Terms & Conditions
International buying, selling and translation
This User Agreement is effective upon acceptance for those users who accept it through registration of a Bidmart account, and from 01 January 2015 for existing users. The previous amendment to this User Agreement is effective for all users on 01 January 2016.
This User Agreement, the Bidmart User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which Bidmart.ca offers you access to and use of our sites/ services, applications and tools (collectively ‘Services’). You can find an overview of our policies here . All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement.
You agree to comply with all of the above when accessing or using our Services.
Regardless of what country you reside or conduct business, (personal, professional or otherwise) you understand and agree that you are bound by all Canadian Laws, Legislation, codes & practices governing this site & services (Bidmart.ca).
Failure to comply will result in immediate banishment of ALL sites/services provided by Bidmart.ca and/or legal penalties as set by Canadian Laws.
In connection with using or accessing the Services/Sites you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18).
fail to pay for items purchased by you, unless you have a valid reason as set out in a Bidmart policy the seller has materially changed the item`s description after you bid, a clear typographical error is made, or you cannot contact the seller;
fail to deliver items sold by you, unless you have a valid reason as set out in a Bidmart policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user`s listings;
post false, inaccurate, misleading, illegal, defamatory, or libellous content;
take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
transfer your Bidmart account (including Feedback) and user ID to another party.
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific Bidmart.ca transaction (which includes using this information to send marketing materials directly to Bidmart users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm Bidmart, or the interests or property of Bidmart users;
use any robot, spider, scraper or other automated means to access our Services for any purpose.
bypass our robot exclusion headers, interfere with the working of our Sites/Services, or impose an unreasonable or disproportionately large load on our infrastructure;
copy, modify, or distribute rights or content from our Sites/Services or Bidmart`s works of authorship, designs and trademarks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Sites/Services without the prior express written permission of Bidmart.ca and the appropriate third party, as applicable;
harvest or otherwise collect information about users, such as email addresses, without their consent; or
circumvent any technical measures we use to provide the Sites/Services.
If you are registering with Bidmart as a business entity, you represent that you have the authority to legally bind that entity.
If you are trading as a business on Bidmart.ca, you must comply with all applicable laws relating to online trading for our site & Canadian Laws.
You agree that we will commence supplying our services to you as soon as you accept this User Agreement.
You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services at our discretion.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
we find that you are creating problems or possible legal liabilities;
we find that you are infringing the rights of third parties;
we find that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user`s performance history and the specific circumstances in applying our policies. At our discretion we may choose to be more lenient with policy enforcement, and take action for the benefit of both, buyers and sellers.
Bidmart.ca is a free classifieds service however, various features are offered as paid options.
The fees we charge for using these options are listed on our Seller fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the Bidmart site 30 days in advance to their effect. You may close your account anytime but your paid features will continue to run til their expiry unless you give written notice to discontinue.
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
your listing may not be immediately searchable by keyword or category for up to 24 hours. Bidmart.ca does not guarantee exact listing durations;
content that violates any of Bidmart`s policies may be deleted at our discretion;
Bidmart`s duplicate listing policy may and will affect whether your listing appears in search results;
Meta-tags and URL links that are included in a listing may or may not be removed or altered so as to not affect third party search engine results; (this is at our discretion)
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings.
When buying an item, you agree to comply with the rules for buyers and that:
you are responsible for reading the full item listing before making a commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
for motor vehicles, and real estate (property) listed in the Classified Ad format, a bid or offer is not binding, but expresses a buyer`s serious interest in the item;
if you purchase an item on any Bidmart site, you are subject to the User Agreement of Bidmart.ca and the governing Canadian Laws applicable.
Any reference to “bids” or “winning” thereof, are stated as relation to Bidmart Auctions and are subject to the same terms and conditions applied to Bidmart.ca
International buying, selling and translation
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
You may stop your listings from appearing on international sites by excluding international postage locations from your listings. When you sell your items internationally, you agree to be subject to and accept Bidmart`s International Selling Agreement.
You authorize us to use automated tools to translate your Bidmart content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicense (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorize us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
Bidmart.ca takes no responsibilty for users content other than ensuring it is within the guidlines of our policies. While we try to offer reliable data, we cannot promise that content will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies. You (the seller) are responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Bidmart policies.
Sellers can create rules to automate returns and refunds based on their own certain circumstances. Any returns of any items are the sole responsibility of the vendor from whom it was purchased.
However, we request that all sellers list at least 1 delivery option in their ads. It is strictly your choice to accept or reject this info.
We try to keep Bidmart.ca and its Services safe, secure, up to date, and functioning properly, but we cannot guarantee the continuous operation of or access to our Site/Services. Bid update and other notification functionality in Bidmart`s Services may not occur in real time. Such functionality is subject to delays beyond Bidmart`s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
your use of or your inability to use our Services;
delays or disruptions in our Sites/Services;
viruses or other malicious software obtained by accessing, or linking to, our Sites/Services;
glitches, bugs, errors, or inaccuracies of any kind in our Sites/Services;
damage to your hardware device from the use of any Bidmart.ca Sites/Services;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing Bidmart.ca section;
the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is sometimes difficult. Bidmart cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users` purported identities or the validity of the information which they provide to us or post on our sites.
We rely on users to help inform us of fraudulent content & users whereby our team will take the necessary actions.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Bidmart`s Sites/Services or your breach of any law or the rights of a third party.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
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 User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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.
We may amend this User Agreement at any time by email, or via the Messages section. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Sites/Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a Bidmart representative authorized to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the site.
The User Agreement, the Bidmart User Privacy Notice and all policies posted on our sites are the entire agreement between you and Bidmart.ca and supersede all prior understandings and agreements of the parties.
By Creating an account, becoming a member, using, Bidmart`s Site/Services, you are in full agreement of all "Terms & Conditions," "Privacy Policies." & "Legal Policies" bound by Bidmart.ca and its Sites/Services.