1. There will be rules and guidelines involved in using the ReSource Exchange platform; by registering you agree to follow the rules.
2. Your login is meant to be used by you; letting others use your login is not allowed.
3. If you exhibit behavior contrary to the Guidelines and Standards of the ReSource Exchange platform detailed in the full terms and conditions below, we can limit or cancel your access.
4. The ReSource Exchange platform exists to accelerate the circular economy and the reuse of foods and other products that may otherwise go to waste. Listings should be for products that would typically be considered wastage, bi-products, co-products or end of life, along with equipment, products and services that support circular economic activities. Please don’t create listings for items that do not fall within this definition. We retain the right to remove any listings that do not align with these goals (e.g. spam). Repeatedly posting inappropriate listings could result in us canceling your account.
5. We need to measure how ReSource Exchange is helping to grow the circular economy by tracking activity on the platform. We may ask for information on whether a transaction has occurred - or that users self report here so we can understand material reuse scenarios. While we may report publicly on the types of transactions or exchanges happening on the platform, we will not disclose any details on the specific parties, sale price, or other potentially sensitive business information without authorization from the user.
6. You should only engage in buying or selling discussions on materials for which you have an intent and the rights to buy or sell.
7. In order to create new posts for materials you want to sell you will need to provide detailed information.
8. When you engage in conversations around a possible transaction you should try to respond quickly or we may give you a nudge.
9. We will do our best to make sure that the information participants load into the platform is accurate, but we can’t be responsible for the accuracy of such information or for the final quality or nature of the materials you might receive.
10. There may be a reason we need to add to or change these terms & conditions in the future and we will inform you when we do.
11. We and our suppliers/licensors developed this platform and own any and all parts of it. You own your materials and we will not modify the information about them in the platform without your permission.
o Profile information - We collect information from you when you register to use this site. This includes your email, mailing address, phone number and additional demographic information as provided by you on the registration form. As ReSource Exchange is intended as a business-to-business marketplace, collecting this information is required to ensure the integrity of interactions on the platform.
o Engagement information - We collect information about the content you create as part of your interactions with this website. These can include listings you post or reply to, questions or inquiries to other users, or feedbacks about completed transactions.
o Usage information - We collect information about your usage of the ReSource Exchange platform, such as pages visited, documents downloaded, etc. Similar to other websites, this information is automatically collected through cookies (small text files) or pixels (tiny graphics files). We also use Google Analytics, a third-party analytics provider to collect demographic and interest-level information and usage details from users that visit ReSource Exchange.
We collect the information listed above in order to analyze and interpret it to help meet our objectives and obligations; communicate information to you about potential sales/purchase opportunities through the site; and respond to enquiries and otherwise engage with stakeholders. We may share information we collect with Our Food Future collaborators for the purpose of understanding the circular economy opportunities or associated initiatives to help grow the circular economy.
ReSource Exchange is built on the U.S. Business Council for Sustainable Development’s Material Marketplace platform. The platform is hosted on Amazon Web Services cloud in Canada.
PLEASE REVIEW THESE TERMS CAREFULLY. BY CLICKING “I AGREE”, REGISTERING FOR AN ACCOUNTOR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICE, MAKE A PURCHASE THROUGH THE SERVICE, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.
NOTICE: ReSource Exchange is an online platform through which sellers may create a listing (“Listing”) of certain products or materials (each a “Material”) available for purchase through the Service. The Service is solely an information-sharing and facilitation platform. The Corporation of the City of Guelph is not a party to any agreements entered into between buyers and sellers, nor do we have any control over the accuracy of information presented through the Service or the quality of Materials purchased by buyers from sellers through the Service. The Corporation of the City of Guelph disclaims all liability in this regard to the maximum extent permitted by applicable law.
3. Account Registration; Access.
You may visit the Website without registering for an account (an “Account”), but you must register for an Account in order to use the Service to purchase and/or list Materials for sale. To create an Account, you must provide your name, email address, and password chosen by you. You must also provide your business name, phone number, billing address, billing phone, and other information. The password you provide is used to protect your Account. Choose a password carefully that only you have access to. If you create an Account, you must provide the Corporation of the City of Guelph with current, complete, and accurate information. Failure to maintain updated information may result in termination of your Account. You must keep your password confidential and not authorize any third party to use it or your Account. You agree that The Corporation of the City of Guelph may attribute all use of your Account to you and that you are responsible for all activities that occur under your Account. If you share your computer or device, you should sign out of your ReSource Exchange account before relinquishing control of your computer or device. You must notify the ReSource Exchange immediately if you suspect any unauthorized use of your Account or any other breach of security. Should your Account be inactive for six months, The Corporation of the City of Guelph reserves the right to close or suspend your Account. We will notify you of this closure via the email address used for Account registration.
4. Seller Terms.
a. Listings. As a registered user of the Service, you may create Listings. To create a Listing, you will be required to provide information about the Material you are selling, including Material name and the quantity of the Material available. By creating a Listing, you represent and warrant that you have the right and ability to sell the Material using the Service, and that the Listing is accurate, current, and complete and is not misleading or otherwise deceptive. Your Listings will be visible to other registered users. ReSource Exchange is intended to facilitate the reuse, revalorization and upcycling of products, wastage or biproducts that may have otherwise been wasted – as well as supporting goods, equipment and services that support circular business practices. We retain the right to delete any listings that do not align with these objectives. If we delete a listing we will let the poster know why it was removed. Repeatedly listing products/services that do not align with the objectives of the ReSource Exchange may result in your account being deactivated. You may list any Material on the Service other than controlled substances unless otherwise prohibited by law. Notwithstanding the foregoing, you may not list any item or link or post any related material that (a) infringes or misappropriates any third party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent.
b. Pricing; Transactions. By creating a Listing, you are obligated to sell the Material in your Listing at the listed price to buyers who place an order and in accordance with the terms as agreed to between you and the buyer, including method of payment, product condition, logistics, etc.. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
c. Transaction Taxes. You agree that it is your responsibility to determine whether Transaction Taxes apply to a transaction, and that it is your obligation to properly collect, report, and remit to the appropriate tax authority all applicable Transaction Taxes ; provided, however, that you may accept documentation from a buyer claiming an exemption or exclusion from, or reduction of, Transaction Taxes as set forth in Section 5(c), below. “Transaction Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer, or sale of Materials by you on or through the Service, or otherwise in connection with any action, inaction, or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives.
5. Buyer Terms.
a. Purchase; Payments. The ReSource Exchange does not directly facilitate payments. Payment terms are to be determined between the buyer and seller, including the payment method and timing.
b. Cancellations and Refunds. The City of Guelph makes no representations and warranties and does not guarantee or endorse any Materials sold or Listings posted on the ReSource Exchange and is not a party to any transaction facilitated by the platform. Any order cancelations or refund requests must be determined directly between the buyer and seller.
c. Transaction Taxes. In connection with any transaction, you agree to pay all applicable Transaction Taxes as calculated by the seller; provided, however, that you may claim an exemption or exclusion from, or reduction of, Transaction Taxes with respect to a transaction by providing to the seller all documentation required to claim such exemption, exclusion, or reduction, including any applicable exemption or resale certificate.
6. Transaction Risks; Safety and Quality.
The Service allows you to sell Materials to and purchase Materials from third party sellers. The Corporation of the City of Guelph does not assess the legitimacy or creditworthiness of third party purchasers or sellers, or the quality of the Materials sold by third party sellers through the Service. We have no control over the actions of any registered user. As a result, there are risks to your use of the Service, including transaction risks such as the risk of non-payment by third party purchasers and those related to the quality or integrity of the Materials sold by third party sellers. In all cases you agree to assume all risks, and The Corporation of the City of Guelph disclaims all liability arising out of your use of the Service to the maximum extent permitted by applicable law.
You are granted a limited, revocable, non-exclusive and non-transferable right to create a hyperlink to the Website, so long as the link does not portray The Corporation of the City of Guelph, or any of its affiliates, officials, employees, agents, representatives, programs, including the Website and any Content (defined in Section 10 below), in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.
8. Limitations of Use
Unauthorized use of the Service and/or Content may violate applicable copyright, trademark or other intellectual property laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the Content on the Website. The use of any Content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Website or the Content, any derivative use of the Website or its Content; or any downloading or copying of information from the Website for the benefit of another person. You may not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Website, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data, without our express consent.
In addition to any other rights or remedies available to us, and without any liability whatsoever, we may, in our sole discretion, at any time and without notice, suspend, terminate or restrict user access to all or any component of the Website.
9. Username and Password
The Website or certain portions of it may be accessed by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them.
All login names and passwords remain our property and may be cancelled or suspended at any time by us without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify us of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
10. Ownership and Intellectual Property Rights
All Content and its compilation are protected by Canadian and international copyright and trademark laws. Unauthorized use of Content may violate copyright, trademark, and other laws. You agree that the Content may not be used, copied, reproduced, altered, distributed, republished, displayed, posted or transmitted by you in any form or by any means without our express prior written consent, which may be withheld in our absolute discretion. You acknowledge that the Content is and shall remain our property and the property of our licensors. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
You may provide comments or feedback about your use of the Service (“Feedback”) to us at email@example.com . You acknowledge and agree that all Feedback will be the property of The Corporation of the City of Guelph and that we are free to use, disclose, reproduce, license, distribute, and otherwise exploit the Feedback without any obligations or restrictions of any kind (including payment obligations). We may periodically collect, process, and use technical, usage, and related information about your use of the Service to improve the performance of the Service.
12. User Content and Content Standards
The Website contains content added, created, uploaded, submitted, distributed or posted to or through the Website, or to us in connection with the Website, by users (“User Content”), and also may contain bulletin and message boards, chat areas, private/direct message functions, news and events postings, personal or group web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit User Content on or through the Website.
User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you complies with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk. We do not control or endorse any User Content.
All User Content must be lawful, not “spam”, and clear of virus or other malware. Without limiting the foregoing, User Content must comply with the City of Guelph’s social media principles and guidelines found here and the Community Guidelines and Content Moderation Policy found here and the following minimum standards (collectively, the “Guidelines and Standards”):
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
- Not be likely to deceive any person;
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization; and
- Not give the impression that the user acts as an agent or representative of, or the content otherwise emanates from us or any other person or entity, if this is not the case.
13. Intellectual Property Rights to User Content.
14. Links to Third-Party Sites and Software
15. Support and Updates.
16. Service Availability.
You may use the Service if and when it is available. We do not guarantee availability of the Service and there may be interruptions for scheduled maintenance or upgrades, repairs, or equipment failures. Certain Service features may be a pre-release version and may not work correctly or in the way a final version might work. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict or block access to, or stop providing any or all part of the Service at any time.
17. Limitation of Liability and Disclaimer
We expressly disclaim all representations or warranties of any kind, express or implied, regarding the Service, the Website and/or Contents, all of which are provided on an "as is" and “as available” basis. We do not warrant the accuracy, completeness, currency, reliability or suitability of the Service or any Content or data, and any other products or services offered on or through the Service, including without limitation, any implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage of trade. This disclaimer applies to the maximum extent permitted by applicable law in jurisdictions that limit the exclusion of implied warranties.
ALL CONTENT, MATERIALS, AND PRODUCTS YOU OBTAIN THROUGH THE SERVICE ARE PURCHASED AND ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
To the maximum extent permitted by applicable law, under no circumstances will The Corporation of the City of Guelph or any of our affiliates, officials, officers, employees and authorized representatives be liable for any loss, claim, or damages of any kind, including without limitation, general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, economic loss, lost profits, lost savings, business interruption or damages relating to data) of any kind whether in an action in contract, tort, negligence or any other legal theory, arising out of or relating in any way to the function, use or inability to use by any party any of the Service, the Website, Content or any third-party site to which the Website is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, computer hacking, even if we or any of our representatives, are advised of the possibility of such damages, losses, or expenses. We are not liable for any defamatory, offensive or illegal conduct of any user. Your sole and exclusive remedy is to stop using the Service. If the foregoing limitation is found to be invalid, you agree that our total liability of for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
20. Changes to these Terms.
21. Miscellaneous Terms
22. Questions and Comments
We welcome any questions and comments at firstname.lastname@example.org or through the Contact Our Team widget on this page.