This is an agreement between you and Kwikemarket Online Classifieds Advertising Limited (“Kwikemarket” or “we” or “our” or “us”) which governs your access to and use of the Kwikemarket website.
By viewing, using or posting an ad to the Kwikemarket website, you agree to be bound by these Terms. If you are using the Kwikemarket website on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Kwikemarket website only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations. You may use the Kwikemarket website only if you have the power to form a contract with Kwikemarket and are not barred under any applicable laws from doing so. The Kwikemarket website may continue to change over time as we refine and add more features. We may stop, suspend or modify the Kwikemarket website at any time without prior notice to you. We may also remove any content from the Kwikemarket website at our sole discretion.
If you do not accept these Terms, please do not use the Kwikemarket website. If you use the Kwikemarket website from a country other than Canada, you are still responsible for compliance with these Terms.
2. ACCESSING THE SITE AND ACCOUNT SECURITY
Kwikemarket reserves the right to withdraw or amend, even dramatically, the Kwikemarket website, and any service or material we provide on the Kwikemarket website, in our sole discretion without notice. Kwikemarket will not be liable if for any reason all or any part of the Kwikemarket website is unavailable at any time or for any period.
If you set up an account on the Kwikemarket website, you may be provided with a secure user name, password or other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security of the Kwikemarket website which you become aware of. You also agree to ensure that you exit from your account using the proper sign-out procedures at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In the future, you may be asked to provide certain registration details or other information. It is a condition of your use of the Kwikemarket website that all information you provide on the Kwikemarket website is correct, current and complete.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, and otherwise terminate your right to use the Kwikemarket website, at any time in our sole discretion for any or no reason, including without limitation if in our opinion you have failed to comply with any provision of these Terms.
3. KWIKEMARKET'S INTELLECTUAL PROPERTY
The Kwikemarket website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and all intellectual property rights therein, are owned exclusively by Kwikemarket, its licensors or other providers of such material and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The trademarks, logos, service marks and other names and icons identifying products and services on the Kwikemarket website are registered and unregistered trademarks of Kwikemarket and others, and, except as expressly permitted by these Terms, may not be reproduced without our prior written consent.
Kwikemarket hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to view, copy and print the documents, related graphics and materials published on the Kwikemarket website subject to the following limitations and other conditions:
If you wish to make any use of material on the Kwikemarket website other than as set out in this section, please address your request for consent to .
If you use any part of the Kwikemarket website in breach of these Terms, your right to use the Kwikemarket website will cease immediately and you must destroy any copies of the materials you have made. No right, title or interest in or to the Kwikemarket website or any content on the Kwikemarket website is transferred to you under these Terms or otherwise, and all rights not expressly granted are retained by Kwikemarket. Any use of the Kwikemarket website not expressly permitted herein is a breach of these Terms and may violate copyright, trademark and other laws.
4. INTELLECTUAL PROPERTY RIGHTS OF OTHERS
Kwikemarket respects the intellectual property rights of others and expects users of the Kwikemarket website to do the same. Please do not copy, upload, download or share content or data unless you have the right to do so. You, not Kwikemarket, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Kwikemarket website.
We reserve the right to remove any content submitted to or through the Kwikemarket website which is in violation of the intellectual property rights of others, without prior notice and at our sole discretion. In appropriate circumstances, Kwikemarket will also terminate a user’s account if the user is determined to be a repeat violator.
If you believe that any content on the Kwikemarket website violates your copyright, please contact us at for instructions or send us a notice of copyright infringement. It is the policy of the Kwikemarket to terminate the user accounts of repeat infringers.
5. PROHIBITED USES
You may use the Kwikemarket website only for lawful purposes and in accordance with these Terms. You agree NOT to use the Kwikemarket website:
Additionally, you agree NOT to:
6. USER CONTENT
The Kwikemarket website contains user generated ads and other content, and also may contain message boards, personal profiles and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Kwikemarket website.
All User Content must comply with the Content Standards set out below.
We claim no intellectual property rights over the User Content. Your profile and materials uploaded remain yours. However, you agree that your User Content will be treated as non-confidential and non-proprietary and you agree to allow others to view, comment and branch your User Content. You hereby grant to Kwikemarket a perpetual, irrevocable, paid-up, sub-licensable, assignable, worldwide license to use, copy, distribute and disclose to third parties any such User Content for any purpose whatsoever, including commercial purposes. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant to Kwikemarket the license granted above. You represent and warrant that all of your User Content does and will comply with these Terms.
Any feedback, comments or suggestions you may provide regarding Kwikemarket and/or the Kwikemarket website is entirely voluntary and we reserve the right to use or not use such feedback, comments or suggestions without obligation.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Kwikemarket, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any User Content uploaded, expressed or submitted to the Kwikemarket website, other than the content provided by Kwikemarket, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Kwikemarket. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Kwikemarket website.
7. CONTENT STANDARDS
The content standards set out in this paragraph (the “Content Standards”) apply to any and all User Content and Interactive Services. User Content must comply with all applicable local, provincial, national, and international laws, rules and regulations. Without limiting the foregoing, User Content must NOT:
8. MONITORING AND ENFORCEMENT OF USER CONTENT; TERMINATION
Kwikemarket has the right to do one or more of the following:
All ads and material posted will be reviewed by an automated system as well as a manual flagging system that is in place for our users to alert us to any misconduct or breach of our terms of service. Ads flagged will be reviewed and removed within 24 hours if they are found to be in violation of our terms. Kwikemarket reserves the right to review all posts and all material manually before it becomes visible on our site.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and that any violation of any law, in any jurisdiction, in any country, or any political subdivision thereof, is strictly prohibited by Kwikemarket.
9. THE KWIKEMARKET WEBSITE IS AVAILABLE "AS-IS"
Your use of the kwikemarket website is at your own risk. You understand and agree that the kwikemarket website is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, kwikemarket and its subsidiaries, directors, officers, employees, agents, partners, licensors and affiliates, and their respective directors, officers and employees disclaim any warranties, guarantees or conditions, express or implied, including but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, availability, uninterrupted or error-free operation, non-infringement, accuracy, completeness, currency, security, reliability, timeliness, legality, suitability, privacy or those arising by law, statute, usage of trade, or course of dealing. Kwikemarket, its subsidiaries, directors, officers, employees, agents, partners, licensors and affiliates, and their respective directors, officers and employees, assume no responsibility for errors or omissions.
Kwikemarket is not responsible for any content that you may find undesirable or objectionable. Kwikemarket disclaims any liability for unauthorized use or reproduction of any portion of the kwikemarket website. Accessing the kwikemarket website from territories where such access may be illegal is prohibited.
Kwikemarket will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your use of the kwikemarket website. You also agree that kwikemarket has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communications maintained by the kwikemarket website. No advice or information, whether oral or written, obtained from kwikemarket or through the kwikemarket website, will create any warranty not expressly made herein.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, kwikemarket, its subsidiaries, directors, officers, employees, agents, partners, licensors and affiliates, and their respective directors, officers and employees, will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind, including without limitation, personal injury or death, loss of profits, data, use, good-will, or other intangible losses, resulting from
(i) Your access to or use of or inability to access or use the kwikemarket website.
(ii) Any conduct or user content of any third party on the kwikemarket website, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties.
(iii) Any content obtained from the kwikemarket website.
(iv) Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not kwikemarket has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree that your exclusive and sole remedy is to stop using the kwikemarket website.
You agree at all times to indemnify Kwikemarket and its directors, officers, employees, agents, partners, licensors and affiliates against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Kwikemarket directly or indirectly in respect of
(i) Your violation of the Terms.
(ii) Your User Content.
(iii) Your use of the Kwikemarket website, or any other person accessing the Kwikemarket website using your account.
12. LINKS TO OTHER SITES
The Kwikemarket website may contain links to third-party websites or resources. You acknowledge and agree that Kwikemarket is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, approval, association, or sponsorship by Kwikemarket of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
14. FEES, CURRENCY, SHIPPING, AND REFUND POLICY
Unless stated otherwise, all pricing on the Kwikemarket website is shown in Canadian dollars. We accept the following forms of payment: VISA, MasterCard, Interac, Money Order, or Money Transfer. Kwikemarket may impose a fee on the posting of User Content in certain areas of the Kwikemarket website.
Claims for refunds or credit will be considered by Kwikemarket on a case-by-case basis, but under no circumstances will Kwikemarket be obligated to provide a refund or credit, including without limitation in the event that your ad is cancelled, you misplace your ad or your ad or User Content is removed from fee-based areas for violation of these Terms. If Kwikemarket determines in its sole discretion to offer a refund or credit in respect of an amount paid by you (or a portion thereof), it will notify you and such refund or credit will be provided on any terms and conditions imposed by Kwikemarket at the time such notification is delivered to you. All claims for refunds or credit should be delivered to .
16. MISCELLANEOUS LEGAL TERMS
By accessing the Kwikemarket website, you agree that all matters relating to your use of the Kwikemarket website and these Terms will be governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia. You further agree and hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of British Columbia with respect to any disputes. Notwithstanding the foregoing, you are responsible for complying with your own local laws.
The failure of Kwikemarket to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any provision of these Terms will be binding on Kwikemarket unless executed by Kwikemarket in writing. No waiver of any of the provisions of these Terms will be deemed or will constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver unless otherwise expressly provided.
In the event that any provision of these Terms is held to be invalid or unenforceable, that provision will be severed from the balance of these Terms, and the remaining provisions of these Terms will remain in full force and effect.
You may not assign any of your rights under these Terms, and any such attempt is void. Kwikemarket may assign its rights to any of its affiliates, subsidiaries or any purchaser of assets relating to the Kwikemarket website.
17. QUESTION / COMMENTS
If you have any questions or comments about these Terms, please contact us at .
Please report any violations of these Terms to .