- To access and use the Services, you must register for an Ollie account (“Account”). We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- If you are an individual, then you must be the older of: (a) 19 years, or (b) the age of majority in the jurisdiction where you reside and from which you use the Services.
- You confirm that you are receiving any Services provided by Ollie for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Ollie will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- Subject to section 2(2), the person signing up for the Services by opening an Account will be the contracting party (“Customer”) for the purposes of these Terms of Service, and is the person who is authorized to use the Account in connection with the Services. In these Terms of Service, “you” and means the Customer, unless the context otherwise requires.
- If you are signing up for the Services on behalf of your employer, your employer will be the Customer. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address, and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- You must ensure that all information associated with your Account is kept current, accurate and complete.
- When you open an Account, you must indicate whether you will be acting as a seller of products (a “Seller”), a buyer of products (a “Buyer”), or both.
- An Ollie Store can only be associated with one Customer, and that Customer must be a Seller. A Customer that is a Seller may have multiple Ollie Stores. “Store” means an online Ollie store associated with the Seller’s Account.
- You are responsible and liable for all acts, omissions and defaults arising from any use of your Account, regardless of whether the activities are undertaken by you, your personnel or an authorized or unauthorized third party. Except to the extent caused by our intentional breach of these Terms of Services, we are not responsible for any unauthorized access to or use of your Account. You will contact us immediately if you believe an unauthorized third party may be using your Account or if your Account password is lost or stolen.
- You can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Customer can set permissions and let other people work in the Account while determining the level of access by Staff Accounts to specific business information (for example, a Seller can limit Staff Account access to sales information on the reports page or prevent Staff Accounts from changing general store settings). The Customer is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Customer’s own acts, omissions or defaults.
- The Customer and the users under Staff Accounts are each referred to as an “Ollie User”.
- Technical support in respect of the Services is only provided to Ollie Users.
OLLIE ORDER SERVICES
- Ollie Order Services help Sellers manage orders for the sale of products to Buyers, and help Buyers manage orders for the purchase of products from Sellers. Ollie does not itself buy or sell any products. Ollie does not itself deliver products. Ollie does not take title to or control of any products. Ollie is not a party to any agreement that may be formed between a Seller and a Buyer (whether or not formed using the Ollie Order Services). Ollie is not responsible or liable for and does not guarantee any obligation of a Seller to a Buyer or any obligation of a Buyer to a Seller. Without limiting the generality of the foregoing, Ollie makes no guarantees regarding the availability, pricing, accuracy, quality or timely delivery of products that are ordered through the Ollie Order Services.
- Unless otherwise agreed between a Buyer and a Seller, all agreements for the purchase and sale of products between a Seller and a Buyer consist of (a) the terms specified in an order form generated by the Buyer or by the Seller using the Services and accepted by the other (the “Order Form”), and any other terms agreed to between the Seller and the Buyer in writing or otherwise applicable at law (“Additional Terms”). In the event of any inconsistency between a term of the Order Form and a term of the Additional Terms, the term in the Order Form will prevail, unless otherwise expressly provided in the Additional Terms. For greater certainty, Ollie is not a party to the Order Form or the Additional Terms, and Ollie is not responsible or liable for and does not guarantee any obligation of a Seller to a Buyer or any obligation of a Buyer to a Seller under the Order Form or the Additional Terms.
- ANY DISPUTES BETWEEN A BUYER AND A SELLER RELATING DIRECTLY OR INDIRECTLY TO ANY PURCHASE OR SALE OF PRODUCTS, OR ANY ATTEMPTED PURCHASE OR SALE OF PRODUCTS, MUST BE RESOLVED ENTIRELY BETWEEN THE BUYER AND THE SELLER, AND YOU HEREBY FULLY RELEASE US FROM ANY PRESENT OR FUTURE CLAIMS REGARDING ANY SUCH DISPUTES.
- If you are a Seller, then the provisions of this section 4 apply to you.
- It is your sole responsibility to ensure that you fulfill the terms of each order you accept or process through the Ollie Order Services.
- Orders that you accept or process through the Services are at your own risk. Ollie is not responsible or liable for any failure of a Buyer to complete the purchase and/or pay for the products on the terms set out in the order or any other agreement between you and the Buyer. Ollie has no responsibility or liability for any act or failure to act by a Buyer.
- In order to assist you to manage all of your orders, Ollie Order Services gives you the ability to create and maintain records about Buyers who have not yet registered for an Ollie Account. You represent and warrant that all information you provide about a Buyer is current, accurate and complete, and that you have all necessary authority from the Buyer to collect, use and disclose that information. If you provide credit card information for a Buyer, you confirm that you have the written authorization of the Buyer to use that credit card information for payment of orders for your products.
- Orders may be submitted to you by Buyers using the Ollie Order Services. In order to assist you to manage all of your orders, Ollie Order Services also give you the ability to create an order within Ollie Order Services on behalf of a Buyer. You agree that you will not create an order on behalf of a Buyer in Ollie Order Services unless the order completely and accurately reflects an order otherwise placed with you by the Buyer (such as, without limitation, by phone, text or email). You acknowledge that no order created by you is binding on a Buyer unless it completely and accurately reflects a binding order otherwise placed with you by the Buyer.
- Ollie Order Services gives you the ability to amend an order submitted by a Buyer or created by you. You agree that you will not amend an order without the prior approval of the Buyer to do so (such as, without limitation, by phone, text or email).
- Ollie Order Services gives Buyers the ability to use multiple credit card numbers as alternative payment methods. If you enter or amend an order, you will only use the specific credit card number that the Buyer has expressly authorized you to use for that order.
- It is your sole responsibility to determine the fees, taxes (including, but not limited to, any applicable liquor tax, LDB “mark-up”, federal duties, excise tax, provincial sales tax or products and services tax) and other charges (collectively, “Sales Taxes”) that you are obligated to collect and remit in respect of the sale of any products, to set out these Sales Taxes in the order, and to subsequently remit such Sales Taxes to the appropriate agency or authority.
- If you sell liquor, Ollie may prepopulate your Store with information from the B.C. Liquor Distribution Branch (“LDB”). Ollie takes no responsibility for the accuracy of that information. It is your responsibility to check the details of an order, including price, before accepting an order, or creating or amending an order using Ollie.
- You will use Ollie Order Services as your exclusive online provider of order processing services.
- If you are a Buyer, then the provisions of this section 5 apply to you.
- It is your sole responsibility to ensure that you fulfill the terms of each order you place or process through the Services.
- Orders that you place or process through the Services are at your own risk. Ollie is not responsible or liable for any failure of a Seller to complete the sale and/or deliver the products on the terms set out in any agreement between you and the Seller. Ollie has no responsibility or liability for any act or failure to act by a Seller.
- IF THERE ARE ANY UNAUTHORIZED CHARGES ON YOUR CREDIT CARD RELATING TO AN ORDER PLACED THROUGH THE SERVICES BY YOU OR BY A SELLER ON YOUR BEHALF, THEN (A) YOU WILL ADVISE US IMMEDIATELY AT SUPPORT@OLLIEORDER.COM (AND IN ANY EVENT WITHIN 24 HOURS), AND (B) YOUR EXCLUSIVE REMEDY IS AGAINST THE SELLER AND YOU HAVE NO REMEDY AGAINST OLLIE.
- You acknowledge that information made available through the Services does not constitute an offer, and no order is binding on a Seller until accepted by the Seller in its sole discretion, and may be subject to variations in pricing or stock, depending on the Seller’s current availability.
- Orders may be submitted by you to Sellers using the Ollie Order Services. In order to assist Sellers to manage all of their orders, Ollie Order Services also gives Sellers the ability to create an order within Ollie Order Services. These Terms of Service provide that the Seller will not create an order in Ollie Order Services unless the order completely and accurately reflects an order otherwise placed by you with the Seller (such as, without limitation, by phone, text or email), but you acknowledge that Ollie does not confirm that the order completely and accurately reflects an order otherwise placed by you with the Seller. You agree that, if a Seller creates an order that does not completely and accurately reflects an order otherwise placed by you with the Seller, then (a) you will advise us immediately at firstname.lastname@example.org (and in any event within 24 hours), and (b) your exclusive remedy is against the Seller and you have no remedy against Ollie.
- Ollie Order Services gives a Seller the ability to amend an order submitted by you or created by the Seller. These Terms of Service provide that the Seller will not amend an order without your prior approval (such as, without limitation, by phone, text or email), but you acknowledge that Ollie does not confirm that the Seller has your approval. You agree that, if a Seller amends an order without your approval, then (a) you will advise us immediately at email@example.com (and in any event within 24 hours), and (b) your exclusive remedy is against the Seller and you have no remedy against Ollie.
LIQUOR SALES AND PURCHASES
- If the products that you are selling or buying include liquor, then you must have one or more valid liquor licenses (each, a “License”) issued by the B.C. Liquor and Cannabis Regulation Branch (“LCRB”). You may only use one Account for each License, but you may have more than one License in the same Account.
- If any of your Licenses is at any time revoked, suspended or otherwise cancelled by the LCRB, you will notify us immediately at firstname.lastname@example.org of such revocation, suspension or cancellation and access to your Account and your ability to use the Services may be suspended or terminated, at our sole discretion.
- All purchases and sales of liquor are subject to (a) all applicable laws, (b) all applicable rules and regulations of the LCRB and the LDB in effect at the time of the purchase and sale, and (c) all applicable terms of any agreement between the Seller and the LDB and/or between the Buyer and the LDB.
- All deliveries of liquor must be made to the address of the licensed establishment of the Buyer.
OLLIE PAYMENT SERVICES
- If you are a Seller and if you are using Ollie Payment Services, then the provisions of this section 7 apply to you.
- We do not make any representation, warranty or guarantee about the time it will take for you to receive payment for any transaction.
- As part of the Account opening process, you opened a separate account with Stripe (“your Stripe Account”) and you agreed to the Stripe Connected Account Agreement and related obligations, as amended by Stripe from time to time (collectively “your Stripe Agreements”). You represent and warrant that all information you have provided or will provide to Stripe is accurate and complete. You hereby agree with us, and with Stripe, that you will perform all of your obligations under your Stripe Agreements. You agree not to use the Stripe Services in any manner that is fraudulent, unlawful, deceptive or abusive.
- You understand and agree that you are responsible and liable to Stripe for all activity on your Stripe Account, whether initiated by you or not (including all transactions, disputes, refunds, reversals, claims, fines associated with such activity, and use of the Services in a manner prohibited under these Terms of Service or your Stripe Agreements).
- YOU WILL INDEMNIFY AND HOLD OLLIE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS BY STRIPE OR ANY THIRD PARTY (AND ANY RELATED COSTS, INCLUDING LEGAL FEES) ARISING DIRECTLY OR INDIRECTLY OUT OF ANY ACTIVITY ON YOUR STRIPE ACCOUNT, WHETHER INITIATED BY YOU OR NOT (INCLUDING ALL TRANSACTIONS, DISPUTES, REFUNDS, REVERSALS, CLAIMS, FINES ASSOCIATED WITH SUCH ACTIVITY, AND USE OF THE SERVICES IN A MANNER PROHIBITED UNDER THESE TERMS OF SERVICE OR YOUR STRIPE AGREEMENTS), AND WITHOUT LIMITATION INCLUDING (A) ANY FAILURE BY YOU TO PAY ANY AMOUNT OWNING BY YOU TO STRIPE IN ANY WAY RELATED TO YOUR STRIPE ACCOUNT, OR (B) ANY CLAIM MADE AGAINST US BY STRIPE AS A RESULT OF ANY INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY YOU TO STRIPE (OR PROVIDED BY YOU TO US, AND WHICH WE PROVIDED TO STRIPE). If we make any payment to Stripe in relation to any such claim, then, without limiting any other remedies available to us, you authorize us to use any Authorized Payment Method (defined below) to collect that amount from you.
- From time to time, Ollie may change the service provider it uses to support the Ollie Payment Services, or Ollie may offer the option of using other service providers to support the Ollie Payment Services, or Ollie may elect to itself perform some or all of the services that were previously provided by the service provider. If Ollie does so, then, in order to continue to use the Ollie Payment Services, you may be required to agree to additional terms imposed by Ollie. If you do not wish to accept those terms, then you must cease using the Services.