User Terms of Use and Conditions on Web Site

BARRIE BUY AND SELL . CA LTD.

 

The User acknowledges and understands that the following terms and conditions (the “Agreement”) govern the terms on which BARRIE BUY AND SELL . CA LTD. o/a Canadian Buy and Sell .Ca (“Buy and Sell”)will provide its services to the User:

 

  1. Agreement

 

This Agreement constitutes the entire and only agreement between the User and Buy and Sell, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this website, the content, any goods and services provided by or through this website, and the subject-matter of this Agreement.

 

This Agreement may be amended by Buy and Sell from time to time without specific advance notice to the User. The latest Agreement will be posted on this website, and the User agrees to review this Agreement prior to and during subsequent use of this website.

 

  1. Use

 

The User acknowledges and agrees Buy and Sell provision of services to the User is limited to only providing the platform of allowing its Users to search businesses within Canada by a local provincial or country-wide search engine and the User shall indemnify and hold harmless Buy and Sell, its affiliates, respective officers, directors, agents or employees from and against any claims, demands, actions, causes of action, damage, loss, deficiency, cost, liability and expense which may be made or brought against Buy and Sell.

 

The User further acknowledges and agrees that Buy and Sell is not and shall not be considered an agent or representative of any businesses advertising on this Site. The User acknowledges that Buy and Sell makes no representations or warranties as to the products and services listed on this site and that any representations or warranties made by any business advertising on this Site shall be the sole representation and warranty of the Business.

 

ANY COMMERCIAL USE OF THE DATA, THE DATABASE OR ANY SEARCH RESULTS OR MATERIALS, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. The viewing, printing or downloading of any Data, search result, materials, content, form or document from this website grants the User only a limited, non-exclusive licence for their own personal or internal use and not for republication, distribution (including general internal distribution), assignment, sublicense, sale, preparation of derivative works or other commercial use. No part of any data, search result, materials, content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User in their own personal use (but not for resale or redistribution).

(b)       In addition to the prohibition in (a), the User may not:

(i)        reformat, reorganize and/or manipulate the Data or any part of the Data; 

(ii)       download or “dump” the Data or any part of the Data into any other database;

(iii)      embed or merge the Data or Database with any software applications, or other data or information in any form;

(iv)       publish or publicly display the Data or any search result, in any form, in whole or in part, whether for commercial or non-commercial purposes;

(v)        engage in “screen scraping” or any other activity intended to collect, store, reorganize or manipulate the data;

(vi)       engage in any action that might reasonably be construed as compromising, altering or rendering ineffective this website;

(vii)      decompile, disassemble or reverse engineer the database or this website;

(viii)     modify any of the data or any search result; or

(ix)       remove any copyright or other proprietary notations from the data or any search result.

(c)        All data and/or search result downloaded or printed in accordance with the terms of this Agreement shall continue to be subject to all restrictions on use and other provisions set forth in this Agreement.

(d)       The User acknowledges and agrees to take no action that will infringe upon the rights under applicable copyright law.

 

  1. Personal Information and Privacy

 

By using this site and its related services, the User agrees and gives consent to the collection, transfer, storage and use of personal information by Barrie Buy and Sell . Ca Ltd subject to all applicable laws and statutes and in accordance with the following Privacy Policy:

 

Personal information may be obtained through voluntary submission, contact with Buy and Sell, use of the review function or entry into any potential contests. The User should be aware that the sharing of personal information in any public areas of the platform may be seen and used by other Users.

 

Buy and Sell may use cookies to track User traffic patterns. A cookie is a small data file that certain websites write to the User’s hard drive when visited. A cookie cannot read data from a hard disk or cookie files created by other websites. Any collected information by Buy and Sell is not shared or sold to any third party. Cookies shall only be used in an effort to tailor the User’s experience with the Platform. Browsers can be set to warn the User before accepting cookies and refuse the cookie when a browser alerts to its presence, or by turning them off.

 

The User agrees and acknowledges that the IP address is captured but not stored by Buy and Sell.

 

Any voluntarily shared personal information by the User to Buy and Sell, may then be shared with agents or contractors in connection with services that they perform for Buy and Sell. The agreements with such agents and contractors ensure that personal information can only be used for the purposes for which it was shared with them, and that they handle the personal information in accordance with all applicable laws and statutes. Please note that any electronic information is not one hundred percent secure, and thus Buy and Sell makes no representations or warranties as to the security of any personal information submitted through the platform, and therefore is done at the User’s own risk.

 

  1. Jurisdiction

 

This Agreement between the User and Buy and Sell shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario (excluding any conflict of laws rule or principle which might refer such construction to the laws of another jurisdiction) and shall be treated in all respects as an Ontario contract.  Each Party irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter arising hereunder or related hereto.

 

  1. Disclaimers and Waivers

 

(a)       THIS WEBSITE, ITS CONTENTS, THE DATABASE AND ALL DATA ARE PROVIDED ON AN “AS IS” BASIS AND BUY AND SELL MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THESE ITEMS. SPECIFICALLY, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND ARE DISCLAIMED WITH RESPECT TO THE ACCURACY, USEFULNESS, NOVELTY, VALIDITY, SCOPE, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA. IF THE DATA IS MADE AVAILABLE OR UTILIZED ELECTRONICALLY, NO REPRESENTATION, GUARANTEE OR WARRANTY ARE MADE WITH RESPECT TO COMPATIBILITY WITH PAST, CURRENT OR FUTURE VERSIONS OF COMPUTER SOFTWARE, INCLUDING BROWSERS, TO ACCESS THE DATA. BUY AND SELL AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS AND OTHER REPRESENTATIVES,  WILL NOT BE LIABLE TO THE USER, OR ITS SERVANTS, AGENTS, CONTRACTORS, ASSIGNS, OR ANY PERSON FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT, LOSS OR DAMAGE TO PROPERTY, PERSONAL INJURY OR DEATH ARISING FROM THE USE OF THE DATA OR SEARCH RESULTS, OR FROM ERRORS, DEFICIENCIES OR FAULTS THEREIN, WHETHER SUCH DAMAGE IS CAUSED BY NEGLIGENCE OR OTHERWISE. BUY AND SELL AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS AND OTHER REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, OR THE USE OR PERFORMANCE OF THIS WEBSITE, THE DATA OR SEARCH RESULTS. BUY AND SELL DOES NOT WARRANT THAT THIS WEBSITE WILL FUNCTION WITHOUT ERROR, FAILURE OR INTERRUPTION.

(b)       This website and platform is subject to change and the data and any search results produced by or from the data or the database may be incomplete or no longer current. Documents may contain typographical errors. Buy and Sell disclaims all liability for all errors or omissions. Buy and Sell reserves the right to modify and/or update the data without obligation to notify the User and reserves the right in its sole discretion to edit or delete any data, documents, information or other content appearing on this website.

(c)        THE USER SHOULD VERIFY THE DATA AND ANY SEARCH RESULTS BEFORE ACTING ON IT. The data used to create the database, search results and materials has been provided by external sources who may have not verified the information for accuracy or completeness. The entire risk as to the quality and accuracy of the data and the search results is with the User and the User must use their own judgment in making use of the data or drawing conclusions based on it. This website, platform, the data and any search results produced from or by this website, the data or the database have been prepared for information purposes only and do not constitute legal, financial or other professional advice. The User assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any data or search results to achieve the User’s intended results.

(d)       All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.

 

  1. Indemnification

 

User acknowledges and understands that Buy and Sell functions only as a marketplace to allow the platform. By using this platform and website, the USER agreeS to indemnify, defend and hold BUY AND SELL and its directors, officers, members, employees, agents, contractors, successors, assigns and other representatives, harmless from any liability, loss, claim and expense, including reasonable legal fees, related to any violation of this Agreement by You or Your use of this website.

 

If Buy or Sell fails to exercise or delay in exercising any right or remedy under this Agreement, such failure or delay will not be deemed to be a waiver of that right or remedy. If We waives any breach of any provision of this Agreement, such waiver will not be deemed to be a waiver of any subsequent breach of that or any other provision.

 

This website may contain links to other websites over which Buy and Sell has no control. Buy and Sell provides no endorsement, representation or warranty of any kind regarding the products, services, content or appropriateness of such websites, and the User irrevocably waives any claim against Buy and Sell with respect to such websites.  If the User decides to leave this website and access these third party websites, the User does so at their own risk.