Shopperplace

Disputes with SHOPPERPLACE

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of Canada, without regard to its conflict of laws rules, and the laws of the Canada. These laws will apply no matter where in the world you live, but if you live outside of Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration You and SHOPPERPLACE agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association (the “CAA”) under its Consumer Arbitration Rules (the "CAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and SHOPPERPLACE are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable CAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, SHOPPERPLACE will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
D. Forum. We’re based in Canada, so any legal action against SHOPPERPLACE related to our Services must be filed and take place in Canada. For all actions under the CAA Rules, the proceedings may be filed where your residence is, or in Canada, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and SHOPPERPLACE agree to submit to the personal jurisdiction of a state or federal court located in Canada.
E. Government Exception. If you are a government agent or entity in the Canada using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Canada.
F. Modifications. If we make any changes to this “Disputes with SHOPPERPLACE” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against SHOPPERPLACE prior to the date the changes became effective. SHOPPERPLACE will notify you of substantive changes to the “Disputes with SHOPPERPLACE” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send SHOPPERPLACE a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and SHOPPERPLACE in accordance with the provisions of this “Disputes with SHOPPERPLACE” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

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