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Site and Purchase Terms & Conditions
The following describes the terms on which you have access to our auctions and the rules of participation.
Welcome to the PropertyBids.ca By using this services you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Sites.
This Agreement is effective on March 1, 2016, for current users, and upon acceptance for new users.
Using the Online Auction ('Sites')
While using the auction sites, you will not:
violate any laws, third party rights, or our policies
use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
fail to deliver payment for items purchased by you
manipulate the price of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information) ;
transfer your user account and User ID to another party without our consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Online Auction, or the interests or property of the Online Auction or its' users;
copy, modify, or distribute content from the the Online Auction or violate copyrights and trademarks;
harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing the Online Auction.
PropertyBids.ca (“Client”) and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
PropertyBids.ca and its auction provider, works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please contact us and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services
Joining the Online Auction Site and registering is free. Bidding on listed items is free. We do however capture your credit card information to verify your account. We also securely store your credit card information (PCI COMPLIANT) to verify your bidding activity. Your credit card may only be charged in the event where you have placed the highest winning bid on an auction item. When you place a bid or make a purchase or use a service that has a fee you have an opportunity to review and accept the fees and charges that you will be charged, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
Unless otherwise stated, all fees are quoted in Canadian Dollars (CAD). You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 30 days past due, deducting the amount owed from your account balance or charging your credit card on file).
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You will not hold the PropertyBid responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of 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.
We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. 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 paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $1.00.
If you have a dispute with one or more users, you release PropertBids.ca and our officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of PropertyBid and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;
or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and PropertyBids.ca our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Province of Ontario as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PropertyBid must be resolved by a court located in Toronto, Canada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Toronto, Canada for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against PropertyBid 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, PropertyBid may recover attorneys' fees and costs up to $10,000USD, provided that PropertyBid has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
The Following Terms and Conditions govern your bidding, purchases and use of the site.
Eligible bidder must be age of legal majority in the country from which they are bidding.
This auction is being conducted on behalf of and at the direction of other parties. All parties involved are not responsible or liable for any errors, omissions or for any warranties or guarantees or for the fitness of use of a particular item either explicit or implied herein.
Your bid is a binding legal agreement that you will honor if you are the successful winning bidder. The winning bid includes any buyers premium or 'Fee's' as stated on the auction.
All bids are legally binding and enforced. Even if you are not the high bidder at the end of the auction your bid is still considered to be a legally binding purchase agreement at the highest registered bid amount placed by your account on the Site. In the rare event where the winning bidder defaults on payment, the second highest bidder will become legally bound to complete the transaction at their highest registered bid amount and will be notified within five 25 hours after the close of the auction to complete the transaction. Placing a bid and being outbid does not release you from your obligation or liability to complete the sale of this item. In the event where you are provided a second chance offer, whether you accept it or not you will be required to complete the transaction only at the highest bid amount placed by you. This applies to all subsequent bidders thereafter. In no way does this remove any liability from the highest bidder. The seller will pursue compensation for any loss or damages as a result of any bidding activity deemed to be fraudulent in nature or that causes damage(s) and harm to the auction to the fullest extent as permissible by law. Please note that actions such as, but not limited to; placing a high bid in error to uncover a reserve price, retracting a bid at any point during the auction, retracting a bid in the last 24 hours of the auction, placing a bid and retracting it in error without placing a follow-up bid, failing to pay for the item within the time specified, non payment of an auction item or any other type of activity that may disrupted or cause harm to the auction process will create a situation where the auction can not run properly and will cause great harm and damage to the auction process. This will cause the Site, Clients and Auction Provider to incur significant costs, losses, damages and expenses. The minimum cost the Auction Provider will incur from such actions is at least $14,000.00 CAD ('Stated Costs'). This cost represents the sellers marketing and expenses. Your actions may bring additional costs and or damages against the Seller which we will hold you liable for including but not limited to the cost of recovery, re-listing, re-marketing and or legal fees.
In the event where you place a bid you acknowledge and understand the you will be held liable for all costs and damages associated with cancelling a bid or non-payment and be liable to the Seller for the amount specified in Sec.8 for Stated Costs. The Seller may take additional legal action against you for fraudulent bidding activity to recover the entire final bid price in addition to cost associated with damages caused by fraudulent bidding which includes but is not limited to; administrative fees, legal fees and recovery costs. The Seller and the Auction Provider may provide all information to local authorities, credit bureaus and other reporting and collection agencies. The Seller and the Auction Provider and its partners reserve the right to seek remedies and damages to the fullest extent permitted by law against non paying bidders or any individual who compromises the integrity and good will of this auction event by placing fraudulent bids or any type of activity that may be viewed to be harmful and detrimental to the outcome of this auction.
The details listed on the auction pages are the final detail about the item you are purchasing. Our customer service team may assist with providing you answers or additional details about an auction item or package. This information is non binding and should not be relied upon. Any information provided through email or phone support is purely general information and no change to the auction item is implied. Customer service & management does not have the authorization to modify or change the terms and conditions of any auction item unless it is specified on the auction listing page and as such all items are sold 'as is' and 'where as'. All sales are final with no buy back or refunds.
Please note that shill bidding is neither allowed nor tolerated. This practice is illegal and carries legal consequences in many areas. Shill bidding is the deliberate placing of bids to artificially raise the price of an item and is not allowed. We track and monitor all bidding activity and you agree to allow us to use the information you have provided us and that we collect to persecute you for any action that is damaging to the Site, the auction or it's Seller or Auction Provider.
PropertyBid reserves the right to block a bidder or cancel any bid at any time for any reason including but not limited to, feedback, non-paying bidder status, bid retractions, recent bid history or other security reasns which in our own opinion we feel may be justified for removing or cancelling your big . Furthermore if in the Sellers sole discretion, it determines that for any reason the auction is not capable of running as originally planned or the integrity of the auction has been compromised for any reason, Seller may cancel the auction without notice and without any compensation to current or high bidders.
All items are sold on an 'as is' and 'where as' basis without any warranties, modifications, changes or refunds. This auction does not include any item or services that are not detailed in the auction page. PropertyBid will not be liable to any party or nonparty for any act or failure to act on its part in connection with its performance under this agreement. Where there is an error in the listing, communication of a winning bid or other action caused in error the maximum liability PropertyBid shall have to you is to refund you the monies paid upon return of the items if applicable.
The final outcome of the auction is determined by the PropertyBid . All bids placed are considered contractual obligations. Modifications such as additions or cancellations to the auction may be made at anytime and the Seller is not responsible for any changes or modifications. In the event of an error or technical 'glitch' our maximum liability to you as a bidder is to refund any monies that we have collect from you. You agree to fully indemnify and hold harmless all parties for any losses you incur as a result of a system glitch, notification error, or any other issue that may arise that may cause you to incur any form of loss or risk from your participation, purchase or actions with our Site. Please note that some auctions may have a bid extention feature and as such the end time may be adjusted in the final minutes of the auction to allow all bidders fair and equal access to the auction and to avoid bid snipping (placing a bid in the last section of the auction).
The contents and composition including layout, look and feel and coding on this page or any auction listing page, About Me Page, disclaimers, Frequently Asked Questions (FAQ's) in whatever form or manner either graphic, text, or digital format or presentation of any language either actual or digital are the property of the Seller and/or Auction Provider or the other copyright holders represented hereon and may not be copied, reproduced, duplicated, paraphrased, in whole or part for any purpose or reason whatsoever whether online or in a physical manner including storage to a computer system or storage device of any kind for republication or dissemination without the express written consent of the Seller. To violate this copyright protection is illegal and we will pursue such violations vigorously.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.