Agreement to Arbitrate

By using our platform, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the platform, or the products purchased through the platform will be resolved through binding arbitration, rather than in court, except for matters that may be taken to small claims court.

Arbitration Process

The arbitration will be conducted as follows:

2.1 Initiation

Notice of Dispute: If a dispute arises, you must first send a written notice describing the dispute to Bowmanville Farmers Market at info@bowmanvillefarmersmarket.ca or 56 Trudeau Drive, Bowmanville ON L1C4K3.

Request for Arbitration: If the dispute is not resolved within 30 days of receiving the notice, either party may initiate arbitration by filing a request with the ADR Institute of Canada (ADRIC) and providing a copy of the request to the other party.

2.2 Arbitrator Selection

The arbitration will be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the arbitrator will be appointed by ADRIC.

2.3 Location and Procedures

Location: The arbitration will take place in Bowmanville, Ontario, or another mutually agreed location.

Procedures: The arbitration will be conducted under the ADRIC Arbitration Rules, which will govern the proceedings. The arbitrator will have the authority to grant any remedy that would be available in court.

2.4 Fees

Filing Fees: Each party is responsible for their own filing fees, but the arbitrator may award filing fees to the prevailing party.

Attorney’s Fees: Each party will bear their own attorney’s fees and costs, unless the arbitrator decides otherwise.

No Class Actions

You agree to resolve disputes with Bowmanville Farmers Market on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law.

Exceptions

Small Claims: Either party may bring an individual action in small claims court.

Injunctive Relief: Either party may seek injunctive relief in a court of competent jurisdiction to prevent the misuse of intellectual property or other confidential or proprietary information.

Severability

If any part of this arbitration agreement is found to be unenforceable, the remaining provisions will remain in effect.

Governing Law

This arbitration agreement is governed by the laws of the Province of Ontario and applicable Canadian law.

Changes to Arbitration Agreement

Bowmanville Farmers Market reserves the right to update or modify this arbitration agreement at any time. Any changes will be posted on our website, and your continued use of the platform constitutes acceptance of the updated arbitration agreement.

Contact Information

For any questions regarding this arbitration agreement, please contact us at: Email: info@bowmanvillefarmersmarket.ca

Phone: 905-442-3532