Introduction

These terms and conditions govern your use of www.postedad.ca; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Please note that we provide a forum for users to advertise goods and services. We are not party to the sale or purchase of goods or services advertised on this website, and accordingly we will not be liable to any person in relation to any such sale or purchase.

Postedad.ca uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of privacy policy.

License to use website

Unless otherwise stated, Postedad.ca and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

Classified advertisements

We welcome the submission of classified advertisements to our website.

You may submit a classified advertisement by: registering and following the instructions provided.

You will have the opportunity to identify and correct input errors prior to making your submission.

Classified advertisements submitted to our website must constitute bona fide advertisements that are true, fair and accurate in all respects. Classified advertisements must all be listed in the appropriate category or categories.

Classified advertisements submitted to our website must not constitute an advertisement for any product or service that:

breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;

is or relates to: (i) drugs, narcotics, steroids or controlled substances; (ii) pornography; (iii) obscene, indecent or sexually explicit materials; (iv) knives, swords, firearms or other weapons; (v) ammunition for any weapon; (vii) items that encourage or facilitate criminal acts or civil wrongs; or (vii) items that encourage or facilitate the infringement of any intellectual property right; or]

If you make a submission, you will be asked to choose a user ID and password. You must ensure that your user ID and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so. We may disable your user ID and password in our sole discretion without notice or explanation.

Classified advertisements that are submitted will be automatically processed and published. We keep the right to review the advertisement after the publication and to delete it if it does not complies with this agreement

If we accept your classified advertisement then, it will remain published on our website for the relevant period set out on our website, subject to termination or deletion in accordance with these terms of use.

Free advertisements

Our website allows you to make free classified advertisement submissions

Paid advertisements

In addition to free submissions, we provide a paid submission service that gives the following benefits:

The paid advertisement will be placed above the regular advertisements.

The paid advertisement will be marked as paid advertisement and might have a different color

The paid advertisement might be promoted in other means over the standart advertisements.

The applicable submission charges will be as set out on our website from time to time. All submission charges stated on the website are stated exlusive of VAT.

We may vary submission charges from time to time by posting new charges on our website. However, such variations will not affect submissions that have already been paid for.

You acknowledge that:

(a)we do not confirm the identity of advertisers or buyers, check the credit worthiness or bona fides of advertisers or buyers, or otherwise vet advertisers or buyers;

(b)we do not check, audit or monitor the information contained in classified advertisements;

(c)we are not party to the sale or purchase of goods or services advertised on the website;

(d)we are not involved in any transaction between advertisers and buyers in any way; and

(e)we are not the agents for any advertisers or buyers;

and accordingly we will not be liable to any person, whether acting as advertiser or buyer or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services and we will have no obligation to mediate between parties to any such contract.

Restricted access

Access to certain areas of this website is restricted.We reserve the right to restrict access to other areas of this website, or indeed this entire website, at our own discretion.

User content

In these terms and conditions, “your user content” means material including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.

You grant to postedad.ca a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to postedad.ca the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or postedad.ca or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Postedad.ca reserves the right to edit or remove any material submitted to this website, or stored on ou servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Postedad.ca makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, postedad.ca does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

Postedad.ca will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if postedad.ca has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, postedad.ca has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against postedad.ca officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect postedad.ca officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as postedad.ca.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify postedad.ca and undertake to keep postedad.ca indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by postedad.ca to a third party in settlement of a claim or dispute on the advice of postedad.ca legal advisers) incurred or suffered by postedad.ca arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to postedad.ca other rights under these terms and conditions, if you breach these terms and conditions in any way, postedad.ca may take such action as postedad.ca deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

postedad.ca may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Postedad.ca may transfer, sub-contract or otherwise deal with postedad.ca rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and postedad.ca in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Canadian Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Ontario.



Credit: This document was created using a Contractology template available at http://www.freenetlaw.com.

The document also containins selected sections from SEQ Legal's template terms of use for classified advertising websites