CLASSIFII MARKETPLACE INC.
TERMS OF USE
***See “Limitation of Liability” section for an onerous term***
These Terms of Use are a legal agreement (the “Agreement”) between you and Classifii Marketplace Inc. (“Classifii”). Please note that, among other purposes, this agreement creates enforceable limitations upon your use of the application, and wherever you use Classifii services.
IF YOU ARE USING THIS application, THESE TERMS APPLY TO YOU.
BY USING THE application, YOU ARE AGREEING TO ACCEPT THESE TERMS. YOU MUST EITHER READ THESE TERMS, OR CHOOSE NOT TO USE THE application. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE,
THEN YOU MUST NOT USE THE application.
BETA TEST DISCLOSURE AND WAIVER OF LIABILITY
The application and Services (as those terms are defined herein) are presently offered as a beta test. By the Use of the application and Services, you acknowledge that the application or Services may contain errors, bugs or other problems which may cause the application or services to fail. Classifii reserves the right to make alterations to the applications or Services at any time without prior notice to Users and the use of the application is acknowledgement of acceptance to the alterations to the application, Services and these Terms of Use.
Classifii expressly disclaims any warranty or representation of any kind, whether express or implied relating to the beta test of the application or the Services. The application and Services are provided “as is” and Users assume all risk of loss and liability associated with the use of the application and Services.
IN NO EVENT SHALL CLASSIFII BE LIABLE FOR ANY DAMAGES, LIABILITIES, LOSS, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, BUSINESS INTERUPTION OR ANY DAMAGES WHATSOEVER WITHOUT LIMITATION CAUSED BY THE BETA TEST OF THE application AND SERVICES. USERS SHALL BE FULLY RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT OCCUR AND SHALL INDEMNIFY CLASSIFII FOR ANY AND ALL LOSSES OR PENALTIES INCURRED BY CLASSIFII AS A RESULT OF A USER.
GENERAL TERMS OF USE
Classifii owns and operates the Classifii website and applications located at http://www.classifii.com, hosted on the Apple App Store, and the Google Play Store (the “application(s)”) operating as a third-party marketplace and intermediary for Sellers and Buyers to sell and purchase goods privately as between a Seller and a Buyer. Additionally, Classifii offers a clearance house service to provide Sellers the opportunity to drop off goods they independently advertise on the application for inspection by potential Buyers (together these are the “Services”).
All users of the Services acknowledge that Classifii is not an agent for either the Seller or Buyer and as such does not make any representations or warranties on behalf of either party. By using the Services, you agree to hold Classifii harmless for any losses you may incur through the use of the Services.
We reserve the right, at our sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.
It is your responsibility to check for amendments to the Terms of Use.
You accept the amendments by using the application or Services after any amendment is made.
If you have any questions regarding these Terms of Use, please contact us before using the application.
You acknowledge that you have reviewed and agree to the terms of our Privacy Policy [hyperlink to privacy policy], which is incorporated by reference into these terms & conditions and forms part of this agreement, by accessing or using the application.
To access the Services, you may be required to register with us an account using your email address and a password (“your Account”). You are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account.
You represent and warrant that any information you provide in connection with your Account and the Services, is and will remain accurate and complete, and that you will update all the information you have provided as is needed.
You will be solely responsible and liable for any and all loss and harm that we or any other person may incur as a result of any false information or incomplete information you provide.
By using the Services, you agree to the collection, transfer, storage, and use of your personal information by Classifii as outlined in our Privacy Policy.
Use of the Services requires you to be over 18 years of age.
DEFINITIONS
“Account” means the unique account name and password whereby a User is authorized to access and use the Services.
“Buyer” means any User who connects with a Seller with the intent of purchasing goods or items.
"Content" means any content featured or displayed, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software,
applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the application.
“Seller” means any User who advertises a good or item for sale or for free on the Services.
“Services” means the online third-party marketplace and intermediary for Buyers and Sellers to privately sell and purchase goods as between them individually and the clearance house provided for Sellers to drop of goods for inspection by Purchasers.
“Use”, “uses” or “using” mentioned in relation to the application, refers to any interaction between a person and the application, whether direct or otherwise, including, but not limited to, accessing, viewing, commenting, posting, or reading.
"User," “You” and “Your” refers to the person using the application.
“application” means web applications hosted on http(s)://classifii.com and Classifii mobile applications, all of the affiliated webpages, and wherever subscribers interact with, access, or use Classifii content.
BUYING AND SELLING
All agreements made for the purchase or exchange of goods are made directly between users of the application - Sellers and Buyers. The application is a marketplace in which the communication and negotiation between Sellers and Buyers may occur. The clearing house is a third party storefront allowing Sellers and Buyers to comfortably drop off and inspect goods for potential sales without the burdens of traditional online marketplaces.
Classifii does not pre-screen the goods offered by Sellers on the application and makes no representations or warranties as to their ownership or title purpose whatsoever. Buyers must do their own due diligence.
Classifii is a third-party marketplace and intermediary for Buyers and Sellers to sell and purchase goods privately. As a result, we have no control over, and to the extent permitted by law, make no representations, warranties or conditions of the merchantability, suitability, quality, safety or legality of any items advertised by sellers on the application.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items listed on the application.
Sellers represent and warrant that they are the sole owners of the goods they offer for sale on the application.
Any disputes between Buyers and Sellers must be resolved between them. Buyers and Sellers agree to indemnify Classifii for any and all losses or damages that may occur to Classifii as a result of a dispute between Buyers and Sellers.
Classifii prohibits the sale of regulated products and illegal goods and services. It is up to users to ensure that they are not posting any goods that are illegal. Classifii may, at its sole discretion and without notice or penalty whatsoever, remove any item or content that it views as being illegal. Users may report any illegal items to Classifii.
GENERAL
LIMITATION OF LIABILITY
You understand and agree that in no event shall Classifii, or our owners, employees, authorized agents, independent contractors, affiliates and subsidiaries, be liable to you for any damages whatsoever, including any direct, indirect, incidental, consequential, punitive, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether Classifii, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
DISCLAIMER OF WARRANTIES.
We provide the application "as is," without warranty of any kind. We make no express or implied warranties or guarantees about the application including any products, services, advice, information, links, data, images or videos you access, whether posted by us or by third parties. To the maximum extent permitted by law, we expressly disclaim all warranties, whether express, implied or statutory, with respect to the application including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy and non-infringement.
We make no representation or warranty that the information we provide or that is provided through the application is effective, accurate, reliable or correct; that the application will meet Your requirements; that the application will be available at any particular time or location, that the application will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the application is free of viruses or other harmful components.
Our application may contain links to third party applications or websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third party applications or websites. We are not responsible for the content of linked third party applications or websites and do not make any representation regarding the content or accuracy of materials on such third party applications or websites. If you choose to access any linked third party applications or websites, you do so at your own risk.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF THE application AND CLEARING HOUSE SERVICES.
USER CONDUCT AND RIGHT TO TERMINATE ACCOUNTS
WE RESERVE THE RIGHT BUT NOT THE OBLIGATION TO, IN OUR SOLE DISCRETION, DETERMINE WHETHER ANY USER’S CONDUCT IS APPROPRIATE OR COMPLIES WITH THESE TERMS OF USE.
WE MAY DELETE ANY CONTENT, TERMINATE ANY ACCOUNT OR DENY ACCESS TO AND USE OF THE application TO ANY USER FOR ANY REASON, WITH OR WITHOUT PRIOR NOTICE.
YOU ARE NOT ENTITLED TO A REFUND IF WE CHOOSE TO TERMINATE YOUR ACCOUNT OR DENY YOU ACCESS TO THE application.
For your convenience, and without prejudice, the following are examples of prohibited conduct.
Prohibited Conduct
- Share account login information.
- Transmit content that is determined to be spam.
- Transmit content that is determined to be pornographic.
- Transmit content that contains or installs viruses, worms, malware, or other content that is designed or intended to disrupt, damage or limit the function of the application. - Transmit content that contains or installs viruses, worms, malware, or other content that is designed or intended to obtain unauthorized access to any data or other information of any third party.
- Infringe on the proprietary right of any party, such as patents, trademarks, trade secrets, and copyright.
- Infringe on the privacy rights of any party.
- Promote unlawful activities.
- Defame, harass, abuse, or threaten any individual or group.
- Discriminate on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Be false or misleading.
- Harvest or otherwise collect information about others, including email addresses without their consent.
- No unlawful marketing.
You acknowledge that by using the Services, you might be exposed to materials that you consider offensive. Under no circumstances will Classifii be liable in any way for such materials, however you may inform Classifii of any offensive content you observe using the Services. Classifii reserves the right, but not the obligation to regulate content on the application. Classifii shall not be liable for any losses, damages, or harm resulting from such action or inaction.
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, DETERMINE WHETHER YOUR CONDUCT, WHETHER EXPRESSLY PROHIBITED OR NOT, WARRANTS CONTENT DELETION, ACCOUNT TERMINATION, OR DENIAL OF application ACCESS.
PROPERTY RIGHTS
We retain ownership of all intellectual property rights of any kind related to the application, including applicable copyrights, patents, trademarks and other proprietary rights.
Other trademarks, service marks, graphics and logos used in connection with the application and the Service may be the trademarks of third parties. The Agreement does not transfer from us to you any Classifii or third-party intellectual property, and all right, title and interest in and to such property will remain solely with us or with such third party, respectively.
We reserve all rights that are not expressly granted to you under this Agreement.
Classifii Marketplace Inc., and all other identifying marks, proprietary marks, or trademarks that appear, are displayed or are used on the application or as part of the Service are registered or common law trademarks or service marks of Classifii Marketplace Inc.
THESE MARKS MAY NOT BE COPIED, DOWNLOADED, REPRODUCED, USED, MODIFIED OR DISTRIBUTED IN ANY WAY WITHOUT PRIOR WRITTEN PERMISSION FROM CLASSIFII MARKETPLACE INC.
GOVERNING LAW AND CONFLICT RESOLUTION
These Terms of Use shall be interpreted, construed and governed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein.
If you access our application from outside of Canada, you are solely responsible for compliance with all local laws.
Except where prohibited by applicable law, any claim or dispute arising out of or relating to your use of our application which cannot be resolved amicably shall be referred to and finally settled, to the exclusion of the courts, by private and confidential binding arbitration, before a single arbitrator, in Dartmouth, Nova Scotia, Canada, in the English language and governed by Nova Scotia law pursuant to the Arbitration Act (Nova Scotia), as amended from time to time.
ENGLISH LANGUAGE.
You expressly confirm your consent to, and the acceptability of, these terms & conditions and all related documents and correspondence being written in the English language.
Vous confirmez expressément votre consentement à ces termes et conditions ainsi qu'au fait que ceux-ci ainsi que tous autres documents et correspondances qui s'y rapportent seront rédigés dans la langue anglaise.
LIMITATION PERIOD.
Any claim or cause of action you may have with respect to your use of our application must be commenced within one year after the claim or cause of action arose, failing which the claim or cause of action shall be barred due to passage of time.
SEVERABILITY.
If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
ASSIGNMENT.
Classifii may assign or delegate this Agreement, including these Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under this Agreement, including the Terms of Use or Privacy Policy, without Classifii’s prior written consent.
HEADINGS AND SUMMARIES.
The headings, captions and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
ENTIRE AGREEMENT.
This Agreement, in combination with all policies and guidelines of the application (including but not limited to the Privacy Policy) incorporated by reference, constitute the entire agreement between you and Classifii, and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of this Agreement.
REVISIONS TO application AND/OR TERMS OF USE.
We reserve the right, for any reason, at any time and with or without notice to you, to revise our application or these terms of use. We therefore encourage you to review these terms on a regular basis.
BY ACCESSING THE application AFTER REVISIONS HAVE BEEN MADE TO OUR application OR THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE REVISIONS, AND CONSENT TO BE BOUND BY SUCH REVISIONS.
BY ACCESSING THE application, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE, AND CONSENT TO BE BOUND BY THESE TERMS OF USE.
Corporate Information.
Corporation Name: CLASSIFII MARKETPLACE INC.
Incorporating Jurisdiction: Canada (federal)
Registered Office: 1245 Cole Harbour Rd, Unit B, Dartmouth NS B2V 1N1 Corporation Number: 1278261-8
Business Number: 775769060RC0001
Telephone Number: xxx-xxx-xxxx
Email: support@classifii.com
*These terms & conditions were last updated on July 21, 2021.*
Privacy Policy
Information Collection, Use & Security
Classifii Marketplace Inc., is the sole owner of the information collected on this application. We take every precaution to protect and secure our databases and user’s information, and we will not sell, share, or rent this information to others.
Cookies
We use “cookies” on our application. Cookies are text-only pieces of information that a application transfers to your browser for record-keeping purposes. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Cookies allow the application to remember important information that will make your use of the site more convenient. We use cookies for a variety of purposes in order to improve your online experience, for analytics, and for marketing.
You can choose to visit our web sites without cookies, but in some cases certain services, features and functionality may not be available. To visit without cookies, you can configure your browser to reject all cookies or notify you when a cookie is set. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
Analytics
This application uses Google Analytics Advertising features for Interests and Demographics reporting. The information collected uses cookies to serve ads based on someone’s past visit to the Classifii Marketplace Inc. application. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.
If you prefer to opt-out of the Google Analytics Advertising Features, you may do so through Ads Settings, Ad Settings for mobile apps, or any other available means.
IP Addresses
We collect and analyze traffic on our applications by keeping track of the IP addresses of our visitors. We log this information so that we can monitor things like the number of visitors using the applications, analyze trends, administer the site and gather broad demographic information. We do not link your IP address to any personally identifying information.
Links
This application contains links to other applications or websites. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
Contact Information
If you have questions or concerns regarding this Policy, you should email support@classifii.com
Changes to the Privacy Policy
Classifii Marketplace Inc. retains the right to occasionally update this Privacy Policy in response to changing business circumstances and legal developments.