Terms of Use & Privacy Policy

RECREO COMMERCE INC. WEBSITE TERMS OF USE

LAST UPDATED: 2020-04-14

  1. OVERVIEW

These Terms of Use form a legally binding contract between RECREO COMMERCE INC. ("RECREO","we","us" or “our”) and the people and companies (“Users”, "customers", or “you”) that access and use our website located at www.recreo.eco or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website.

It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.

  1. SERVICES AVAILABLE ON THE WEBSITE

Without restriction, we generally offer the following services through the Website:

Marketplace for conscious products where conscious products are defined as goods having a positive impact towards environmental, ecological and/or humanitarian causes.

The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

  1. PAYMENT PROCEDURES

Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website.

For purposes of processing payments, we use the following service provider:

STRIPE

Before using the Website, you must first review and approve the terms and conditions governing the use of these third-party payment processors, which are available at the following website(s): https://www.stripe.com

  1. REFUND, EXCHANGE AND SHIPPING POLICIES

    Our current policies on refunds, exchanges and responsibility for lost, broken or stolen products are posted on the Website under Shipping & Returns.

    5. YOUR ACCOUNT

    In order to fully use the Website, you may or may not be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers.

The terms governing the features and capabilities of your account and the related fees can be found on the Website.

  1. TERMINATION

You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.

If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

  1. LIMITATION OF LIABILITY

Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.

In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless RECREO COMMERCE INC., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.

  1. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.

You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.

We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

  1. WARRANTIES AND REPRESENTATIONS

We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.

  1. COMPLIANCE WITH LAWS

You represent and warrant that:

  • You have the authority to bind yourself to these Terms of Use;
  • Your use of the Website will be solely for purposes that are permitted by these Terms of Use;
  • Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
  • Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
  • You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.
  1. AGE RESTRICTIONS

Users under the age of 18 are only permitted to access and use the Website while under the direct supervision of a parent or guardian.
13.GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between RECREO COMMERCE INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or RECREO COMMERCE INC. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
14. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against RECREO COMMERCE INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against RECREO COMMERCE INC. otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
15. GENERAL TERMS

  • AMENDING THESE TERMS OF USE
  • These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.

  • ASSIGNMENT
  • We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.

    Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

  • NO WAIVER
  • No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.

  • NO AGENCY
  • The parties to these Terms of Use are independent contractors and are not partners or agents. RECREO COMMERCE INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.

  • SEVERABILITY
  • In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

  • ENTIRE AGREEMENT

    These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and RECREO COMMERCE INC. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.
    1. QUESTIONS ON THESE TERMS OF USE

    We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: support@recreo.eco

    1. ADDITIONAL TERMS

    The following additional terms and conditions apply to the use of the Website:

    Pricing Disclaimer: We aim to provide accuracy in all our prices, delivery rates, duty & tax collection. All our prices are in US dollars with currency conversion and ability to pay in your chosen currency available through Zonos. Availability of products, prices, exchange rates and delivery rates are subject to change. There may be errors in prices, descriptions or images of certain products, and we reserve the right to restrict orders of such items and correct any errors, inaccuracies, or omissions.

    Information stated: Some of the information stated on our website is obtained through our vendors and partners. If any of this information is found to be untrue, we will inquire with the relevant party to correct such information.

    1. CONFIRMATION OF AGREEMENT TO TERMS OF USE

    BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.

     

    RECREO COMMERCE INC. PRIVACY POLICY

    LAST UPDATED: 2020-04-14

    1. OVERVIEW

    At RECREO COMMERCE INC. (the “Company”, "RECREO", “we”, “us” or “our”), we use our website and other internet-based tools for the following purpose:

    Marketplace for conscious products where conscious products are defined as goods having a positive impact towards environmental, ecological and/or humanitarian causes.

    We are required to collect and retain information about the people and companies that access and use the website (“Users” or “you”). This Policy applies to our privacy practices on all communications between the Company and Users, including but not limited to communication via:

  • the Company website (including the website hosted at www.recreo.eco and any other web domain used by the Company to communicate with users now or in the future);
  • any mobile, computer, or tablet-based application currently offered by Company or developed in the future by the Company; and
  • all other services provided by the Company, as described on the Website (Items 1 to 3 are collectively referred to as the "Website").
  • This Privacy Policy (“Policy”) sets out how we use, protect, collect and preserve information submitted by Users, including User information gathered by our technology. This Policy should be read in conjunction with any Terms of Use or policies available on the Website.

    By accessing or submitting any information through the Website, you are agreeing to the terms of this Policy. You are prohibited from accessing or using the Website unless you fully understand and agree to this Policy and all Terms of Use available for review on the Website.

    If you have any questions about this Policy, please contact us by sending an email with your questions to support@recreo.eco before accessing or entering any information on the Website.

    1. INFORMATION ABOUT USERS WE COLLECT AND STORE

    When you access and use the Website, we will collect and retain all personal identifying information submitted to us.

    We will take steps to protect the information submitted to us by Users and we will not disclose any personal identifying information without the consent of Users, unless otherwise set out in this Policy.

    Personal identifying information may include but is not necessarily limited to:

    Full name, email address and other personal information to enhance user experience.

    We will not use personal identifying information to contact you for any reason unrelated to your use of the Website or for commercial reasons unrelated to the business of the Company. Except with your consent or where required by law, we will not provide personal identifying information to any third party.

    1. ADDITIONAL DATA COLLECTED

    To learn about your experience as a User and to make periodic improvements to the Website and our business, we may collect and retain certain information. We will automatically record information about your activity on the Website. This may include your Internet Protocol (IP) address, operating system, geolocation information, locale preferences, identification numbers associated with your computers and mobile devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata, and other electronic interactions with the Company and the Website.

    1. COOKIES

    To facilitate the collection of information and to enhance the experience of Users of the Website, we use cookies which may be stored on Users’ computers and/or devices so that we can recognize Users when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, changing such settings may result in you not being able to use the Website, either in its entirety or certain features.

    Using cookies, you may have the option to allow us to save your user ID and login password for future logins to the Website.

    Cookies that are stored on your computer and/or device after visiting the Website may be recognized for advertising purposes and to show you targeted advertisements after you visit the Website.

    For more information on the cookies we use or to opt-out, please contact us at support@recreo.eco.

    1. PERMITTED USES OF DATA

    We use data collected from the Website for various purposes, including to: provide the Website to you and accompanying customer support; notify you about updates and changes to the Website; prevent and address technical issues with the Website; monitor usage of the Website.

    Without restriction, we may use any information you submit through the Website for any purpose we deem appropriate so long as it is anonymous and stripped of any and all personal identifying information.

    We may use the data collected from the Website, devices, browsers, and any other sources, for its own purposes, both related to and unrelated to improving the Website.

    1. LEGAL BASIS FOR PROCESSING PERSONAL IDENTIFYING INFORMATION

    We may process your personal identifying information for a number of reasons, including: 

    • performing a contract with you relating to the Website;
    • you have provided us consent to do so;
    • fulfilling a legal obligation;
    • fulfilling our legitimate interests, which are not overridden by your rights;
    • for payment processing purposes.
    1. ACCESSING, CORRECTING & DELETING YOUR PERSONAL INFORMATION

    If you wish to access or amend your personal information or to request that we permanently delete your personal information from our servers, please send an email to support@recreo.eco. We will ensure your personal information is accessible, amended and/or deleted in a reasonable time after receiving that request. Deleting such information may require us to terminate any account you may have created in its entirety and prevent you from using the Website.

    So long as your account remains active, we will preserve your personal information in accordance with the Policy.

    You may decline to share certain personal information with us, in which case you may not be able to use the Website, either in its entirety or certain features.

    When deleting your information, whether by request or due to inactivity, we will use standard electronic means to remove your personal information from our files.

    We will also retain any and all information that we are required to retain under any applicable laws for the full duration of time required under those laws.

    1. KEEPING YOUR DATA SECURE

    We will store your information in electronic format on industry-standard servers that we have selected. Except where required to do so by law, we will not store your personal information in any physical or paper-based format.

    The servers we select to store information engage security software and generally accepted standards to protect personal information. The software used by these servers is intended to prevent unauthorized access or improper use.

    However, no security system is perfect and there is always a risk of unauthorized parties accessing your personal information. Therefore, we make no guarantees or representations as to the technical or legal compliance of the servers we use. We cannot guarantee the complete protection and security of your personal information.

    Our servers may be located outside of Canada, and thus are potentially subject to the privacy and security laws in force in other countries. If you have concerns about your personal information being stored electronically in foreign jurisdictions, please contact us before proceeding to use the Website.

    1. SECURITY BREACHES

    In the event the personal information of a User is disclosed as the result of any breach of security of the Website or its servers, regardless of who is at fault, we will take steps to advise all known affected Users within a reasonable timeframe of learning of the breach.

    1. THIRD-PARTY APPLICATIONS

    To provide an enhanced experience to Users, including to track conversions and analytics, we may engage services and features controlled by third-parties. We cannot control or dictate how any third-party application you use in conjunction with the Website, now or at any point in the future, will treat any personal information you transmit through their servers when using the Website. We advise you to contact these parties directly to review their privacy policies.

    Without limitation, the Company uses or may use the following third-party applications and services in conjunction with the Website:

    Zonos, GreenStory, Google Analytics, Instagram

    By using any of these third-party applications to interact with the Website, we will not be given access to your login credentials, user name, password, payment information, or any information you may provide directly to these applications.

    1. USE OF WEBSITE BY MINORS

    The Website is not intended to be accessed by persons under the age of 18. The Company does not engage in any marketing efforts aimed at children or minors.

    Persons under the age of 18 are prohibited from using the Website without the express permission and direct supervision of a parent or guardian. Minors are prohibited from submitting any personal identifying information through the Website. The Company will immediately delete any personal identifying information submitted in violation of this Policy.

    1. DISCLOSURE OF PERSONAL INFORMATION

    In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

    We may disclose your personal information to third parties:

    1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
    2. If the Company or its assets are acquired by a third party, in which case personal data about Users may be one of the transferred assets.
    3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use; or to protect the rights, property, or safety of the Company, our Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
    1. AMENDING THIS POLICY

    This Policy may be updated and amended from time to time. We reserve the right to change this Policy at any time, and any amended Policy is effective upon posting to the Website. We will make efforts to communicate any changes to this Policy we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed acceptance of any amended Policy.

    1. CONTACT US

    We encourage you to send us questions and inquiries on this Policy and the steps we take to keep your personal information secure. Please send us an email: support@recreo.eco

    We will respond to all inquiries on the Policy within 14 days.