The entity you are contracting with is Yaad Market Inc., Pickering, Canada. Our site, www.yaadmarket.com, is a marketplace that allows users to offer, sell and buy agricultural produce, other products and services as decided by the manager(s) of Yaad Market Inc. The actual contract of sale is between the seller and buyer. We do not have and never intend to have any contractual involvement in your transactions and at no stage auction, buy or sell or purport to auction, barter/trade, buy or sell any of the products displayed on Yaad Market Inc.. Disputes between the buyer and seller, are deemed to be confined to the buyer and seller, we will not become involved. You must take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access Yaad Market Inc. Services, subject to your compliance with this User Agreement, all Yaad Market Inc. policies and your payment of any applicable fees.
You may not misuse our abuse our Yaad Market Inc. Services. You may use the Yaad Market Inc. Services only as permitted by law.
All rights not expressly granted to you in this User Agreement or any other Yaad Market Inc. Policy are reserved and retained by Yaad Market Inc., its agents and rights-holders.
Registration and Qualification to use the Services.
You will be required to register with us and set up an account with your email address and a password (your “Account”).
Only adults, (individuals 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use Yaad Market Inc. Services. Further, any individual who is unable to enter into a legally binding contract is prohibited from using Yaad Market Inc. Services. By registering you are making a statement, upon which we are entitled to rely that you are age 18 or older and capable of forming a legally binding contract.
Using Yaad Market Inc. Services is generally free. We may charge fees for certain Yaad Market Inc. Services. Where applicable, you will be informed of such fee, which you will be able to review and accept before it is charged.
Our fees are quoted in United States of America (USA) Dollars, and we may change them from time to time, temporarily or permanently for promotional events or new services. We will notify you of any changes to the fees charged by posting such changes on our site; such changes are to be deemed effective upon the announcement of the change on the site.
To the extent permitted by law the fees charged are non-refundable even for posts we remove. You are therefore, responsible for paying them when they are due. If you fail to pay we may limit your ability to use Yaad Market Inc. Services. If your payment method fails or your account is over 180 days past due, we may collect fees owed using other collection mechanisms, including deducting the amount owed from your Paypal account balance.
The email address, and password you provide will enable Account access, and use of Yaad Market Inc. Services; your Account is also our primary way of communicating with you. Therefore, you may not share your Account information with or transfer them to any third parties. Protect your Account and make your password difficult for others to guess. You are solely responsible for maintaining confidentiality of your password and all activities occurring under your Account. If there is unauthorised use of your account or any other breach of security regarding the Services you must immediately inform us of such unauthorised use or breach of security.
When providing us with content or causing content to be posted using Yaad Market Inc. Services , you grant us a non-exclusive, worldwide, perpetual , irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any intellectual property or publicity rights against us, our sub-licensees or our assignees.
You represent and warrant that all content you provide to us or other users of Yaad Market Inc. Services, which is used in any way by Yaad Market Inc., its servants, agents and or users is legal, decent, honest and truthful, and does not infringe third party rights, contain any viruses, or other malicious computer programming routines and or links to other websites.
We rely on users of the site to ensure that the information provided is accurate, we make no warranties, whether express or implied in relation to its accuracy. Therefore, without prejudice to the foregoing, you also represent and warrant that all the information you provide is accurate and complete. In particular, you represent and warrant that all registration details contain your correct name, address, credit or debit card number and other requested details.
You must only post content and use Yaad Market Inc. Services in relation to the sale and purchase of agricultural produce or any other purpose of Yaad Market Inc., present and future. All content unrelated to the sale and purchase of produce and any other purpose of Yaad Market Inc. are prohibited unless you have received prior approval from Yaad Market Inc..
You are only permitted to exploit the content you create.
Generally, in connection with using or accessing the Yaad Market Inc. Services you agree not to:
- violate Yaad Market Inc. policies included in this User Agreement or any other Yaad Market Inc. policy;
- post, list, upload or otherwise publish or cause to be posted, listed, uploaded or otherwise published:
- explicit information including any type of porn, nudity or erotic content;
- offensive or obscene material;
- discriminatory content or hate speech;
- false or misleading content;
- infringing material, whether to any third party rights or laws; or
- defamatory or libellous content;
- use a false email address;
- cyber bully or stalk another Yaad Market Inc. user;
- impersonate any person or entity or be misleading in any way as to your card information or other content;
- copy or distribute any other person’s content;
- distribute viruses or any other technologies that may harm Yaad Market Inc. or the interest or property of Yaad Market Inc. and its other users;
- impose an unreasonable load on Yaad Market Inc.’s infrastructure or interfere with the proper working of Yaad Market Inc.;
- use data mining, robots, spider, scraper or similar data gathering and extraction tools to use Yaad Market Inc. and collect content for any purpose without express written permission;
- harvest or otherwise collect information about others, including email addresses with their consent; and
- circumvent any technical measures used to provide Yaad Market Inc. Services;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- manipulate the price of any item or interfere with any other user’s listings;
- take any action that may undermine the feedback or ratings systems
- transfer your Yaad Market Inc. account (including Feedback) and user ID to another party without our written consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- export or re-export any Yaad Market Inc. application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Yaad Market Inc., or that comes from the Services and belongs to another Yaad Market Inc. user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Yaad Market Inc. and/or any other party holding the right to license such use;
- commercialize any Yaad Market Inc. application or any information or software associated with such application; or
- use Yaad Market Inc. for illegal purposes, whatsoever.
Listing, Selling and Buying Rules
In relation to the buying and selling of goods and all the goods you sell or offer for sale through the Yaad Market Inc. Services:
- you must be the absolute unencumbered legal owner with the right to sell the goods offered for sale; and
- your sale or the use of the goods must not infringe any third party rights or be unlawful in any way and the goods must not prohibited under your local law;
- If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’);
- Once you post the Listing Information, the item becomes ‘a Listed Item’. Once an item becomes a ‘Listed Item’, you are making an irrevocable offer to auction or sell;
A ‘Listed Item’ will remain listed on the site until:
- it is sold;
- the seller-specified listed time expires; or
- we receive written notice via email from you that you wish to de-list it; and
you must not fail to:
- deliver items sold by you, unless you have a valid reason, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; and
- pay for items purchased by you, unless you have a valid reason, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller; and
- If you are a buyer (potential or actual), you are responsible for reading the full item listing before making a bid or commitment to buy;
Where there is misuse or abuse of our Yaad Market Inc. Services in any of the foregoing respects we reserve at our sole discretion and without limiting other remedies to limit, suspend, or terminate your user account(s) and/or access to all or part of our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, remove content, reduce or eliminate any discounts, cause restricted access to your funds and take technical and/or legal steps to prevent you from using our Yaad Market Inc. Services. We may also cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Yaad Market Inc. Services.
Additionally, we reserve the right to report all illegal activity to the local and international authorities including the police.
However, whether or not we decide to take any of the steps outlined above we do not accept any liability for monitoring Yaad Market Inc. or for unauthorized or unlawful content on Yaad Market Inc. or use of Yaad Market Inc. by the users.
We are the proprietors of the Yaad Market Inc. trade mark, trade and brand name, and get-up. All other trade marks, trade and brand names, product names and titles, and company names or logos cited herein are the property of their respective owners. We, therefore, give no permission to use any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
Unless otherwise expressly stated, copyright, database right or similar rights in all material presented on this Yaad Market Inc. site (including graphical images, text, video clips, reprographics, sounds, demos, patches and other files) is owned, controlled or licensed by Yaad Market Inc. or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights.
You have permission to display, print or download extracts from these pages only for your personal, non-commercial, and non-profit use only.
Otherwise, without prior written consent, you shall not be entitled to use Yaad Market Inc. material in any other way whatsoever, including for any commercial, profit making or public purpose. Such prohibited use includes:
- creating a database in an electronic or other form by downloading and storing all or any part of the pages from Yaad Market Inc.;
- reproducing or transmitting to or storing in any other website any part of Yaad Market Inc.;
- disseminating in any electronic or non-electronic form, or including in any public or private electronic retrieval system or service any of its pages or parts thereof;
- linking to the Yaad Market Inc. website;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yaad Market Inc.;
- using any meta tags or any other “hidden text” utilizing Yaad Market Inc.’s name or trademarks
- amending, republishing, distributing, reproducing, adapting or modifying, selling, licensing, download any of the materials on Yaad Market Inc.; or
- use any of the materials for public performance.
To request permission to do any of the forgoing prohibited acts write an email to email@example.com. We reserve the right to revoke any permission granted at any time for any reason. Further, the permission granted terminates automatically if you breach any of these terms or other Yaad Market Inc. policies
Note also, that nothing on this Site or your use of any of the services shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of the owners and operators of Yaad Market Inc., its affiliates or any third party, whether implied or otherwise, save as expressly provided.
We are providing this site on an ‘as is’ and ‘as available’ basis and make no representations or warranties of any kind with respect to Yaad Market Inc. or its contents and disclaim all such representations and warranties.
Additionally, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on Yaad Market Inc.. The information contained on Yaad Market Inc. may contain technical inaccuracies or typographical errors. We expressly exclude to the fullest extent permitted by law all liability of howsoever arising for any such inaccuracies or errors.
We, nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of our Yaad Market Inc. site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, where any of the forgoing exclusions and limitations are prohibited under any law of your jurisdiction, such disclaimers are not meant to apply to you. Further, none of these disclaimers are intended in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
By offering information, products or services via Yaad Market Inc., no solicitation is made by us to any person to use such information, products or services in any jurisdiction where the provision of such information, products or services are prohibited by law.
We will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through the Yaad Market Inc. website including, in particular, any third party content or comments, photos, product reviews, endorsements, opinions, comments or other testimonials or any other specific online user activities.
We will use reasonable endeavours to ensure that the information we upload to the Yaad Market Inc. website is accurate and up to date. However, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in the Yaad Market Inc. website. The content contained in the Yaad Market Inc. website is subject to change from time to time, without further notice. We make no warranty that the Yaad Market Inc. website will be free from viruses or error-free or that any defects can be corrected. Your use of the Yaad Market Inc. site is at your own risk.
Availability of the Site , Events beyond Control
Further, while we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect the Services we offer. However, you agree that despite such interruption Yaad Market Inc. will not be in breach of the User Agreement or otherwise be liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdowns of systems or network access, flood, fire, explosion or accident.
We reserve the right to change this User Agreement and any other Yaad Market Inc. policy at any time, at our sole discretion. Amendments will take effect when posted on our website, but the terms current as at the start of a particular transaction will apply until the transaction is completed. Where the revision is material we will try to provide at least 14 days’ notice prior to any new terms taking effect. Note though, that what constitutes a material change will be determined at our sole discretion.
We do not accept any responsibility for the content of any external websites which we link to or which may link to Yaad Market Inc.. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites. Accordingly, you acknowledge and agree that access to any external or linked websites shall be at your sole risk. By accessing such external linked websites, you accept and undertake to us that you have chosen to enter website at your sole discretion and risk. You accept and acknowledge that Yaad Market Inc. does not directly or indirectly recommend or endorse the contents of such websites. Yaad Market Inc. shall not under any circumstances be responsible for the availability of such external sites or resources. By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content.
Precautions to take while using Yaad Market Inc.
Be wary of scammers and people attempting to defraud the community they may target Yaad Market Inc. users. Also, remember that Yaad Market Inc. does not verify in any way the information its users provide.
We therefore urge you to take the following precautions while using Yaad Market Inc.:
When buying and selling locally, you should meet in-person in a public place with many people around and thoroughly inspect the product before paying for it.
Instead of carrying cash consider paying for your item online using Paypal, a reputable company, which allows you to securely link your bank account, your credit cards or your Visa Debit; and to make quick and easy payments. Never mail a cheque or wire money to sellers.
Avoid services like Amazon Payments, Google Wallet, Android Pay, Canada Post, Western Union or MoneyGram. Scammers will use these services and will even falsify documents
Do not give out personal or banking information over the Internet (e.g. social insurance/ security number, bank account number).
Yaad Market Inc. does not offer any sort of protection programs or secure payment systems for products sold on Yaad Market Inc.. Therefore, any emails or web sites that talk about such systems are scams, even if they are accompanied by the Yaad Market Inc. logo. If you receive any emails promoting these services, please forward the message to firstname.lastname@example.org.
Where you have not made any request to change your password or email address, or confirm your account do not respond to emails asking for such information. These emails are very often phishing emails by scammers trying to gain access to your account. Any emails we send requiring you to log in will bring you directly to our site. Moreover, the Yaad Market Inc. sign-in page should always show up as being secure in your web browser.
Be aware of common scams.
Use common sense, and try to avoid too good to be true ‘deals’.
Inform Yaad Market Inc. of any attempted fraud or suspicious emails, ads, or other activity by Yaad Market Inc. users. In the case of fraud, file a police report and contact us as email@example.com.
Notices and Contact Information
Except as otherwise stated, any notices you wish to send must be sent in a written email to firstname.lastname@example.org. With respect to intellectual property violations including copyright, trade mark and geographical indications please send us an email with the subject heading “Intellectual Property Rights Infringement” giving the physical signature of the person authorized to act on behalf of the owner of the intellectual property interest, your address, telephone number, and e-mail address; describing the intellectual property work or right that you claim has been infringed and where the infringing material is located on the Yaad Market Inc. site; and stating that you have a good-faith belief that the disputed use is not authorized by the intellectual property rights owner, its agents, or the law; and declaring, subject to the penalty of perjury that the information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the intellectual property right owner’s behalf.
Note, however, that the fact that we record your complaints and do investigations upon obtaining your complaints does not mean that we accept liability in connection to the complaints, whether or not the investigations were improper, incomplete or not thorough; and could have lessened the damages incurred.
Additionally, you should email us if you have any questions about this User Agreement or any other Yaad Market Inc. policies.
Any notices to which we wish to draw your attention we will display on the Yaad Market Inc. website.
When you use any Yaad Market Inc. Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the other Yaad Market Inc. Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
General Release and indemnification
As aforementioned, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to buy them.
Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings, or the capacity of any seller or any buyer to transact.
Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using our Yaad Market Inc. Services.
You agree fully to waive any claim you may have against us and indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, breaches, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through Yaad Market Inc. (including comments, photos, product reviews, endorsements, opinions, testimonials) or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of Yaad Market Inc. or the use by any other person accessing the Yaad Market Inc. using your shopping account and/or your personal data and information.
However, we reserve the right, at our own expense, to assume the exclusive defence and control of any matter which is subject to indemnification by you; but doing so will not excuse your indemnity obligations.
This waiver and indemnity shall not apply in the event of any fraud or willful misconduct by us.
Where you breach or induce others to breach this User Agreement and/or other Yaad Market Inc. policies you must pay us as a reasonable estimate of our damages in United States currency, for items of loss which are hard to calculate as follows: : $0.10 per server request, $1.00 per post, email, flag or account created, $1 per item of personal and contact information collected, and $1000.00 per software distribution, capped at $25,000.00 per day.
Yaad Market Inc. has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services at any time without further notice. If you act inconsistently and in breach of this User Agreement and any other applicable polices on the Yaad Market Inc. website; or for any other reason.
This User Agreement and the other policies expressly referred to within its provisions and/or posted on Yaad Market Inc. constitute the entire agreement between you and Yaad Market Inc.; they supersede any prior agreements.
Compliance with Terms and Laws
Yaad Market Inc. may be used only for lawful purposes and in a lawful manner, subject always to the Yaadstick User Agreement and other policies. By access and use of the Yaad Market Inc. website, you agree to comply with all terms and conditions, all applicable laws, statutes and regulations relating to the Yaad Market Inc.; and any transactions conducted on or through Yaad Market Inc..
This agreement is governed by the laws of Canada. Any dispute, which cannot be resolved between us, shall be subject to the exclusive jurisdiction of the courts of Canada.
You also agree to only bring claims on an individual basis and not to bring or take part in a class action or representative suit against us, unless otherwise agreed.
Further, if we don’t enforce any particular provision, we are not waiving out right to do so later.
If any part of the terms of this User Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.