1. Acceptance of Terms
UrGarage Inc and its affiliated entities, being Philippe Brunet (“UrGarage” / “We” / “Us” / the “Company”), provides Services (as defined below) to you through this website urgarage.ca (the “Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. The Company reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services.
2. Registration Obligations
To use or access some or a portion of this Website, you must first complete the registration process to create an account (“Account”) and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify the Company if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Company’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. If you are old enough to be the age of minority in your province of residence (or if you have the consent of a parent or guardian), you may access and use our site for personal use, subject to the restrictions set out in these Terms and Conditions.
The Company may act upon any communication that is given through your Account or by using your Credentials. The Company is not required to verify the actual identity or authority of a person using your Account or Credentials, but The Company may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if the Company is not satisfied with the verification. If the Company, in its sole discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Company may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
3. Description of Services and Fees
UrGarage is offering to persons who have Accounts certain access to an online marketplace for buying, selling or trading certain new or used goods (the “Services”). The provision of the Services is subject to these Terms or other terms you accepted when using the Services.
Using the Services is generally free. We may charge fees for certain Services. Our fees are quoted in Canadian dollars, and we may change them from time to time. We will notify you of changes to our fees by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not pay the fees, we may limit your ability to use the Services.
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for the Company to comply with its obligations under applicable law. To the extent that such information is not provided, the Company will in its discretion determine and collect appropriate taxes. You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on the Website.
5. Use of The Website
The Company authorizes you to post materials and content on the Website for your personal or commercial use only and only in connection with you registering with the Company or using the Services.
You agree that you will only post in the appropriate category or area and you will not do or post anything:
- that violates any laws in force in Alberta or Canada;
- is false or misleading;
- that infringes any third-party right;
- distribute or contain spam, chain letters or pyramid schemes;
- distribute viruses or any other technologies that could harm the Website, the Company, or the interests or property of the Website’s users;
- impose any unreasonable load on our infrastructure or interfere with the proper working of the Website;
- copy, modify, or distribute any other person’s content;
- use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permissions;
- to harvest or otherwise collect information about others, including email addresses, without their consent; or
- to bypass measures used to prevent or restrict access to the Company.
The Company reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and the Company reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
6. Trade-Marks and Copyright
UrGarage, the Company, www.urgarage.ca and other trade names or trade-marks of Company used on this Website, and related words and logos are trade-marks or trade-names of the Company in Canada and other jurisdictions. The Company is also the owner in Canada as well as other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Company. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Company or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Company materials remains with the Company and any unauthorized use of such materials is strictly prohibited. The Company reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.
7. User Generated Content
Portions of this Website allow users to post and exchange information, ideas and ask questions (“User Content”), but Company does not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of the Company, and Company disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.
We value your visit to this Website and welcome any questions, comments or feedback you might have about this Website, these Terms or any of the products or services offered by Company (“Feedback”). Please refer to the Contact section of this Website for phone and fax numbers and email addresses.
If you provide User Content or Feedback, you grant Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant the Company the right to use the name you submit with the User Content or Feedback, if any, in connection with the Company’s rights hereunder.
You may be asked to leave a review when messaging with other users, or purchasing or selling products to other users, on the Website. Your submitted review, user name, profile photo (if available), and the category of the seller’s listing will be made public. User reviews should be left in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another user’s account, the review should:
- be truthful to what happened between you and the other user;
- not be left in an attempt to harass or abuse another user; and
- not be in left in an attempt to manipulate or mislead other users.
We reserve the right to remove reviews which violate our policies or guideline
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. The Company has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
10. Acceptable Use and Restrictions
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify and hold harmless the Company from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, the Company retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
You understand and agree that:
- Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither the Company, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services or any of the products or services available for sale on the Website and the Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
- You also agree not to hold us responsible for the payment processing of other service providers such as PayPal (a “Third Party Payment Processor”). For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Account, you acknowledge and agree that by making payments through the Website with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
- Because most of the posts advertising items for purchase, sale or trade, come from other users of the Website, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. Specifically, any products or services purchased on the Website are purchased on an “as is/where is” basis with no warranty of performance and at the sole risk and liability of the user to ensure that such products or services are fit for the use intended and in proper working order. The Company hereby disclaims and does not make any representation or warranty of merchantability or fitness for any purpose with respect to such products or services. The User agrees to inspect the products or services and ensure all defects other than latent defects, if any are corrected prior to use.
- The Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
- The access to and downloading of material from this Website is done at your own risk. Company makes reasonable efforts to ensure that this Website is virus-free, but Company does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
13. Limitations of Liability
In no event will Company Parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these Terms, the use of this website, the Services or any product purchased or sold through the use of the Website.
The Company Parties will not be liable for any actual or alleged infringement by any third party materials available through the services. In no event will the cumulative liability of Company Parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these terms present a fair allocation of risk and liability, and that this section 13 is an essential part of the bargain between the parties, a controlling factor in setting any fees or other charges, and an inducement to the parties to enter into these terms.
The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada and the laws of Canada applicable in Alberta, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Alberta.
These Terms and Conditions have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
15. Contact Us
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by the Company. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.