PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OUR WEBSITE AND USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY, TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON YOUR OWN OR ON BEHALF OF ANY GROUP OR ENTITY YOU REPRESENT. IF APPLICABLE, YOU HEREBY COVENANT TO ENSURE THAT ALL FUTURE USERS THAT GAIN ACCESS TO OUR SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE OUR SERVICES.
If you, or the entity for which you are representing, have a separate binding, written or click through agreement in place with BestAuction with respect to the Services, these Terms shall take precedence over other Agreements unless otherwise indicated by that Agreement.
ACCEPTANCE OF TERMS
SECTION 1 – GENERAL TERMS
Licence to Use
Subject to these Terms and any other agreement between you and BestAuction, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use our Services solely in the manner enabled by us. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services, and we reserve all rights not expressly granted under these Terms.
By agreeing to these Terms and using the Services, you shall not, and shall not authorize or facilitate any attempt by another person to use our Services, to:
- sell, rent, transfer, publish, disclose, distribute, display or otherwise make available our Services to third parties, including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms;
- damage, disable, overburden, impair or interfere with any other party’s use of our Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services;
- use false or misleading information, including creating a false identity, in connection with your user account, or impersonate any other person living or dead;
- upload or send any content that is unlawful, harmful, threatening, abusive, harassing, hateful, disparaging, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us in our sole discretion;
- upload or send content that depicts or advocates the use of illegal drugs, that characterizes violence as acceptable, glamorous or desirable, or that encourages conduct that would constitute a criminal or civil offense;
- upload or send content that infringes another’s copyright, trademark or trade secret;
- upload or send unsolicited advertising or unlawfully promote products or services;
- harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
- promote, solicit, or participate in any multi-level marketing or pyramid schemes;
- exploit children under 18 years of age;
- invade the privacy of any person, including without limitation, posting personally identifying or otherwise private information about a person without their consent;
- engage in fraudulent activities, including, but not limited to, “phishing”;
- circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services;
- introduce viruses, worms, Trojan horses and/or harmful code to our Services;
- use any robot, spider, site search/retrieval application or other automated device, process, or means to access, retrieve, scrape or index any portion of our Services;
- violate any applicable statute, law, rule, regulation or court order;
- reverse engineer, reverse assemble or decompile, copy, alter, hack, or attempt to extract the source code of any software developed by BestAuction, or adapt, distribute, reissue or transmit any part of its content without first obtaining BestAuction explicit written consent; nor
- use our Services for service bureau, time sharing, or other similar purposes, or for the benefit of any third party.
- interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
- YOU MAY NOT ACCESS OR USE OUR SERVICES IF YOU ARE A COMPETITOR, OR FOR PURPOSES OF MONITORING THE SERVICES’ AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PROCESS.
We reserve the right to modify this list at any time in our sole discretion. If you violate any of the above terms, or any other terms herein, [Company Name]. can terminate your right to access the Services.
We have taken commercially reasonable steps to ensure your personal information is protected in accordance with the Personal Information and Electronic Documents Act
WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION YOU SUBMIT TO THE SERVICES IN RESPONSE TO ANY REQUEST FROM A THIRD PARTY OR OTHER USER OF THE PRODUCT OR SERVICE. If you submit personal information to the Services in response to any request from another user, it shall be considered unauthorized use of the Services, and we shall have no responsibility or liability in connection therewith.
Our Services are not intended for use by minors and are available only to, and may only be used by, individuals who are eighteen (18) years and older and can form legally binding contracts under applicable law. If anyone under the age of eighteen (18) accesses our Services, it shall be considered unauthorized use of the Services, and we shall have no responsibility or liability in connection therewith.
To use the Services, you must provide basic information such as your email, true legal name, password, city and country. Other similar information may be requested from time-to-time. You agree that all your information is complete, true, correct and up-to-date.
Once you have submitted such personal information on our Service, you will be provided with login credentials to use the Services. You are responsible for securing your username and password, and you are solely liable for any use of the Services under your account and password.
It is your duty and responsibility to notify BestAuction promptly in writing if you learn (i) an unauthorized person has your access code and password, and/or (ii) of a privacy or security breach. BestAuction. reserves the right to refuse use of, or revoke use of, any username in BestAuction’s discretion.
Modifications to our Services
We may change and update our Services from time to time. We may add or remove features, including without limitation, making free services into paid services and vice versa. We will give you appropriate advance written notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice.
You agree that these Terms will apply to any such upgrades or improvements and that by continuing to use the Services, you agree to be bound by these Terms.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Open-source software is important to us. Some software used in our Services may be offered under an open-source license that we will make available to you. There may be provisions in the open-source license that override some of these terms. As the open-source licenses are governed by separate and independent policies we recommend that you read them carefully.
By using the Services, you may receive emails and push notifications from us regarding the Services or about your use of our Services, and communications, including, but not limited to, emails, text messages, push notifications, mail and telephone calls. You may also receive marketing materials from us.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically shall be deemed to satisfy any legal communication requirements to the extent permitted under applicable law.
To opt out of receiving any marketing communications from us, please follow the unsubscribe link in the applicable correspondence. Even after opting out of communications from us, you may still receive legal or technical communications from us relating to our Services.
You may not use the Services to send unsolicited messages (also known as “spam”), or to send any communication to any recipient that has not authorized you to send such communication, or to send commercial or marketing messages of any kind.
You agree that you are the sole author of, and are solely responsible for, the content of any message or communication that you send in connection with your use of the Services.
Any message you send by e-mail in connection with your use of the Services shall (i) accurately, and in a non-deceptive manner, identify you, (ii) not contain any deceptive or misleading content regarding the message’s subject matter, (iii) include your valid physical address; and (iv) comply with all applicable law.
SECTION 2 – SAFETY AND PRIVACY OF DATA
SECTION 3 – SUBSCRIPTION
You may become a user of the Service at no cost. As a user of the free services, you will have the ability to participate in some, but not all, of the features and services available within the Service.
In order to access additional features and services, you must subscribe to the service for a subscription fee. Depending on the subscription plan you select, you will be entitled to different limits. By subscribing to any of our plans, you accept our pricing as well as the limits of the subscription.
Subscriptions are renewed automatically through the payment method you chose at the time of purchase. You may cancel automatic renewal at any time by changing your preferences within you BestAuction account. If the User cancels an automatic renewal, then BestAuction may be forced to cancel their subscription when it runs out, unless the subscription is manually renewed.
If the subscription is purchased by a third-party on behalf of a company, we may charge an extra administrative fee (20% of the price of the subscription) in case there are extra administrative operations needed, including but not limited to, filling in special forms or extensive e-mail communication with several employees.
When required, we will collect your credit card or other payment information. We use third-party payment service providers to process payments on our behalf, and as a result we do not ourselves store your credit card number or other payment information.
We are not responsible for the Terms of our third party payment providers, and encourage you to review this policy at: [Stripe Terms Link]
SECTION 3 – TERM AND TERMINATION
By BestAuction: BestAuction may, at any given time and in our sole discretion, terminate your access to the Services, in whole or in part, for any reason and at any time, upon electronic notice to you at your registered email address, including, but not limited to, violation of these Terms.
Notwithstanding the rights of BestAuction to terminate your access to Services, Users and Creators may submit request for the reasons as to why access was terminated to [email protected]
You agree that we are not liable to you or any third party for any termination of your access to our Services.
By You: You may terminate your use of the Services or your account at any time by anytime in the Billing section of your Profile by cancelling the auto-renewal option. By cancelling the auto-renewal option, your subscription will remain active until the end of the current pre-paid period and then expires automatically.
If you do not wish to continue using the Service, please cancel the auto-renewal option before the end of the billing period.
BestAuction is not obligated to provide you a refund at any time. As per our 48 hours money-back guarantee, you have 48 hours after submitting payment for a subscription to request a full refund via a live chat or by contacting us at [email protected]
The 48-hours refund eligibility does not apply to 2 consecutive subscriptions.
For annual subscriptions, BestAuction may provide a partial refund upon request, however, the amount would be based only on full months and calculated as if the monthly plan was used. We do not provide partial refunds for monthly subscriptions.
BestAuction will not refund any subscription in order to purchase the same subscription plan with the discounted price.
SECTION 4 – INTELLECTUAL PROPERTY & OWNERSHIP
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. Using our Services does not give you ownership of any Intellectual Property (defined below) rights in our Services, unless expressly stated herein.
BestAuction’s Intellectual Property is defined, without limitation as the following: The BestAuction name and logo, and other BestAuction trademarks, service marks, graphics and logos used in connection with the Site are trademarks of BestAuction (collectively “BestAuction Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners (collectively “Third Party Trademarks”). The BestAuction Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of BestAuction or the applicable trademark holder. The Services and the content featured in the Services are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to BestAuction and its licensors.
Unless otherwise noted, all content is protected from unauthorized copying and dissemination by Canadian copyright law, trademark law, international conventions and other intellectual property laws.
By uploading, submitting, storing, sending or receiving content to or through our Services, you hereby grant BestAuction (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license will continue even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. You retain sole authorship responsibility for any content you submit to our Services regardless of whether we modify your content.
Our automated systems collect and analyze your content. The data collected by BestAuction is used for internal reporting, software improvement, and customizing services offered. This analysis occurs as the content is sent, received, and when it is stored.
SECTION 5 – ASSUMPTION OF RISK
It is your responsibility to take all necessary precautions in all interactions in connection with your use of the Services.
Although we reserve the right to review or remove any and all user content that appears in the Services, we cannot, and do not, take responsibility for any content or transaction that users conduct through the Services, and we do not assume any responsibility for the accuracy or reliability of this information or any information exchanged between users. We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any user interaction or transaction, or any communication between users.
We are not responsible for the conduct of any user in any way.
SECTION 6 – REPRESENTATIONS, WARRANTIES, CONDITIONS & LIABILITY
BESTAUCTION.’S SERVICES (AND ANY ASSOCIATED THIRD-PARTY CONTENT, OR SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, BESTAUCTION. EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING BESTAUCTION’S SERVICES AND THIRD-PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BESTAUCTION MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY, OR COMPLETENESS OF THE SERVICES OR ITS CONENT, OR OTHERWISE. BESTAUCTION MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICES OR THAT SERVICES WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF BESTAUCTION.’S SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
ANY MATERIAL DOWNLOADED FROM BESTAUCTION.’S SERVICES OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
FOR CERTAINTY, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM BESTAUCTION. SHALL CREATE ANY REPRESENTATION, WARRANTY, OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees and agents, at your expense, from any and all claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation, legal fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your submission or solicitation of any content, (ii) your legal, illegal, authorized or unauthorized use of our Services and all of your communication in connection with the Services, (iii) any Project, or (iv) any User or other third party’s use of any content that you submit to our Services. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
Limitation of Liability
IN NO EVENT SHALL WE, OR ANY OF OUR REPRESENTATIVES, BE LIABLE UNDER THESE TERMS TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BESTAUCTION.’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS EXCEED THE GREATER OF (i) $100.00 OR (ii) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, OVER THE COURSE OF A ONE (1) MONTH PERIOD.
SECTION 9 – NON-CANADIAN USERS
SECTION 10 – UNSOLICITED IDEAS AND FEEDBACK
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use and/or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
SECTION 11 – NOTICE
We may provide you notice to the email address you provide to BestAuction. during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provide during the registration or purchase processes and you may give us notice to the address set forth on our Site as our address, wherein notice shall be deemed given three (3) days after the date of mailing.
SECTION 12 – DISPUTE RESOLUTION
- The legal seat of arbitration shall be Toronto, Ontario, Canada.
- There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the Canadian Arbitration Association in accordance with the Canadian Arbitration Association Rules.
- The language of the arbitration, including the hearings, documentation and award shall be English.
- The parties shall each bear their own legal costs and expenses of the arbitration.
- Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns, and there shall be no right to appeal such decision, whether on a question of law, a question of fact or a mixed question of fact and law.
- The governing law of the arbitration shall be the law of the province of Ontario.
- The arbitration procedures, hearings, documents and award shall remain strictly confidential between the parties.
You and we agree that each of us may bring claims against the other only in yours and our individual capacity, and not as a plaintiff or class members in any purported class or representative proceeding, thereby waiving the right to participate as a class representative or class members in a class action relating in any way to a dispute hereunder.
SECTION 13 – MISCELLANEOUS
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our prior written consent. BestAuction. may transfer, assign, or delegate these Terms and its rights and obligations without restriction.
These Terms shall bind and enure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns.
We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. You do not have any authority to bind BestAuction. in any respect whatsoever.
These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except in writing signed by both parties or by our posting of an amended version of these Terms on our Site.
The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The failure of BestAuction. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms are governed by, and construed in accordance with, the laws of the Province of Ontario.
If you have any questions about these Terms, please contact us at [email protected]