Category: Real Estate Lawyers
The entity you are contracting with is Yaad Links, Pickering, Canada. Our site, www.yaadlinks.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 Links. 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 Links. 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 Links Services, subject to your compliance with this User Agreement, all Yaad Links policies and your payment of any applicable fees.
You may not misuse our abuse our Yaad Links Services. You may use the Yaad Links Services only as permitted by law.
All rights not expressly granted to you in this User Agreement or any other Yaad Links Policy are reserved and retained by Yaad Links, its agents and rights-holders.
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 Links Services. Further, any individual who is unable to enter into a legally binding contract is prohibited from using Yaad Links 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 Links Services is generally free. We may charge fees for certain Yaad Links 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 Links 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 Links 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 Links 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 Links Services, which is used in any way by Yaad Links, 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 Links in relation to the sale and purchase of items and services as stated by Yaad Links, present and future. All content unrelated to the sale and purchase of items and services as stated by Yaad Links are prohibited unless you have received prior approval from Yaad Links.
You are only permitted to exploit the content you create.
Generally, in connection with using or accessing the Yaad Links Services you agree not to:
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 Links Services:
A ‘Listed Item’ will remain listed on the site until:
you must not fail to:
Where there is misuse or abuse of our Yaad Links 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 Links Services. We may also cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Yaad Links 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 Links or for unauthorized or unlawful content on Yaad Links or use of Yaad Links by the users.
We are the proprietors of the Yaad Links 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 Links site (including graphical images, text, video clips, reprographics, sounds, demos, patches and other files) is owned, controlled or licensed by Yaad Links 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 Links material in any other way whatsoever, including for any commercial, profit making or public purpose. Such prohibited use includes:
To request permission to do any of the forgoing prohibited acts write an email to firstname.lastname@example.org. 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 Links 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 Links, 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 Links 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 Links. The information contained on Yaad Links 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 Links 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 Links, 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 Links 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 Links 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 Links website. The content contained in the Yaad Links website is subject to change from time to time, without further notice. We make no warranty that the Yaad Links website will be free from viruses or error-free or that any defects can be corrected. Your use of the Yaad Links site is at your own risk.
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 Links 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 Links 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 Links. 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 Links does not directly or indirectly recommend or endorse the contents of such websites. Yaad Links 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.
Be wary of scammers and people attempting to defraud the community they may target Yaad Links users. Also, remember that Yaad Links does not verify in any way the information its users provide.
We therefore urge you to take the following precautions while using Yaad Links:
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 Links does not offer any sort of protection programs or secure payment systems for products sold on Yaad Links. Therefore, any emails or web sites that talk about such systems are scams, even if they are accompanied by the Yaad Links logo. If you receive any emails promoting these services, please forward the message to email@example.com.
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 Links 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 Links of any attempted fraud or suspicious emails, ads, or other activity by Yaad Links users. In the case of fraud, file a police report and contact us as firstname.lastname@example.org.
Except as otherwise stated, any notices you wish to send must be sent in a written email to email@example.com. 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 Links 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 Links policies.
Any notices to which we wish to draw your attention we will display on the Yaad Links website.
When you use any Yaad Links 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 Links 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.
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 Links 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 Links (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 Links or the use by any other person accessing the Yaad Links 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 Links 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 Links 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 Links website; or for any other reason.
This User Agreement and the other policies expressly referred to within its provisions and/or posted on Yaad Links constitute the entire agreement between you and Yaad Links; they supersede any prior agreements.
Yaad Links 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 Links website, you agree to comply with all terms and conditions, all applicable laws, statutes and regulations relating to the Yaad Links; and any transactions conducted on or through Yaad Links.
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.