Aurora Cart Vendor Terms of Use & Privacy Compliance Agreement
Effective Date: [Insert Date]
This Agreement (“Agreement”) is entered into between Aurora Cart Inc., a Canadian business incorporated and operating under the laws of the Province of Ontario (“Aurora Cart”, “we”, “us”, or “our”), and the undersigned Vendor (“Vendor”, “you”, or “your”) who wishes to sell goods or services through Aurora Cart’s online business-to-consumer platform (the “Platform”).
By signing this Agreement, Vendor acknowledges and agrees to comply with the terms outlined herein, which include general operational obligations and privacy law compliance, and to be legally bound as a condition of access to the Platform.
1. DEFINITIONS
- “Vendor”: Any business entity that lists products for sale on the Aurora Cart Platform.
- “Platform”: The Aurora Cart website, mobile application, and related services.
- “Customer”: Any individual who purchases products through the Platform.
- “Products”: Goods or services listed by Vendor for sale through the Platform.
2. ELIGIBILITY & REGISTRATION
2.1. Business Legitimacy: Vendor must be a legally registered business authorized to operate and sell goods in Canada.
2.2. Accurate Information: Vendor agrees to provide accurate and complete business, tax, and contact information and to update this as needed.
2.3. Approval Rights: Aurora Cart reserves the right to accept or deny any Vendor application at its sole discretion.
3. RELATIONSHIP OF THE PARTIES
3.1. Independent Contractor: This Agreement does not create a partnership, joint venture, agency, or employment relationship.
3.2. No Authority: Vendor may not make representations or commitments on behalf of Aurora Cart.
4. VENDOR RESPONSIBILITIES
4.1. Product Listings: Vendor is solely responsible for product descriptions, pricing, inventory, and applicable taxes.
4.2. Order Fulfillment: Vendor will handle all aspects of shipping, customer service, returns, and delivery of its products.
4.3. Compliance: Vendor shall comply with all applicable laws and regulations including consumer protection, labeling, health and safety, and tax obligations.
4.4. Taxes: Vendor is responsible for collecting, reporting, and remitting all required taxes.
5. FEES AND PAYMENTS
5.1. Commission and Fees: Vendor agrees to pay platform usage fees and commissions as per Aurora Cart’s pricing model, subject to change with notice.
5.2. Payouts: Aurora Cart will remit Vendor payments for completed sales, minus applicable fees, on a regular schedule.
5.3. Withholding Rights: Aurora Cart may withhold payments in cases of refunds, chargebacks, or policy violations.
6. INTELLECTUAL PROPERTY
6.1. Vendor Content: Vendor grants Aurora Cart a license to use business names, logos, and product media for listing and promotion on the Platform.
6.2. Platform IP: All proprietary content and systems used by Aurora Cart remain its exclusive intellectual property.
7. PRIVACY LAW COMPLIANCE (PIPEDA & THE PRIVACY ACT)
7.1. Aurora Cart’s Commitment
Aurora Cart complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Privacy Act (Canada) in the handling of all personal information on the Platform.
7.2. Vendor Obligations
Vendor agrees to:
- Handle all customer data in compliance with PIPEDA and any applicable provincial privacy laws;
- Collect, use, and disclose personal information only with proper consent;
- Protect customer information using reasonable security safeguards;
- Retain data only as long as necessary and securely dispose of it thereafter;
- Disclose any cross-border data transfers and ensure compliant privacy standards.
7.3. Independent Data Controller
Vendor acknowledges that it is an independent data controller for customer information it accesses through the Platform and is solely responsible for compliance with privacy obligations.
8. LIMITATION OF LIABILITY
8.1. Aurora Cart Not Liable
Vendor agrees that Aurora Cart and all of its directors, officers, employees, agents, and representatives are not liable for:
- Any legal proceedings, damages, or losses arising from Vendor’s business activities;
- Any misuse or mishandling of personal or customer data by Vendor;
- Any privacy breaches, security incidents, or regulatory violations caused by Vendor.
8.2. Indemnification
Vendor agrees to fully indemnify, defend, and hold harmless Aurora Cart from any and all claims, liabilities, legal actions, damages, losses, or expenses arising out of:
- Vendor’s breach of this Agreement;
- Vendor’s non-compliance with PIPEDA or the Privacy Act;
- Customer disputes, privacy complaints, or product liability claims.
9. TERMINATION
9.1. Voluntary Termination: Either party may terminate this Agreement with 14 days’ written notice.
9.2. Immediate Termination: Aurora Cart may immediately terminate this Agreement for policy breaches, illegal activity, or reputational harm.
9.3. Survival: Obligations regarding indemnity, privacy, liability, and dispute resolution survive termination.
10. DISPUTE RESOLUTION
10.1. Governing Law: This Agreement shall be governed by the laws of Ontario and Canada.
10.2. Jurisdiction: Any disputes shall be heard in the courts of Ontario.
10.3. Mediation Requirement: Parties agree to attempt good-faith mediation before initiating litigation.
11. GENERAL TERMS
11.1. Entire Agreement: This document constitutes the full agreement between the parties.
11.2. Modifications: Aurora Cart may amend this Agreement with 30 days’ written notice. Continued Platform use constitutes acceptance.
11.3. Assignment: Vendor may not assign this Agreement without written approval. Aurora Cart may assign it freely.
11.4. Severability: If any part of this Agreement is invalid, the remaining terms will remain in full effect.
11.5. Notices: Official communications shall be made by email to the parties’ designated addresses.
12. SIGNATURES
By signing below, both parties agree to the full terms and conditions of this Agreement, including all privacy and compliance provisions.
Aurora Cart Inc.
Authorized Representative: ___________________________
Name: ___________________________________________
Title: ____________________________________________
Date: ____________________________________________
Vendor (Business Entity):
Legal Business Name: ______________________________
Authorized Representative: ___________________________
Title: ____________________________________________
Signature: _________________________________________
Date: ____________________________________________