This User Agreement is effective upon acceptance for new users, and from January 01, 2020 for existing users. The previous amendment to this User Agreement was effective for all users on Feb 2, 2020
1. Introduction
2. About Orange Hill Traders
3. Using Orange Hill Traders
4. Policy Enforcement
5. Fees and Taxes
6. Listing Conditions
7. Purchase Conditions
8. International Buying and Selling; Translation
9. Content
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement
11. Holds
12. Authorization to Contact You; Recording Calls; Analyzing Message Content
13. Privacy of Others; Marketing
14. Additional Terms
15. Orange Hill Traders Money Back Guarantee
16. Disclaimer of Warranties; Limitation of Liability
17. Release
18. Indemnity
19. Legal Disputes
20. Notices
This User Agreement, the User Privacy Notice, the Mobile Application Terms of Use – Canada, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Orange Hill Traders offers you access to and use of our Services. You can find an overview of our policies here. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the terms of the User Agreement when accessing or using our Services.
The entity you are contracting with is Orange Hill Traders Inc.. The company registered in Canada, ; Orange Hill Traders Inc.. In this User Agreement, these entities are individually and collectively referred to as “Orange Hill Traders,” “we,” or “us.” Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability; and Legal Disputes provisions below).
2. About Orange Hill Traders
Orange Hill Traders is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Orange Hill Traders is not a traditional auctioneer. Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing 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, Orange Hill Traders has
no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Using Orange Hill Traders
In connection with using or accessing the Services you will not: •post, list or upload content or items in inappropriate categories or areas on our sites; •breach or circumvent any laws, regulations, third party rights or our systems, policies, or determinations of your account status; •use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications, or tools; •fail to pay for items purchased by you, unless you have a valid reason as set out in an Orange Hill Traders policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy); •fail to deliver items sold by you, unless you have a valid reason as set out in an Orange Hill Traders policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; •manipulate the price of any item or interfere with any other users’ listings; •post false, inaccurate, misleading, deceptive, defamatory, or libelous content; •take any action that may undermine the feedback or ratings systems (see our Feedback policies); •transfer your Orange Hill Traders account (including Feedback) and username to another party without our consent; •distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; •distribute viruses or any other technologies that may harm Orange Hill Traders or the interests or property of users; •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 Orange Hill Traders; •interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; •export or re-export any Orange Hill Traders applications or tools, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; •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 Orange Hill Traders. 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 Orange Hill Traders or someone else; •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; •commercialize any Orange Hill Traders application or any information or software associated with such application, except with the prior express permission of Orange Hill Traders; •harvest or otherwise collect information about users without their consent; or •circumvent any technical measures used to provide our Services. Sellers must meet Orange Hill Traders’s minimum performance standards. Failure to meet these standards may result in Orange Hill Traders charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account. If we believe you are abusing Orange Hill Traders 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. If we believe you are violating the policy on Offers to buy or sell outside of Orange Hill Traders, 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. 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 Orange Hill Traders, you may be liable to pay a final value fee applicable to that item, even if the item does not sell. We may cancel unconfirmed accounts or accounts that have been inactive for a period of three years or longer. Additionally, we reserve the right to modify or discontinue our Services, or refuse or terminate all or part of our Services to anyone for any reason at our discretion. If your account is: (1) inactive for a period of three years or longer; or (2) cancelled for any reason pursuant to the terms of this User Agreement, then any credit balance remaining on your account following such period of inactivity, or at the time of such cancellation, will be non-refundable, without notice to you.
4. Policy Enforcement
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
5. Fees and Taxes
The fees we charge for using our Services are 10% of the total amount of the transaction. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Orange Hill Traders Services, even if sales terms are finalized or payment is made outside of Orange Hill Traders. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Orange Hill Traders, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of Orange Hill Traders Services for the introduction to a buyer. Unless otherwise stated, all fees are quoted in Canadian Dollars. You must have a payment method on file when selling through Orange Hill Traders Services 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, retaining collection agencies and legal counsel, and for accounts over 60 days past due, request that deduct the amount owed from your account balance. In addition, you will be subject to late fees. Orange Hill Traders, 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. If you wish to dispute the information Orange Hill Traders reported to a credit bureauIf you wish to dispute the information a collection agency reported to a credit bureau regarding your Orange Hill Traders account, you must contact the collection agency directly. In any jurisdiction where Orange Hill Traders has an obligation to collect sales taxes on sales you make using Orange Hill Traders Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us. Seller fees don’t purchase exclusive rights to item exposure on Orange Hill Traders, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
6. Listing Conditions
When listing an item for sale on Orange Hill Traders Services, you agree to comply with Orange Hill Traders’s rules for listing and Selling practices policy and that: •You are responsible for the accuracy and content of the listing and item offered. •Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Orange Hill Traders can’t guarantee exact listing durations •Your fixed-price listings currently renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Effective July 1, 2019, your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Orange Hill Traders, in its sole discretion. •Content that violates any of Orange Hill Traders’s policies may be modified, obfuscated or deleted at Orange Hill Traders’s discretion. •We may revise product data associated with listings to supplement, remove, or correct information. •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: •buyer’s location, search query, browsing site, and history; •item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; •seller’s history, including listing practices, Detailed Seller Ratings, Orange Hill Traders policy compliance, Feedback, and defect rate; and •number of listings matching the buyer’s query. •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. •Some advanced listing upgrades will only be visible on certain Services. •Orange Hill Traders’s Duplicate listing policy may also affect whether your listing appears in search results. •Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results. •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. You agree that we may display the sales and performance history of your individual listings to other sellers.
7. Purchase Conditions
When buying an item on Orange Hill Traders Services, you agree to the rules for buyers and that: •You are responsible for reading the full item listing before making a bid or commitment to buy. •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 the winning bid (or your bid is otherwise accepted). •A bid or offer initiates a non-binding transaction representing a buyer’s serious expression of
interest in buying the seller’s item and does not create a formal contract between the buyer and the seller. •We do not transfer legal ownership of items from the seller to the buyer.
8. International Buying and Selling; Translation
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular 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 laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on an Orange Hill Traders site other than Orange Hill Traders.com, you are subject to the User Agreement of that other Orange Hill Traders site with respect to that particular purchase. You may list your items directly on one or more of Orange Hill Traders’s international sites. Additionally, you may direct us to display your listing on Orange Hill Traders sites other than the original Orange Hill Traders listing site, including where you choose to list items with an international shipping option (such as worldwide shipping or the Global Shipping Program); the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site’s policies and our International Selling Agreement. You may adjust your account settings within My Orange Hill Traders 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 Orange Hill Traders 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.
9. Content
When you provide content using the Services (directly or indirectly), you grant us a non exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) right to exercise any and 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 your Intellectual Property Rights in that content against Orange Hill Traders, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with the provision, expansion, and promotion of the Services. You represent and warrant that, 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. Orange Hill Traders takes no responsibility and assumes no liability for any content provided by you or any third party. We may offer product data (including product images, descriptions and specifications) that are provided by third parties (including Orange Hill Traders users). You may use that content solely in your Orange Hill Traders listings. Orange Hill Traders 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 (other than by including the data in your listings).
We try to offer reliable product data, but we cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Orange Hill Traders 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 data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. The name “Orange Hill Traders” and other Orange Hill Traders marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Orange Hill Traders in the U.S. and other countries. They may not be used without the express written prior permission of Orange Hill Traders.
10. Notice for Claims of Intellectual Property Violations and Copyright Infringement
We respond to notices of alleged copyright infringement under Canadian laws. Orange Hill Traders’s Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team through our VeRO program and we will investigate. Learn how to submit a notice to Orange Hill Traders.
11. Holds
To protect Orange Hill Traders from the risk of liability for your actions as a seller, Orange Hill Traders has at times recommended, and may continue to recommend, that 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 Orange Hill Traders Money Back Guarantee case. This may result in restricting funds in your account.
12. Authorization to Contact You; Recording Calls; Analyzing Message Content
Orange Hill Traders may contact you using autodialed or prerecorded 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) poll your opinions through 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. Orange Hill Traders may also contact you using autodialed or prerecorded 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 the User Privacy Notice. As described in our User Privacy Notice, Orange Hill Traders may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your My Orange Hill Traders. Orange Hill Traders may share your telephone numbers with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Orange Hill Traders to carry out the purposes identified above. Orange Hill Traders may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Orange Hill Traders or its agents for quality control and training purposes, or for its own protection. Orange Hill Traders’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 Orange Hill Traders’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Orange Hill Traders may store message contents, including to conduct this scanning and analysis.
13. Privacy of Others; Marketing
If Orange Hill Traders provides you with information about another user, you agree you will use the information only for the purposes 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 user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
14. Additional Terms Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Orange Hill Traders will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My Orange Hill Traders. You agree to comply with our returns policy. When an item is returned, to refund the buyer, you (as seller) authorize Orange Hill Traders to request that 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 an item that is not as described is the seller’s responsibility. You (as seller) authorize Orange Hill Traders to place the return shipping label cost on your invoice, subject to your automatic payment method on file when: •The seller is responsible for the cost of the return; •You fail to send your buyer a return shipping label; and/or •A transaction is cancelled, and to refund the buyer, you (as seller) authorize Orange Hill Traders to request that remove the refund amount (in same or other currency) from your account. See Cancelling a transaction for more details.
15. Orange Hill Traders Money Back Guarantee
Most Orange Hill Traders sales go smoothly, but if there’s a problem with a purchase, the Orange Hill Traders Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any Orange Hill Traders Money Back Guarantee case. If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or Orange Hill Traders under the Orange Hill Traders Money Back Guarantee, you authorize Orange Hill Traders to request that 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 Orange Hill Traders Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
16. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and
functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Orange Hill Traders’s applications may not occur in real time. Such functionality is subject to delays beyond Orange Hill Traders’s control. 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 particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, 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, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: •the content you provide (directly or indirectly) using the Services; •your use of or your inability to use our Services; •pricing, shipping, format, or other guidance provided by Orange Hill Traders; •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(s) or loss of data that results from the use of our Services; •the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; •a suspension or other action taken with respect to your account or breach of the Abusing Orange Hill Traders Section above; •the duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section above; or •your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, 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 Orange Hill Traders Money Back Guarantee up to the price the item sold for on Orange Hill Traders (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.
17. Release
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
18. Indemnity
Except as otherwise provided by applicable law, you will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and 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 Orange Hill Traders’s Services or your breach of any law or the rights of a third party.
19. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ORANGE HILL TRADERS HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Orange Hill Traders agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Orange Hill Traders (including any claim or dispute between you and a third-party agent of Orange Hill Traders) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Orange Hill Traders or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. •Law and Forum for Disputes if you do not reside in Quebec – This Agreement and any dispute or claim you have against Orange Hill Traders shall be governed in all respects by the laws of the Province of British Columbia and the federal laws 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 Vancouver, British Columbia for the resolution of and and all claims or disputes you may have against Orange Hill Traders. •Arbitration Option – 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$15,000, 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. •Improperly Filed Claims – All claims you bring against Orange Hill Traders 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, Orange Hill Traders may recover attorneys’ fees and costs up to CD$1500, provided that Orange Hill Traders has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
20. Notices
Except as explicitly stated otherwise, legal notices shall be served on Orange Hill Traders’s national registered agent. 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 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My Orange Hill Traders. In such case, notice shall be deemed given three days after the date of mailing.
21. General
We may amend this User Agreement at any time by posting the amended terms on www.orangehilltraders.com Our right to amend this User Agreement from time to time also includes the right to modify, add to, or remove policies or terms of our Services, which form part of and are incorporated into this User Agreement. If we make any of those changes, you will be notified through the Orange Hill Traders Message Centre and/or by email and, we will also provide you 30 days’ notice in advance of these changes taking effect, if required by law. Those changes take effect on the date specified in the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. At our discretion, we may also ask you to acknowledge your acceptance of this User Agreement through an electronic click through. If you do not agree to the amendments, you must stop using Orange Hill Traders and the Orange Hill Traders sites and terminate this User Agreement by closing your Orange Hill Traders account. Instructions to close your Orange Hill Traders account are listed on our Closing your account help page. British Columbia and Quebec residents only: Despite any other section that refers to our right to change this User Agreement, if you are a resident of either British Columbia or Quebec, we reserve the right to update and revise this User Agreement (including changing the scope, types and/or functionality of the Services, using or accessing the Services, eligibility for the Services, applicable fees for using our Services, Orange Hill Traders responsibilities or obligations under the User Agreement, your responsibilities under the User Agreement, account and payment terms, listing conditions, purchase conditions, international buying and selling terms, terms related to content on Orange Hill Traders, communications procedures with users, Orange Hill Traders policies and enforcement mechanisms, returns and cancellations terms, amending procedures, legal disputes terms, disclaimers, limits of liability, releases, indemnities and general legal terms) (collectively, “Changes”) up to three (3) times per year. If we make Changes to the User Agreement, in addition to posting the amended terms on www.orangehilltraders.com and notifying you through the Orange Hill Traders Message Centre and/or by email, we will also provide you thirty (30) days’ advance notice of such Changes in accordance with applicable law (“Notice”). Upon receiving the Notice, if you do not agree with the amendments, you must stop using Orange Hill Traders and the Orange Hill Traders sites and may refuse the Changes and terminate this User Agreement by closing your Orange Hill Traders account within the time specified in the Notice. Instructions to close your account are listed on our Closing your account help page or you may also contact Orange Hill Traders by phone by following the instructions listed on the customer support page to obtain assistance with cancelling your account. If you do not agree with the Changes, then notwithstanding any termination of this User Agreement, you agree that all outstanding amounts owing to us are immediately due and payable and that we have the right to bring suit and exercise all rights and remedies available under applicable law in respect of such outstanding amounts. If you do not close your Orange Hill Traders account within the time specified in the Notice, the Changes will take effect on the date indicated in the Notice. In that case, your continued access and use of our Services will be deemed to constitute your acceptance of the amended terms, which will apply to all access to and use of the Services thereafter and will become part of this User Agreement. At our discretion, we may also ask you to acknowledge your acceptance of this User Agreement through an electronic click-through. In addition, if you reside in Quebec and the amended terms entails an increase in your obligations or a reduction in Orange Hill Traders’s obligations, you may send us a notice thirty (30) days after the amended terms come into force to indicate your refusal of the amended terms and to request the termination of the User Agreement by closing your Orange Hill Traders account. Upon receipt of such notice, we will close your Orange Hill
Traders account without cost or penalty. Subject to the above and applicable law, this User Agreement may not otherwise be amended except through mutual agreement by you and an Orange Hill Traders representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Orange Hill Traders, and supersede all prior understandings and agreements of the parties. The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
Orange Hill Traders Inc.’s Customer Service Operations Centre is located in British Columbia. You may contact Orange Hill Traders via email by following the instructions listed on our customer support page. Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents afférents soient rédigés en langue anglaise.