Terms Of Use

Used.ca

Terms of Use Agreement

This Agreement is effective July 15, 2015.

  1. Introduction

    Welcome to Used.ca, a division of Black Press Group Ltd.

    This Agreement is designed to ensure a positive, family-friendly, informative and safe experience for all our users.

    Throughout this Agreement, “we” “us” or “our” refers to Black Press Group Ltd. and its divisions, subsidiaries, or assigns.

  2. Application of Agreement

    Before accessing or using any of the Used.ca group of local websites, services, tools, or applications (collectively, our “Services”), you must read and accept the terms of this Agreement.

  3. License

    If you are the legal age of majority in your home jurisdiction, we offer to grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access and use our Services in compliance with this Agreement.

  4. Included Policies

    The following policies are incorporated into and form a part of this Agreement:

    1. Posting Policy
    2. Prohibited Items and Services Policy
    3. Privacy Policy
    4. [the "Policies"]

    As a condition of your use of our Services, you agree to abide by the terms of this Agreement and the included Policies.

  5. Using Our Services

    Without limiting the application of this Agreement and the included Policies, as a condition of accessing or using our Services you agree that you will not:

    1. Violate any laws, third party rights or our Posting Policy
    2. Post any item or service listed in our Prohibited Items and Services Policy
    3. Continue to use our Services if you have been suspended from using our Services;
    4. Interfere with any other user’s posts;
    5. Post infringing, unlawful, false, inaccurate, misleading, defamatory or obscene content;
    6. Collect other users’ personal information, including but not limited to email addresses, IP addresses and telephone numbers;
    7. Solicit other users except by posting content in compliance with this Agreement and the included Policies; or
    8. Send a message to a seller for any reason other than expressing genuine interest in purchasing their item or service.
  6. Privacy

    Our Privacy Policy explains how we handle your personal information and protect your privacy. As a condition of using our Services, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

  7. Services and Fees

    Using our Services is generally free of charge. We may charge a fee for certain services, and when we do, you will have the opportunity to review and accept that charge. Any fees are non-refundable and payable when due.

  8. Content

    By using our Services to post content, you automatically grant and assign to us, and you represent and warrant that you have the right, power and authority to grant and assign to us, a non-exclusive, unlimited, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable licence to exercise any and all copyright, trademark, publicity, and database rights you have in such content, in any media known now or in the future, and you waive any and all moral rights in such posted content.

    You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use, or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

  9. Advertising, Third Party Content and Links to other Websites

    Some of our Services are supported by advertising revenue and we may permit third parties to display advertisements and promotions to you when you use our Services. In addition, our Services may utilize or contain links to other third party sites, including social networking sites.

    We have no control over, and assume no responsibility for, such third party advertisers or third party sites or the content, privacy policies, or practices of such advertisers or sites. You are subject to the policies of such third parties when and where applicable.

    By using our Services, you agree that we may place advertising in our Services and that you will not hold us responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers, your subsequent dealings with advertisers, or your use of any third party site accessed through our Service.

  10. Disclaimer of Warranties

    We try to keep our Services safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control.

    YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  11. LIMITATION OF LIABILITY

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OUR SERVICES, WHICH INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOLLOWING:

    1. YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES;
    2. DELAYS OR DISRUPTIONS IN OUR SERVICES;
    3. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY USING OUR SERVICES OR ANY SITE, SERVICES, APPLICATIONS OR TOOLS LINKED TO OUR SERVICES;
    4. GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM;
    5. DAMAGE TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF OUR SERVICES;
    6. THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION:
      1. ITEMS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES USING OUR SERVICES; OR
      2. PAGES CACHED BY THIRD PARTIES.
    7. A SUSPENSION, TERMINATION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT;

    REGARDLESS OF THE ABOVE, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100

  12. INDEMNITY

    YOU WILL INDEMNIFY AND HOLD US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OUR SERVICES, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

  13. RELEASE

    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 (WHETHER DIRECT, ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

    IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.

  14. Access and Interference

    You agree that you will not use any robot, spider, scraper, crawler, or any other automated means to access our Services for any purpose without our express written permission.

    Additionally, you agree that you will not:

    1. Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
    2. Copy, reproduce, aggregate, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any of our Services, any content posted on our websites (except for your content) or any of our copyrights or trademarks without prior express written permission from us and any appropriate third party, as applicable;
    3. Interfere or attempt to interfere with the proper working of our Services, or any activities conducted on or with our Services; or
    4. Bypass any measures we may use to prevent or restrict access to our sites.
    5. Exception for Internet Search Engines and Public Archives

      As a limited exception to paragraph (b) above, general purpose Internet search engines and non-commercial public archives may access our Services without a separate written agreement provided that they:

      1. Provide a direct hyperlink to the relevant website, forum, content or other Services;
      2. Access our Services from a stable IP address using an easily identifiable agent; and
      3. Comply with our robot.txt file.

      However, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this limited exception to access our Services without a separate written agreement with us) at any time and in our sole discretion, upon written notice, including, without limitation, by email notice

      Exception for RSS Feeds

      As a limited exception to paragraph (b) above, you may download information from one of our RSS Feeds provided that either:

      1. You only do so for personal use or in conjunction with a non-commercial website (a website that generates no revenue), or
      2. You enter into a separate written agreement with us.
  15. Modification or Termination of Service

    We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.

    In addition to all other rights and remedies available to us under this Agreement or by law, we may, in our sole discretion, terminate or suspend your access to and use of the Services (or any part thereof) without cause and without notice.

  16. No Agency

    No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

  17. Notice

    You agree to send all legal notices to us by registered mail to the following address:

    Used.ca
    818 Broughton St.
    Victoria, BC
    V8W 1E4

    You consent to us sending you legal notices to the email address you provide to us. Legal notices by email will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

  18. General

    Severability

    If any provision of this Agreement is found invalid or unenforceable, such provision shall be severed from this Agreement without invalidating the remainder of the Agreement, and the Agreement shall be interpreted so as to give effect, to the extent possible, to the original intent of the Agreement including the offending provision.

    Assignability

    This Agreement is personal to you and your rights and obligations under this Agreement may not be assigned, sub-licensed or otherwise transferred. We may assign this Agreement to a third party.

    No third party beneficiaries

    You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Terms.

    Governing law

    This Agreement shall be governed and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein.

    The parties irrevocably attorn to the jurisdiction of the courts of British Columbia, which shall have the exclusive jurisdiction to settle any dispute arising in connection with this Agreement.

    Notwithstanding the above, for our exclusive benefit, we retain the right to bring proceedings in connection with this Agreement in the courts of the country of your residence or, if applicable, your principal place of business.

    Non-Waiver

    Our delay or omission in requiring performance of your obligations under this Agreement shall not operate as a waiver of any of our rights under this Agreement.

    Amendments

    We may amend this Agreement or the included Policies from time to time. When we do so, we will put a notice on our websites. All amendments shall become effective within 30 days of such notice.

    Quebec Residents

    The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.

    Entire Agreement

    This Agreement, including the incorporated Policies, sets forth the entire understanding and agreement between you and us with respect to the subject matter of this Agreement.

    Survivability

    Sections 6 (Privacy), 7 (Service and Fees), 8 (Content), 9 (Advertising, Third Party Content and links to other Web Sites), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnity), 13 (Release), 15 (Modification or Termination of Service), 17 (Notice), and 18 (General) shall survive any termination of this Agreement.

Posting Policy

We allow one ad per item or service per city site which is active for 30 days.

Posting by minors under the age of 16 is not allowed. Minors must have their guardian post content on their behalf and the guardian must act as the primary contact.

We reserve the right to remove any ads that we feel are not relevant or of any value to our users, with or without notice.

We reserve the right to remove ads without refund if we feel that our policies or Terms of Use are regularly or deliberately breached.

We reserve the right to restrict the use of Used.ca from those who regularly break our Posting Policy.

You are responsible for marking your ad as “sold” immediately upon the sale of the item advertised. Instructions on how to mark your ad as sold are found here on the Help page.

Further, you agree to NOT:

  • Place multiple ads for the same item or service on the same city site
  • Place multiple ads for the same item or service by placing it in multiple categories on the same city site
  • Place multiple ads in both English and French (ad should be bilingual)
  • Create multiple accounts or use multiple email addresses to post the same item or service
  • Mark ads as “sold” prior to its expiry date and then post a new ad for the same item or service
  • Delete content of the ad once sold
  • Knowingly place ads into the wrong category
  • Post ads in a used goods for sale category for anything other than an item for sale - no exceptions
  • Promote bidding of an item through a competitive website
  • Post the same item or service in such a way as to monopolize the Latest Ads list
  • Post inappropriate, offensive or illegal content
  • Post an ad that defames an individual or business
  • Post items or services listed in our Prohibited Items and Services Policy
  • Post copyrighted content (i.e. photos) or sell copyright material unless you have the copyright owner's permission
  • Post website links in the title, picture or description of your ad (there is a specific field for this)
  • Post website links in your ad to affiliate programs
  • Post website links in your ad to lists of other items for sale
  • Post ads on this site if your usual country of residence is not CANADA (some exception apply such as, but not limited to, vacation rentals)
  • Post items for sale that are not located in CANADA
  • Post items for sale that you are not in possession of (items that are custom order must be declared along with a deposit request if it is required)
  • Post ads for goods you know to have been stolen
  • Fill in the email address field with a fake email address
  • Answer untruthfully when prompted for “Is this item new?”, “Are you a commercial seller?” and when asked to specify your location
  • Engage in keyword spamming
  • Solicitate sellers to promote a commercial business

In addition to these general rules, below are some specific category and type of advertiser rules that you need to be aware of. These will help you understand what rules apply to your ad.

Business Services

Businesses are limited to one ad per city site when advertising their services. These ads must be listed in the “Services” category. You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture or description of your ad.

Commercial Sellers

You are welcome to post ads for individual items. The title, price, description and photos (if applicable) must match. Commercial sellers may be limited to 25 ads per day and must select the commercial seller indicator when placing an ad. You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture or description of your ad.

Free Category

In order for your ad to be placed in this category, you must check the “free” indicator when placing your ad. This category is reserved for those who genuinely want to give their item away for free. Items wanted for free should be placed in the applicable category of the item with the “wanted” indicator checked. The free category is for items only. Please do not post any free services in this category; free services must be posted in the “Services” category. We will remove any ads in this category with a price associated with it.

Job Category

This category is reserved for those wishing to hire or for those looking for a position. Ads for business services are to be posted in the “Service” category. Those who are seeking a job must check the “wanted” box. The following types of jobs are prohibited from our site:

  • Ads that do not state what type of work would be required
  • Ads requesting a photo
  • Ads involving sexual or illegal activities
  • MLM jobs (these are to be posted in “Services>Business Opportunities & MLMs” category)
  • Pyramid schemes and jobs that require payment upfront
  • Medical trials
  • Ads that contain links to recruitment websites
  • Ads that require registration or charge a fee for receiving further information

If you are a recruitment agency, please identify yourself as such.

We do not permit vague ads for models or acting jobs. Registered modelling or acting business are free to post but must include company details.

Requests for models by artists and photographers are not permitted. We suggest contacting local art colleges and academies.

MLM Ads

We do not allow vague ads for business opportunities. Your ad needs to include the name of the company, a description of what the company does, and the details concerning the product or service you are offering. These types of ads need to be posted in the “Services > Business Opportunities & MLMs” category.

You are welcome to include a link to your website in the “Website Link” field when placing your ad if the website provides additional information on the product or service you are offering. However, the link you provide cannot simply be a website that directs our users to a page where they must provide their contact details in an effort to receive additional information. Please do not put your website address in the title, picture or description of your ad.

Pet Category Postings

As of July 15, 2015, the sale of pets on Used.ca is prohibited. Small rehoming or adoption fees are encouraged, but ads from breeders or those suspected of profiting from the sale of pets are not allowed.

There are many reputable breeders who operate in a responsible and humane way. However, Used.ca is unable to distinguish between responsible breeders and those profiting from the sale of pets with little regard for animal welfare, including overpopulation.

Please adhere to these rules when posting a pet ad:

  • We do not allow the sale of pets from commercial sellers, breeders or anyone suspected of profiting from the sale of pets
  • We do not allow any postings of dogs or cats less than eight weeks of age unless birth date and release date are noted in posting
  • We do not allow posting for upcoming litters that are not born yet
  • We do not allow postings of pitbulls in Ontario or Winnipeg
  • Date of birth must be clearly stated in the ad
  • You may only post on a city site located in your province of residence
  • Shipment of pets is not permitted
  • Photos must be provided and must be of the pet(s) you are rehoming
  • No breeding or studding services for domestic pets
  • Pet postings are not permitted via #UsedHelps
  • Please note: pet postings may not be renewed. If your pet has not been rehomed within 30 days, please post a new ad

All ads posted or edited in our Pet category will be viewed by a live moderator within 48 hours. Please do not repost your ad during this time. This allows us the opportunity to ensure only ads that meet our Pet Posting Policy are allowed. If you see a pet posting you suspect is from someone profiting from the sale of a pet, please use the “Report Ad” button.

We will, at our discretion, with or without notice, remove any ads that we believe indicate signs of animal cruelty or if we suspect sellers of profiting from the sale of pets.

Upon request, from authorized agents, such as the BC SPCA, Used.ca may release your personal contact information, photographs, and any other animal related information on file in accordance with the Personal Information Protection and Electronic Documents Act.

Real Estate Category

It is against the Canadian Human Rights Act to refuse to rent to someone because of their source of income (if they are on welfare or unemployment insurance), race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

We ask that property owners and managers posting ads for rentals do not contravene any of the above in the description of their ad.

You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture or description of your ad.

Wanted Ads

Please only post about what is wanted. Ads that incite a sense of obligation to give to or buy from a seller will be removed.

Prohibited Items & Services Policy

We reserve the right to edit or delete content on this site for any reason whatsoever including, but not limited to, content deemed obscene, illegal, immoral, sexually explicit or anything deemed not family-friendly, as well as political content or content promoting competing websites. Additionally, the sale of items restricted by local, provincial or national laws or deemed unsafe are not permitted.

For legal, safety or community reasons, the following items and services are not permitted on our site:

  • Adult–only items and services
  • Alcohol
  • Baby walkers
  • Car seats that do not meet Health Canada Standards
  • Counterfeit, unauthorized replicas and trademarked items
  • Cribs that do not meet Health Canada Standards
  • Embargoed goods
  • Escort services
  • Exotic animals deemed prohibited in provincial jurisdiction
  • Fertility, surrogacy and donor services
  • Fireworks and explosives
  • Fish (ocean or fresh) without displaying a vendor, buyer or broker license in ad
  • Hazardous materials
  • Illegal drugs or drug paraphernalia
  • Illegal services
  • Leg hold traps
  • Legal Notices
  • Loans from unregistered financial services
  • Massage services posted by non Registered Massage Therapist (RMT)
  • Massage services with full body photographs
  • Obscene and offensive material
  • Personal ads
  • Personal information regarding any person other than the seller
  • Pesticides
  • Pet ads from breeders or those suspected of profiting from the sale of pets
  • Photos or images that contain nudity
  • Pit Bulls listed in Ontario and Winnipeg
  • Police uniforms, badges and other related articles
  • Polycarbonate baby bottles
  • Pornography of any kind
  • Prescription and over-the-counter drugs and devices
  • Prostitution or ads that offer sex
  • Recalled items
  • Restricted animals
  • Satellite products that violate the Radiocommunication Act
  • Sexual services including webcamming
  • Stolen property
  • Ticket sales above face value listed in Alberta, Manitoba and Ontario
  • Tobacco and related items
  • Used cosmetics
  • Wanted ads that incite a sense of obligation to give to or buy from a seller
  • Weapons and related Items

Prohibited Weapons and Related Items

We reserve the right to edit or delete content for any reason whatsoever including, but not limited to, “restricted” items. Used.ca defines “restricted” as anything that has rules governing the sale of the item.

As we are not able to monitor the sale of these items, they can NOT be posted on our sites.

  • Airsoft rifle
  • Ammunition
  • Antique firearm
  • Bayonet
  • BB gun
  • Blow gun
  • Brass knuckles
  • Butterfly knife
  • Firearm
  • Kusari
  • Magazine
  • Manrikigusari
  • Morning star
  • Nunchaku
  • Pellet gun
  • Pepper/Bear spray
  • Push dagger
  • Reloading supplies
  • Replica gun
  • Samurai sword
  • Shuriken
  • Silencer
  • Spike wristband
  • Steel whip
  • Stun batons
  • Stun gun
  • Switchblades
  • Tear gas

Prohibited Tobacco and Related Items

Tobacco products and other related items are controlled by law and as such the following are not permitted on our site. These items include, but are not limited to:

  • Bongs
  • Cigarettes
  • Cigars
  • Hookahs
  • Loose tobacco
  • Tobacco plants

In March 2009, Health Canada issued an advisory to Canadians NOT to use e-cigarettes as these products may pose health risks and have not been fully evaluated for safety, quality and efficacy. For these reasons the following are not permitted (both nicotine and non-nicotine brands):

  • E-cigarettes
  • E-juice
  • Vaporizers

Cribs That Do Not Meet Health Canada Standards

Many drop-side cribs have been recalled in Canada. We are asking that you contact the manufacturer to determine if the crib you are selling has been recalled or if there is a repair kit available. Currently, the manufacturer is most qualified to determine the status of their products. .

If your crib has not been recalled, or the repair kit has been installed, please place a statement regarding this in your ad.

For more information please visit the following link at Health Canada:

http://www.hc-sc.gc.ca/cps-spc/pubs/cons/child-enfant/sleep-coucher-eng.php#a34

Car Seats That Do Not Meet Health Canada Standards

Children’s car seats made prior to January 1, 2012 and expired car seats cannot be sold or given away on our sites.

Any car seat listed on our site is held and reviewed by our Moderation Team for up to 48 hours.

In order for a car seat ad to be displayed, it must contain the following information:

  • Date of manufacture
  • Date of expiry
  • Confirmation that the seller has contacted the manufacturer and has confirmed that the car seat complies with safety regulations

Please recycle your car seat if it is not compliant. Check for a local recycling program or facility that will accept your seat or recycle the seat yourself. This video explains how to recycle a children’s car seats:

www.used.ca/how-to-recycle-a-childs-car-seat

For further information, visit Transport Canada website or call Health Canada, 1-866-662-0666.