Terms and Conditions


BUSINESS DIRECTORY & MEMBERSHIP

The following are the terms of the one-year Membership offered by The MarketSquare Ltd.  By accepting the terms of the Agreement and/or using the service, you are stating that you agree to be bound by all the terms without modification, conditions, or notices.

FEES AND SERVICES: You agree to a monthly Membership Fee and acknowledge that membership is offered on a pre-paid and non-refundable contract basis. Specifically, the Service includes:-

  • A full page Business Profile, wherein you will upload your logo, your website address, your Facebook page address, your phone number and any text you wish to enter describing your business and services.   
  • A section within your Business Profile where you will upload testimonials from your customers

The Service does not include advertising on The MarketSquare Ltd.’s print advertising. The Fee for Service may increase without prior notice, but will not impact yearly memberships already purchased.

BUSINESS, ADVERTISING AND COPYRIGHT PERMISSION: You agree that your business/organization meets all statutory requirements for operating. Furthermore, you agree to let MarketSquare use your business/organization’s logo on its Local Business Directory page and potentially other places on its website. You agree that the logo, write-up and product photos you post on The MarketSquare Ltd.’s website are yours and/or that you have corporate approval to use them and you have not infringed on any copyright laws, and furthermore that they are family friendly and appropriate for all age groups.  

MEMBER RESPONSIBILITIES: You agree to provide The MarketSquare Ltd. with current, complete and accurate information. You are solely responsible for any activities that occur in your business or on your website.  You agree that the posts you enter under Testimonials are legitimate.

INSURANCE:  You agree that your business is insured to cover the liability of your business operation either through a commercial plan or through your home insurance plan.

DISCLAIMER OR WARRANTIES: The MarketSquare Ltd.’s website is provided as is. The MarketSquare Ltd. and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither The MarketSquare Ltd. nor its contractors makes any warranty that the service or website will be error free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. The MarketSquare Ltd. does not guarantee that the Service will be operable at all times and could be down because of, but not limited to internet service provider outages, equipment failures, or scheduled maintenance. You understand that the use of The MarketSquare Ltd.’s website for your advertising purposes is at your own discretion and risk.

LIMITATION OF LIABILITY: In no event shall The MarketSquare Ltd. or its contractors of any tier be liable in contract, tort, strict liability, warranty or otherwise, for any indirect, special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of product/data, loss of anticipated profits or revenue, loss of use of the equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment systems or power. The MarketSquare Ltd.’s and its contractors’ total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the yearly membership fee you paid for The MarketSquare Ltd.’s advertising services.

INDEMNIFICATION: You agree to indemnify, hold harmless and defend The MarketSquare Ltd., its contractors, its licensors, and their respective directions, officers, employees and agents at your expense, including attorneys’ fees, arising from your advertising on The MarketSquare Ltd.’s website, including but not limited to your violation of this Agreement and any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right.

MODIFICATIONS AND TERMINATION: The MarketSquare Ltd. reserves the right to modify or replace any part of its website and/or links to your websites and/or to refuse membership at its sole discretion. The MarketSquare Ltd. may terminate the Service and/or website advertising at any time and for any reason without notice. If you wish to terminate this Agreement or your service, you may simply request The MarketSquare Ltd. to remove your business from the website. However, although this Agreement may terminate between The MarketSquare Ltd. and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.

MISCELLANEOUS: The MarketSquare Ltd. shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.

This Agreement represents the complete MEMBERSHIP AGREEMENT between you and The MarketSquare Ltd. and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by the laws of the Province of Alberta and the courts of the Province of Alberta shall have exclusive jurisdiction to determine all matters of dispute.


 

EVENT REGISTRATION

The following are the terms of the events offered by The MarketSquare Ltd.  By accepting the terms of the Agreement, you are stating that you agree to be bound by all the terms without modification, conditions, or notices.

EVENT BOOKING CANCELLATION BY VENDOR: Please note that all refunds or changes are administered a $50 per event administration fee. Refunds or changes to booking thirty days prior to an event are administered a fee equivalent to 50% of event fee. There are no refunds administered less than two weeks prior to events.

EVENT BOOKING CANCELLATION BY THE MARKETSQUARE LTD: You agree that if at the time of your registration there is already a vendor registered at the said event who is a representative of the same company as you, then The MarketSquare Ltd. will cancel your event booking and refund 100% of your registration fees. Similarly, if at the time of your booking it is deemed that there are too many vendors selling a product within the same category as your items, then The MarketSquare Ltd. will refund your fees.  And finally, if at the time of your booking it is deemed that your business is not a preferable match for the event, then The MarketSquare Ltd. will refund your fees.  Should any of these be the case, then The MarketSquare will contact you within 30 days of your registration date to advise you of your refund. Furthermore, you agree that outdoor events may present a variety of weather conditions, and the events will go on whether it rains or shines. Only in absolute extreme weather conditions would the event be cancelled, and in this case there would be no refund.

FEES AND SERVICES:  You agree to the said Event Fee and acknowledge that event bookings are pre-paid and non-refundable, and conditional to jury acceptance and ultimately availability.  The Service offers the rental of a table or booth area, depending on what is specified by you, and one 8 ft table for the specific market-style event(s) you book.  The Service also includes a business license for the date of the event for all registered participants of The MarketSquare Ltd. who need a business licence.  The MarketSquare Ltd. does not guarantee that the Service will be operable at all times or during any down time, including but not limited to accidents, inclement weather or equipment failures.

YOUR RESPONSIBILITIES:  Event set up will start one hour prior to the event, and clean-up will commence in the hour after the event.  Decoration of your table and suitable display methods will be your sole responsibility.  If you booked a table area, then you will not be able to bring any additional tables or display cases that cannot stand or sit on the table provided to you by MarketSquare.  If you booked a booth area, then you will be able to bring one additional table (not to exceed 8) and/or other display cases that can be positioned within your booth area.  You may choose to bring one or two chairs that can be tucked behind your table or within your booth area.

BUSINESS, ADVERTISING AND COPYRIGHT PERMISSION:  You agree that your business/organization meets all statutory requirements for operating.  Furthermore, you agree that The MarketSquare Ltd. may or may not use your business/organization's name, logo, and any photographs submitted along with your application for the purposes of advertising the event.  You agree that the the information you provide to MarketSquare about your business/organization is yours and you have not infringed on any copyright laws.    

PHOTOGRAPHY, VIDEO AND AUDIO RECORDING:  You agree to the photographing or recording of yourself, your business and/or your merchandise, and for The MarketSquare Ltd. to use these photographs and recordings at its sole discretion for the use of advertising, publicity, commercial or other business and/or educational purposes.

DISCLAIMER OR WARRANTIES:  The MarketSquare Ltd.'s organized events, website, flyers, posters and other advertising materials are provided as is.  The MarketSquare Ltd. and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.  Neither The MarketSquare Ltd. nor its contractors make any warranty that the service, event or website will be error free, or that access thereto will be continuous or uninterrupted.  You understand that the use of The MarketSquare Ltd.'s events and advertising is at your own discretion and risk.

INSURANCE:  You agree that your business is insured to cover the liability of your business operation either through a commercial plan or through your home insurance plan.

LIMITATION OF LIABILITY:  In no event shall The MarketSquare Ltd. or its contractors of any tier be liable in contract, tort, strict liability, warranty or otherwise, for any indirect, special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of product/data, loss of anticipated profits or revenue, loss of use of the equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment systems or power.  The MarketSquare Ltd.'s and its contractors' total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreeement shall not exce the yearly membership fee you paid for The MarketSquare Ltd.'s advertising services.

INDEMNIFICATION  You agree to indemnify, hold harmless and defend The MarketSquare Ltd., its contractors, its licensors, and their respective directions, officers, employees and agents at your expense, including attorneys fees, arising from your attending one of The MarketSquare Ltd's events, including but not limited to your violation of this Agreement and (a) any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right, or (b) bodily illness and injury, death, tangible property damage and theft.  

MODIFICATIONS AND TERMINATION:  The MarketSquare Ltd. reserves the right, at its sole discretion, to modify or change details of the events and/or its advertising of the events.  The MarketSquare Ltd. may terminate the Service at any time for any reason without notice.  If you wish to terminate an event booking, you may simply request The MarketSquare Ltd. to remove your business from the event.  The marketsquare Ltd. will not issue refund of your event fee if you choose to cancel your registration for any reason.  However, although the event booking may terminate between The MarketSquare Ltd. and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.

MISCELLANEOUS:  The MarketSquare Ltd. shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.  

This Agreement represents the complete EVENT REGISTRATION agreement between you and The MarketSquare Ltd. and supersedes all prior agreements and representations between the parties.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.  This Agreement shall be governed by the laws of the Province of Alberta and the Courts of the Province of Alberta shall have exclusive jurisdiction to determine all matters in dispute.