REID'S AUCTION CANADA INC
REID'S AUCTION EDMONTON INC
& REID'S AUCTION USA
This agreement describes the terms and conditions regarding your use of our services available under the domain of www.reidsauction.com and the general principles for the Web sites of our subsidiaries including international affiliates. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services. Our companies Reid's Auction (Canada) Inc, Reid’s Auction Edmonton Inc and Reid's Auction USA and www.reidsauction.com will be referred to as Reid's Auction in the rest of this document and the term will represent both entities in their legal rights throughout the documentation.
You must read, agree with and accept all of the terms and conditions, whether set out below or those incorporated by reference, contained in this user agreement before you may become a member of www.reid'sauction.com
As you read this user agreement it is highly recommended that you also access and read the information contained in the other pages and Web sites referred to in this document, as they may contain further terms and conditions that apply to you as a Reid's Auction user. By accepting this user agreement, you also agree that your use of other Reid's Auction Web sites will be governed by the terms and conditions posted on those Web sites and any updates made to this web site www.reidsauction.com.
Reid's Auction reserves the right to amend this agreement at any time by posting the amended terms on this site. Any amendments there to this agreement shall automatically be deemed effective 5 days after their initial posting.
Please contact Reid's Auction (email@example.com) at any time if you have any questions about our services or this Agreement.
SECTION 1 - ELIGIBILITY FOR REID'S AUCTION SERVICE
1.1 Our services are available only to individuals who can form legally binding contracts under applicable law; this means our services are not available to minors (unless the minor’s are supervised or the service is used in conjunction with your parents or guardians) or to temporarily or indefinitely suspended Reid's Auction members. Applicable law is the laws of the Province of Alberta and all parties contracting the use of our services shall hereby submit to the jurisdiction of the Courts of the Province of Alberta. Minors can use this service only in conjunction with your parents or guardians. Your Reid's Auction account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
1.2 Suspension. Reid'sauction.com reserves the right to suspend your account at any point in time for any duration. Factors leading to suspension may include feedback results, failure to adhere with the terms of this agreement or disorderly conduct or abuse of the service provided by Reid's Auction.
SECTION 2 - SERVICE FEES & SERVICES
2.1 Registration to join and bid on items at Reid'sauction.com is Free. For enhanced services, fees are posted under our Fees Schedule. Changes to this policy may be made from time to time and automatically become effective 30 days after the amendment is posted on Reid'sauction.com Decreases in fees or promotional offers (for example, no fees listing days) are effective immediately upon posting.
2.2 When you list an item you will be able to review and accept the fees that will be charged to you for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event of a new introduction of a service, the fees for that service are effective at the launch of the service.
2.3 Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our Web site and all applicable taxes.
SECTION 3 REID'SAUCTION.COM AS A VENUE
3.1 Reid'sauction.com is a site to allow for items to be sold but is not a registered auctioneering company. Our site acts only as a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, including a fixed price or make an offer format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. If you need a registered auctioneer we implore you to call our office and sign a commission structure contract where as we Reid's Auction would be liable for the sale and collection of proceeds on your behalf. Tel (403) 287-1900 or toll free at -1888-896-0019
3.2 Items For Sale Ads. We also offer you the availability to purchase items at a fixed price from a service on an area of our site by Reid'sAuction. This area is a venue that allows users to find and purchase items from other users at a fixed price. Please read the specific terms and conditions that apply to your use of the classified ads section.
3.3 Identity verification. We may or may not use many techniques to identify our users when they register on our site. However, because solely electronic based user verification is difficult, Reid's Auction cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification. You may also visit the business address of the seller if provided.
3.4 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release Reid's Auction (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.5 Information control. We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may also be risks dealing with international traders and foreign nationals. Be safe and check the seller credentials before sending payment for goods. Caution; never send payments to sellers that accept only certified funds and want you to send payment to another address other than the one registered at Reid's Auction. Remember BUYER BEWARE!
SECTION 4 - BIDDING & BUYING ITEMS
4.1 As a buyer, you are obligated to complete the transaction with the seller if you;
• purchase an item through one of our fixed price formats; or
• are the highest bidder at the end of a listing (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is listed in a category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement.
4.2 By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as:
• when the seller materially changes the item's description after you bid
• a clear typographical error is made
• you cannot authenticate the seller's identity
• when the seller does not confirm your purchase.
If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items. Please read shipping instructions and fees. There may be large premiums placed on the shipping and packaging of the item. Some items require special packaging and may require additional cost to be incurred before the shipment of your item. Read all details some sellers do not accept many standard payment practices such as Credit cards, Online Payments etc. Remember you are not only dealing with businesses but also people who are only selling one item for the first time. Communication is vital for a hassle free transaction.
SECTION 5 - LISTING & SELLING ITEMS
5.1 Listing description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All Multiple Item Auctions (Dutch auction) items must be identical. Except for our fixed price format, at any one time you may not promote identical items in more than ten (10) auction-style listings (whether Dutch or regular auction-style) on our site.
5.2 Binding bids. Except for items listed below or in this document, if you receive at least one bid at or above your stated minimum price (or in the case of reserve listings, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the listing's completion, unless there is an exceptional circumstance, such as:
a. the buyer fails to meet the terms of your listing (such as payment method), or
b. you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies, Reid’s Auction may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
5.4 Manipulation. Neither you, as a buyer or a seller may manipulate the price of any item nor may you interfere with other users' listings or transactions.
SECTION 6 - YOUR USER INFORMATION
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area 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.
6.2 Restricted activities. Your Information (or any items listed) 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 be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content;
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:
i. are prohibited under this Agreement;
ii. are identical to other items you have up for listing but are priced lower than your item's reserve or minimum bid amount;
iii. are concurrently listed for sale on a Web site other than Reid’s Auction's (this does not prevent linking to or advertising an ThisWay item from another Web site); or
iv. 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 listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited and Restricted Items (see section 21 for a complete listing of these items).
SECTION 7 - ACCESS, CONTENT & INTERFERENCE
7.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission.
7.2 You agree that you will not use any device, software or routine to bypass, interfere or attempt to interfere with the proper working of the Reid's Auction site or any activities conducted on our site.
7.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
7.4 Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Reid's Auction by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Web site without the prior expressed written permission of Reid's Auction or the appropriate third party.
SECTION 8 - USER FEEDBACK
8.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -3 (minus three), your membership may be suspended, and you may be unable to list or bid.
8.2 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Reid's Auction, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Reid's Auction users, you agree that you shall not market or export your www.reidsauction.com feedback rating in any venue other than a www.reidsauction.com operated Web site.
8.3 Import. We do not provide you the technical ability to import feedback from other (non-Reid's Auction operated) Web sites to Reid's Auction because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
SECTION 9 - BREACH OF CONTRACT
Without limiting other remedies, we may immediately remove your item listings, 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 if:
a. you breach this Agreement or the documents it incorporates by reference;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause financial loss or legal liability for you, our users or us.
SECTION 10 - PRIVACY
SECTION 11 - NO WARRANTY
We, our subsidiaries, employees and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
SECTION 12 - LIABILITY LIMIT
In no event shall Reid's Auction, our subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
Our liability, and the liability of our subsidiaries, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of:
a. the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and b. $100. Some provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SECTION 13 - INDEMNITY
You agree to indemnify and hold us and (as applicable) 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.
SECTION 14 - LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
SECTION 15 - NO AGENCY
You and ThisWay.ca are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
SECTION 16 - NOTICES
16.1 Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Reid's Auction. Attn: Legal Department 4636 1 ST SE Calgary, Alberta T2G2L2 (in the case of www.reidsauction.com) or to the email address you provide to Reid's Auction during the registration process (in your case).
16.2 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 Reid's Auction during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
SECTION 17 - ARBITRATION / DISPUTES
17.1 Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Reid's Auction to collect our fees and/or recover damages for, or obtain an injunction relating to, the www.reidsauction.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
17.2 You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Reid’s Auction exclusively in a provincial or federal court located in Calgary, Alberta Canada. The laws of Canada will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Calgary, Alberta Canada for the purpose of litigating all such claims.
17.3If anyone brings a claim against us related to your actions, content or information on www.Reidsauction.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
17.4 We try to keep www.reidsauction.com up, bug-free, and safe, but you use it at your own risk. We are providing www.reidsauction.com "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that www.reidsauction.com will be safe or secure. www.reidsauction.com / Reids Auction is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a Canadian resident, you waive and and all Canadian Laws, which state: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or www.reidsauction.com, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or www.reidsauction.com will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, www.reidsauction.com or Reid’s Auction’s liability will be limited to the fullest extent permitted by applicable law.
17.5 The arbitration shall be conducted in Calgary, Alberta Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Reid's Auction may seek any interim or preliminary relief from a court of competent jurisdiction in Calgary, Alberta Canada necessary to protect the rights or property of you or Reid's Auction pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.
SECTION 18 - GENERAL
18.1 This Agreement shall be governed in all respects by the laws of the Province of Alberta as such laws are applied to agreements entered into and to be performed entirely within Alberta between Canadian residents. 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.
18.2 You agree that this Agreement and all incorporated agreements may be automatically assigned by Reid's Auction, in our sole discretion, to a third party in the event of a merger or acquisition. 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.
18.3 This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by Reid's Auction., located at 4636 1st Street South East Calgary, AB T2G 2L2. If you are an Alberta resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. For more information, please visit the Fee Section below.
20. FEES SCHEDULE
A contract between Reid's Auction and yourselves will be signed before use of this site is athorized.
21. PROHIBITED AND RESTRICTED ITEMS LIST
• Academic Software
• Alcohol - can only be sold by licensed merchants.
• Animals and Wildlife Products – these have very tight restrictions and you should check with Fish and Wildlife before listing and animal and wildlife products. Fines range up to $50,000.00.
• Authenticity Disclaimers – see below for an example.
• Autographed Items – cannot be sold as authentic autographs unless proof can be verified that the autograph is an original. If you cannot authenticate the autograph do not guarantee its authenticity.
• Batteries can be sold if packaged in their original packaging with expire dates.
• Beta Software
• Bootleg Recordings
• Brand Names cannot be used unless they were part of the originally purchased item. Misuse of brand names will result in a suspension.
• Copyrights cannot be sold on this site.
• Contracts cannot be sold on this site.
• Ticket can be sold for the price indicated on the ticket.
• Counterfeit Currency and Stamps
• Counterfeit Items
• Credit Cards
• Downloadable Media
• Drugs & Drug Paraphernalia
• Embargoed Goods – these cannot be sold to Prohibited Countries
• Event Tickets – must be sold for the price indicated on the ticket.
• Faces, Names and Signatures
• Firearms, Ammunition, Replicas, and Militaria – please check on licenses needed to sell these types of products.
• Fireworks - can only be sold by licensed merchants.
• Food - can only be sold by licensed merchants.
• Freon and Other Refrigerants - can only be sold by licensed merchants.
• Any Software or Games – only originals can be sold no copies or duplicates.
• Government IDs and Licenses
• Hazardous, Restricted, and Perishable Items - can only be sold by licensed merchants to qualified buyers of those products.
• Persons, Human Parts, Bodies and Remains
• Image or Description Theft
• Importation of Goods into Canada
• Lottery Tickets
• Personal Information
• Mature Items – The seller is responsible for the sale of these goods to legitimate and legal buyers of these goods.
• Mod Chips
• OEM Software
• Offensive Material – will result in an immediate suspension.
• Pesticides – may only be sold by licensed merchants. These goods must be in their original sealed packages.
• Plants and seeds – can only be sold in the city they originate from.
• Prescription Drugs and Devices - can only be sold by licensed merchants.
• Recalled Items
• Recordable Media
• Replica and Counterfeit Items
• Satellite and Cable TV Descrambers
• Slot Machines
• Stocks and Other Securities
• Stolen Property
• Tobacco - can only be sold by licensed merchants.
• Unauthorized Copies
• Weapons & Knives – these items can be sold but must meet law enforcement regulations.
• Wine - can only be sold by licensed merchants.
SECTION 22 - SERVICE ADS SECTION - UPCOMING
This section is for classified ads that you would find in your yellow pages. In this section business and individuals can place ads for specific services that they supply for an hourly rate. Some examples would be plumbers, movers, carpenters, couriers, etc. This section along with the web stores section will allow you to build a virtual store to sell your products and services.
SECTION 23 - WEB STORES SECTION - UPCOMING
Your web store will be a collection of information that describes your company, the services you provide and the products you sell through your business. Potential and current customers will visit your web store and gather valuable information on your business practices and will be able buy products as well as book services online in the convenience of their homes or offices. The most important aspect of the web store and ThisWay.ca is the ability of your customers to rate you as a business on an individual experience basis. Through user feedback the customer will provide you with some valuable information on how your company providing service and if that service needs revamping. Users will be able to leave comments every time you provide a customer with either a service or product. Your companies reputation and future business is built on customers and this system is built to reward goods companies that provide the best service. Poorly rated companies will be weeded out quickly and you will find that customers will enjoy the ability to rate the companies they use everyday. The advantage to the individual companies is the information the site will provide to their customers. Customers will be able to access the web to answer simple questions and will free up your phones for more important inquires. Fees for building your own web site on our system is listed in the Fee Schedule above.
SECTION 24 - ITEMS FOR SALE
24.1 If you wish to place a classified ad for a product please do so through our auction ads with the reserve option set to the amount that you want for the item. By doing this you will not only find out how much your item is worth but will get good offers on the products you have for sale. If the item does not fetch the amount that you have place in your reserve you can either re-list your item or accept an offer placed on the item through the bidding process.
24.2 Thank you for reading this agreement and hopefully your visit to the Reid's Auction site is enjoyable. The Internet can be a great tool when used properly but become a nightmare if users abuse the system. Be careful when listing goods on the site that they do not violate any Canadian laws or break any of the rules listed above. By accepting these terms you are bound by them and it will be enforced by legal means if any user does not abide by the rules set forth by this agreement.
SECTION 25 - ADDITIONAL INFORMATION
25.1 Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
25.2 Disputes between you and Reid's Auction regarding our services may be reported to firstname.lastname@example.org . We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
The future of auction eCommerce is Reid's Auction.