The User Agreement below is effective for all users on April 11th, 2012.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH YKTRADER CLASSIFIEDS LTD OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for YKTrader Classifieds Ltd(the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and subdomains of YKTrader.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services. You must read, agree with and accept all of the terms and conditions contained in this Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of YKTrader.com. We may amend this Agreement at any time by posting the amended terms on our site. All amended terms shall automatically be effective imediatly after they are posted on our site. In addition, we will notify you via the email address that you registered with. This Agreement may not be otherwise amended except in a writing signed by you and YKTrader Classifieds Ltd. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on April 11th, 2012 for all users registered.
Fees and Services
Joining, posting (most ads except those showing a fee at the time of listing) and looking at ads at YKTrader.com is free. We do charge a modest fee for posting ads in certain categories and using certain features through our Site, when you list an item you have an opportunity to review and accept the fees that you will be charged. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
Posting and Selling
Posting Description. You must be able to sell the item(s) you post for sale on the Site. You must describe your item and all terms of sale on the posting page of the Site. Your postings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All posted items must be posted in an appropriate category.
Contacting YKTrader Users
"Email seller" feature. It is not acceptable and is strictly prohibited to use the "Email seller" feature on YKTrader.com for the purpose of soliciting business or advertising. Deeming an email to be of a soliciting or advertising nature is at the sole discretion of YKTrader Classifieds Ltd and cannot be disputed.
Notification emails from YKTrader Classifieds Ltd. You agree to receive notification emails from YKTrader Classifieds Ltd. from time to time to let you know about new features, updates and important announcements about the service.
3.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration or posting process or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
3.2 Restricted Activities. Your Information (or any items posted) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall not be posted; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the posting fee, could cause us to violate any applicable law, statute, ordinance or regulation.
Without limiting other remedies, we may limit your activity, immediately remove your item postings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.
YKTrader Classifieds Ltd reserves the right to disclose to the proper authorities for investigative purposes any information it received containing alleged or suspected fraudulent or other illegal content.
WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT.
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
You and YKTrader Classifieds Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by registered mail to YKTrader Classifieds Ltd, Attn: Robin Sutherland 71 Illingworth Close, Red Deer, AB, T4R 0B1 (in the case of YKTrader Classifieds Ltd) or to the email address you provide to YKTrader during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to YKTrader Classifieds Ltd during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and YKTrader Classifieds Ltd, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and YKTrader Classifieds Ltd agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved as mutually agreed upon in writing by the parties. We strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
This Agreement shall be governed in all respects by the laws of the Northwest Territories and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by YKTrader Classifieds Ltd in accordance with Section 11"Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 1 (Fees and Services) with respect to fees owed for our services, 3.3 (License), 6 (No Warranty), 7 (No Liability), 8 (Indemnity) and 12 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
Contracts in English
It is the express wish of the parties that this document and any related documents be drawn up and executed in English.
Disputes between you and YKTrader Classifieds Ltd regarding our Site may be reported to Customer Support. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general or a certified mediation or arbitration entity.