time) will result in immediate termination of your privileges in using the Site and related services. With respect to Merchants, such breach or violation as referenced may also result (in Foxsly’s sole and absolute discretion) in immediate suspension and/or termination of your Merchant account including temporary removal or permanent deletion of your Merchant profile from the Site together with all associated product listings, data and other information.
  4. Pricing, Shipping and Service Modifications
    1. ​Unless otherwise indicated, all prices and amounts as displayed on the Site including those pertaining to Merchant wares, shipping charges and taxes are in Canadian currency.
    2. ​Pricing and availability of Merchant wares displayed on the Site are subject to change without notice.3
    3. ​Foxsly is not responsible for order processing, shipment or delivery of product purchased from Merchants via the Site. Merchants have physical possession and/or control of their listed products and are responsible for making all arrangements with respect to shipping and delivery of products they have sold to other Users. Merchants and other Users may communicate directly with each other through tools available on the Site or otherwise as agreed to confirm, among other things, availability of listed products and any special arrangements in relation to shipment of products purchased via the Site.
    4. ​The shipping fees calculated and charged in sales transactions facilitated via the Site may be estimates only, based upon, among other things, the delivery destination, a standard level of delivery as determined by individual Merchants or any premium delivery option you have chosen during the checkout process.4 Foxsly is not responsible for and will not be held liable as a result of any incorrect calculation of shipping or other delivery charges on the Site.
    5. ​We reserve the right to modify or discontinue the Foxsly service and the Site in its entirety or any part thereof at any time and without notice. Foxsly is not responsible for and will not be held liable for any damage or loss caused by or alleged to be caused by such modification or discontinuance of the Site or service.
    6. ​Foxsly shall not be liable to you or to any third party for any damage or loss caused by or alleged to be caused by any changes to product price or availability, Merchant listing errors of any kind or modifications to, suspension, discontinuance, cancellation or termination of the Foxsly service or Site or any part thereof.
  5. Your License to Foxsly
    1. ​​You grant Foxsly a license to enable us to use any Content you supply us so that our use thereof does not infringe on any rights you might have in such Content. You grant Foxsly a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to such Content. You permit Foxsly to store or re-format such Content on the Site and to adapt and modify that Content for display on the Site in any way Foxsly deems fit.
    2. ​With respect to Merchants’ Content, the foregoing non-exclusive right and license granted herein is hereby repeated and extended to permit (but does not obligate) Foxsly to use, adapt and modify that Content or parts thereof for other exploitation in furtherance to and consistent with Foxsly’s principal business objectives including without limitation in marketing initiatives such as press publications, website advertising, and posting to Foxsly’s blog, newsletter or other updates and various Foxsly social media accounts and forums such as Facebook, Twitter, Pinterest and Instagram.5
    3. ​By agreeing to post your Content on Foxsly, you also acknowledge it is possible for an outside website or third party to re-post that Content. In the event that occurs, you will hold Foxsly harmless with respect to any actions, claims, demands, suits, proceedings or other issues, disputes or contentious matters arising from any unauthorized uses of your Content. For Merchants choosing to display their own Foxsly-hosted image(s) on another website (including any social media applications or sites), the image(s) must provide a hyperlink back to the original listing page(s) on Foxsly.
  6. Foxsly’s Intellectual Property
    1. ​“Foxsly Online Market Venue” and variations of that name including “Foxsly”, “Foxsly Inc.”, “Foxsly Online”, and “Foxsly Online Market” together with all Foxsly graphics, logos, designs, page headers, icons, scripts and service names are trademarks or registered trademarks of Foxsly Inc. in Canada and/or other countries. Foxsly’s trademarks may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
  7. Additional Merchant Terms and Conditions
    1. ​To be eligible for participation as a Merchant on the Site, every artist, artisan, designer, maker or other person (natural or legal) must submit to Foxsly and maintain a complete and accurate application in the form Foxsly provides (“Merchant Application”). The Merchant Application shall include a copy and/or hyperlink to the Terms of Use and an applicant must acknowledge having read and agreed to the Terms of Use before a Merchant Application can be accepted by Foxsly. Any Foxsly approved Merchant is obligated and hereby agrees to notify Foxsly immediately in the event of any changes to information contained in the relevant Merchant Application and in the Merchant’s profile and product listings displayed on the Site.
    2. ​Merchant will notify Foxsly immediately when any product Merchant has listed for sale on the Site has been sold or otherwise becomes unavailable for purchase. Upon such notification, Foxsly is at liberty to mark the specific product(s) on the applicable Site pages (as well as Foxsly’ other social media accounts as applicable) as “sold”, “out of stock”, or “not available” (or some other similar notation).
    3. ​Foxsly will approve and determine the timing of postings to all Merchant profiles and product listings. Foxsly may edit or otherwise modify the content of such postings (in consultation with the relevant Merchant on substantive modifications) to ensure compliance with these Terms of Use, Foxsly’s policies, design layout and its operating principles generally. In the event of a dispute between Foxsly and Merchant in this regard, Foxsly’s decision is final and binding.
    4. ​Merchant wares listed on the Site will be subject to periodic review and may be removed from the Site by Foxsly if, in our sole discretion, we deem it appropriate. Specifically but without limiting the generality of the preceding sentence, if a product has been listed for one hundred and twenty (120) days without a sale, Foxsly may remove that product without consultation with Merchant. In these circumstances, Foxsly may permit Merchant to add another product to take the place of the product removed.​
    5. ​Merchants are responsible for monitoring all posted Content (including without limitation pictures and media) relating to their respective profiles and wares listed for sale on the Site. Merchants will advise Foxsly immediately with respect to any required updates (including but not limited to Merchant’s prices, descriptions, inventory supplies, shipping and returns policies) and correction of factual errors or omissions immediately upon detecting same.
    6. ​Each Merchant specifically represents and warrants to Foxsly that Merchant has all requisite rights, licenses and authority to list the wares and submit the Content which Merchant provides to Foxsly and further that the said listing of wares and submission to and any subsequent use or reproduction of the Content by Foxsly does not infringe on the Merchant’s rights or the rights of any third party. Each Merchant also represents and warrants that Merchant has the exclusive right to sell the wares Merchant lists on Foxsly and is not bound by a contractual or other legal obligation to any third party in respect of those wares. Merchants acknowledge that Foxsly is specifically relying on these representations and warranties when Foxsly publishes their profiles and/or lists their wares on the Site.​
    7. ​Notwithstanding that Foxsly approves an artist, artisan, designer, maker or other person for participation as a Merchant on the Site (by invitation or otherwise), Foxsly is under no obligation to publish, promote, display, advertise or communicate to third parties or the public any information about that person or that person’s wares via the Site or otherwise.
    8. ​Should a Merchant wish to withdraw from participation on the Site, Merchant shall give Foxsly sixty (60) days written notice (“Notice Period”) following which Foxsly will take reasonable steps to delete or otherwise remove that Merchant’s profile and visible product information from the Site. Foxsly or its designates may complete this removal and deletion process at any time within the Notice Period and Merchant agrees to provide all manner of assistance and authorizations (as reasonably requested by Foxsly or its designates) in the completion of this process.
    9. ​Unless otherwise specifically agreed between Merchant and Foxsly, a Merchant is not required to pay listing fees in relation to their respective product(s) approved for the Site.
    10. ​Merchant will pay Foxsly a commission6 on every sale transaction concluded between Merchant and another User using the eCommerce platform on the Site including any such sales occurring within the Notice Period applicable to a Merchant’s voluntary withdrawal from the Site. Merchant further acknowledges that all commissions payable to Foxsly (together with applicable tax on those commissions) shall be deducted immediately from the sale proceeds at the time a sales transaction is completed using the Site.
    11. ​Foxsly’s commission on a Merchant’s sale made using the Site is non-refundable notwithstanding any subsequent issues, disputes, dealings, refunds, exchanges, adjustments, or other arrangements or agreements between a Merchant and purchaser of that product.
    12. ​Merchant is responsible and assumes all liability for any PayPal or other third party payment processor fees, charges or expenses (including but not limited to all to PayPal chargebacks) related to or otherwise arising from any transaction involving the sale or delivery of the Merchant’s products.
    13. ​Merchant acknowledges it is imperative to respond in a timely manner to all direct communications from another User who is a prospective or actual purchaser. Merchant will undertake in a timely manner (and, in any event, within forty-eight (48) hours of order notification) all processing, filling and completion of orders made further to sales transactions facilitated via the Site including, where required, communication with the User (as purchaser) regarding shipping, delivery and other relevant particulars. If Merchant is unable to commence order related activities within that timeframe, Merchant will make best efforts to communicate with the purchaser directly, advise with respect to any anticipated delay and provide any revised shipping information.
  8. Miscellaneous
    1. ​We do not guarantee, represent or warrant that your use of the Site (including any associated service(s)) will be uninterrupted, timely, consistent, secure or error-free. We do not warrant that the results that may be obtained from your use of the Site will be accurate or reliable. From time to time we may remove or disable the Site (and/or associated service(s)) for indefinite periods of time and/or cancel or terminate the Site and related service(s) without notice to you. Your use of, or inability to use, the Site and related service(s) is at your sole risk. The Site and any service(s) provided through the Site are (except as expressly stated by us) ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, such as implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    2. ​In no case shall Foxsly, our officers, directors, agents, subsidiaries, joint venturers, affiliates, employees, contractors, subcontractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site and any associated service(s) or any products procured using same, or for any other claim related in any way to your use of the Site, service(s) or any such products, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, service(s), content or products posted, transmitted, or otherwise made available via the Site and any service(s), even if advised of their possibility. Because some jurisdictions may not allow the limitation of liability for consequential or incidental damages, in such circumstances where the laws of those jurisdictions may be applied, our liability will be limited to the maximum extent permitted by law.
    3. ​The headings used herein are included for convenience only and shall not be construed so as to limit or otherwise affect these Terms of Use.
    4. ​In the event any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
    5. ​Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
    6. ​You will indemnify, defend and hold Foxsly our officers, directors, agents, subsidiaries, joint venturers, affiliates, employees and subcontractors harmless from any claim, demand, action or other proceeding, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
    7. ​This Agreement shall be governed exclusively by and construed in accordance with the applicable laws of Canada and Nova Scotia. With respect to any legal proceedings pertaining to this Agreement and/or use of the Site (including but not limited to any service(s) provided or made available therein) including without limitation the adjudication of any conflicts of laws issues, Foxsly and you attorn and consent to the exclusive jurisdiction of the Supreme Court of Nova Scotia with venue for any such proceedings being at Halifax, Nova Scotia.
    8. ​Any legal proceedings based on alleged cause(s) of action pertaining to this Agreement and/or use of the Site (including but not limited to any service(s) provided or made available therein) must be commenced by the party alleging such cause(s) of action within one (1) year after the alleged cause(s) of action arose.
    9. ​Use of this Site is not authorized in any jurisdiction that does not give effect to all the provisions of the Agreement, including without limitation, this provision.
    10. ​Should you have a dispute with one or more Users, or an outside party, you release Foxsly (and its officers, directors, agents, subsidiaries, joint venturers, affiliates, employees and subcontractors) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
    11. ​Foxsly, for the benefit of Users, may try to help Users resolve any disputes amongst them. Foxsly does so in its sole discretion, and Foxsly has no obligation to resolve disputes or continue to assist in the resolution of disputes between Users or between Users and outside parties. To the extent that Foxsly attempts to resolve a dispute, Foxsly will do so in good faith and in accordance with Foxsly’s policies (where applicable). Foxsly will not make judgments regarding legal issues or claims.
    12. ​Foxsly’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    13. ​This Agreement and any policies or operating rules posted by us on the Site (together with, in the case of Merchants, their respective Merchant Application) constitutes as a whole the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to prior versions of these Terms of Use).
    14. ​When the context in which words are used in this Agreement indicates that such is the intent, words in the singular shall include the plural and in the masculine gender shall include the feminine and neutral, and vice-versa.
    15. ​Regardless of where the User resides or may be domiciled, or where the User’s browser is physically located, User’s utilization of the Site shall be interpreted as if to have occurred solely within the Province of Nova Scotia, Halifax Regional Municipality, and the Site shall be deemed to have been served from and the Foxsly service(s) performed solely and wholly within the Province of Nova Scotia, Halifax Regional Municipality, as if User had physically travelled there to obtain the service(s).
    16. ​Except for any legal proceedings pertaining to this Agreement and/or use of the Site (including but not limited to any service(s) provided or made available therein) where other legal rules on notice apply, all notices and communications hereunder from Foxsly to a User (including Merchants) shall be in writing and shall be deemed to have been duly given to a User if delivered personally to the User or delivered to the User by postage-prepaid registered or certified mail with return receipt requested or if transmitted by electronic mail at the address and/or email address provided by the User in the course of User’s dealings with Foxsly.
    17. ​Except for any legal proceedings pertaining to this Agreement and/or use of the Site (including but not limited to any service(s) provided or made available therein) where other legal rules on notice apply, all notices and communications hereunder from a User (including Merchants) to Foxsly shall be in writing and, unless another method for delivery of such notice or communication is otherwise agreed to by Foxsly and the User in writing (including transmission by electronic mail), shall be deemed to have been duly given to Foxsly if delivered to the following address by postage-prepaid registered or certified mail with return receipt requested: Foxsly Inc., 102 Ravenscraig Drive, Halifax, Nova Scotia, Canada B3P 0B6.
    18. ​This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
  1. Foxsly Online Market Venue is a business name registered by Foxsly Inc., a Nova Scotia limited company. Foxsly Inc.’s GST/HST registration number is 819415373RT0001.
  2. Users purchasing goods from Merchants are responsible for paying all applicable taxes on purchases from Merchants. Merchants are responsible for collection and remittance of all appropriate taxes. Buyers wishing to verify or obtain additional information regarding tax applicable to their purchase(s) should contact Merchant(s) directly via the Site tools.
  3. Although we endeavour to keep listing information current, we rely on the listing Merchants for all product related updates. Before completing payment for a purchase using the eCommerce platform on the Site, you may wish to verify availability and pricing with Merchants by contacting them via the Site tools.
  4. Actual shipping charges may vary depending on various factors including the nature and specifications of the item being shipped, remoteness of delivery destination, premium shipping and/or insurance and tracking options elected, and conditions or other charges levied by the carrier.
  5. For any off-Site usages, we will endeavour to identify your work as your own or provide a link back to the Site where the work can be found.
  6. Commission rates are as set forth in Foxsly’s Merchant Application document.

 

LAST UPDATED: May 26, 2014