Moving-Sale.ca - A Marketplace for tenants in Ottawa, Ontario, Canada

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Register now to advertise your items for your moving sale. It's simple and free. We will not rent or sell your personal information to any third party, period!. Learn more about our privacy policy.
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Create your User Name and Password to use on Moving-Sale.ca. Your username identifies you as the Seller in your moving sale ad. This is the name a potential buyer will use when contacting you about your ad.
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Welcome to Moving-Sale.ca, which is owned and operated by Tropical Web Shop Inc. Tropical Web Shop Inc. maintains Moving-Sale.ca (the �Site�) as a service to the residents of Ottawa, Ontario, Canada subject to the following terms and conditions concerning the use of the Site ("Web Site Use Agreement"). When you use the Site, you accept the Web Site Use Agreement. If you do not agree to the Web Site Use Agreement, you may not use the Site. Tropical Web Shop Inc. reserves the right to modify content on the Site and the Web Site Use Agreement periodically without prior notice. Web Site Use Agreement: This Agreement governs your use of this Web site. It exempts Tropical Web Shop Inc. from liability or limits its liability and contains other important provisions that you should read. Each time you use this Web site, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement as it then reads. If you do not agree with each provision of this Agreement, you may not use this Web site. This Agreement is entered into between you as the user of the Site (the "User") and Tropical Web Shop Inc. 1. Application of and Acceptance of Terms and Conditions. 1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with Tropical Web Shop Inc. as a registered user. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority. 1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. 1.3 Tropical Web Shop Inc. may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Tropical Web Shop Inc. of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Tropical Web Shop Inc. 2. Users Generally. 2.1 Users may use this Site solely for their own personal purpose. Each User agrees that it shall not copy, reproduce or download any information, text, images, directories, files, databases or listings available on or through the Site (the "Tropical Web Shop Inc. Content") for the purpose of re-selling or re-distributing the Tropical Web Shop Inc. Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Tropical Web Shop Inc., or otherwise commercially exploiting the Tropical Web Shop Inc. Content. Systematic retrieval of Tropical Web Shop Inc. Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Tropical Web Shop Inc. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. 2.2 Some of the Tropical Web Shop Inc. Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Neither Tropical Web Shop Inc. nor any of our affiliates, directors, officers, or employees has entered into any sales agency relationship with such third party by virtue of Tropical Web Shop Inc.�s display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Tropical Web Shop Inc. is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Tropical Web Shop Inc. is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. 2.3 Tropical Web Shop Inc. may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, or otherwise) to such third party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Tropical Web Shop Inc. has no control over such third party's web site, does not monitor such sites, and Tropical Web Shop Inc. shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site. 2.4 Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 4.5 below. 2.5 Tropical Web Shop Inc. reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Tropical Web Shop Inc. be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features. 2.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Tropical Web Shop Inc. and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. 2.7 We urge that you read Tropical Web Shop Inc.�s Privacy Policy which governs the protection and use of each User's information in Tropical Web Shop Inc.�s possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that Tropical Web Shop Inc. may change the Privacy Policy from time to time provided that Tropical Web Shop Inc. shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use. 3. Registered Users 3.1 Our services are available only to, and may only be used by users who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you do not qualify, please do not use the Site. Each qualified User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone number, email address, etc.) is a registered user of Tropical Web Shop Inc. (a "Registered User"). Tropical Web Shop Inc. will establish an account ("Account") for each Registered User and each Registered User will create a user alias ("User ID") and password ("Password") for log-in access to its own Account. 3.2 By becoming a Registered User, you consent to the inclusion of your personal data in our Online Database and authorize Tropical Web Shop Inc. to share such information with other Users. 3.3 Tropical Web Shop Inc. may suspend or terminate a Registered User at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Tropical Web Shop Inc.�s determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Tropical Web Shop Inc. has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Tropical Web Shop Inc. believes that the Registered User's actions may cause financial loss or legal liability to Tropical Web Shop Inc.�s other Users, or Tropical Web Shop Inc. or its affiliates. 3.4 The Registered User shall not use the email or bulk email facility for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature, or to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence. 3.5 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Tropical Web Shop Inc. Tropical Web Shop Inc. may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section. 3.6 Notwithstanding Section 3.1 above, Tropical Web Shop Inc. may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason. 4. Users Who Post Information on Moving-Sale.ca. 4.1 You must be a Registered User in order to post information on the Site using the place an ad tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 3 above. 4.2 No sales agency relationship is created between any User and Tropical Web Shop Inc., our affiliates, directors, officers or employees by virtue of Tropical Web Shop Inc.�s display of any of the User's information on the Site. 4.3 Each User hereby represents, warrants and agrees to (a) provide Tropical Web Shop Inc. with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to Tropical Web Shop Inc. to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. 4.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Tropical Web Shop Inc. or authorizes Tropical Web Shop Inc. to display. (Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site (including but not limited to rights of personality and rights of privacy), or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights.") Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Tropical Web Shop Inc. or authorizes Tropical Web Shop Inc. to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. 4.5 Each User hereby represents, warrants and agrees that information submitted to Tropical Web Shop Inc. for display on the Site shall not: (a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; (b) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; (c) relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; (d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, libellous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; (g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (h) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; (i) solicit business from Users in connection with a commercial activity that competes with Tropical Web Shop Inc.; (j) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; (k) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or (l) otherwise create any liability for Tropical Web Shop Inc. or its affiliates. 4.6 Tropical Web Shop Inc. reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Tropical Web Shop Inc. to liability, violates this Agreement or is otherwise found inappropriate in Tropical Web Shop Inc.�s opinion. Tropical Web Shop Inc. reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Tropical Web Shop Inc. may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Tropical Web Shop Inc. shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Tropical Web Shop Inc. for such disclosure. In connection with any of the foregoing, Tropical Web Shop Inc. may suspend or terminate the Account of any User as Tropical Web Shop Inc. deems appropriate in its sole discretion. User agrees that Tropical Web Shop Inc. shall have no liability to User, including no liability for consequential or any other damages, in the event Tropical Web Shop Inc. takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Tropical Web Shop Inc. may take such actions. 5. Fees and Services 5.1 Specific use of this Site requires registration, which is free. We do charge fees for searching items for sale through our Site. 5.2 When you post a classified ad for your moving sale, you have an opportunity to review and accept the fees that you will be charged. Our price plan is available at (http://www.moving-sale.ca) and is incorporated into this Agreement by reference. 5.3 We may change our fees for our services from time to time. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. 6. Transactions between Buyers and Suppliers 6.1 Through the Site, Tropical Web Shop Inc. provides an electronic web-based platform for exchanging information between buyers and sellers of products. Tropical Web Shop Inc. does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Tropical Web Shop Inc. does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products offered for sale on the Site or the ability of the seller to complete a sale or the ability of buyers to complete a purchase. 6.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Tropical Web Shop Inc. uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Tropical Web Shop Inc. cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing. 6.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks." Each User agrees that Tropical Web Shop Inc. shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks. 6.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, taxes, transportation and storage. 6.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Tropical Web Shop Inc. (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. 7. Limitation of Liability 7.1 The features and services on the Tropical Web Shop Inc. Site (Moving-Sale.ca) is provided on an "as is" and "as available" basis, and Tropical Web Shop Inc. hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. 7.2 Tropical Web Shop Inc. makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Site. Tropical Web Shop Inc. does not represent or warranty that the offer, display, purchase, sale and/or use of products or services offered or displayed on the Site does not violate any third party rights; and Tropical Web Shop Inc. makes no representations or warranties of any kind concerning any product or service offered or displayed on the Tropical Web Shop Inc. Site. 7.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Tropical Web Shop Inc. or through or from the Site shall create any warranty not expressly stated herein. 7.4 Under no circumstances shall Tropical Web Shop Inc. be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. 7.5 Each User hereby agrees to indemnify and save Tropical Web Shop Inc, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Tropical Web Shop Inc., its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Tropical Web Shop inc., including but not limited to those set forth in Sections 4.3, 4.4 and 4.5 above. Each User hereby further agrees to indemnify and save Tropical Web Shop inc., its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Tropical Web Shop Inc. is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Tropical Web Shop Inc. reserves the right; at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Tropical Web Shop Inc. in asserting any available defences. 7.6 Tropical Web Shop Inc. shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Site; (b) any defect in goods, or services purchased or obtained from a User or a third-party service provider through the Site; (c) violation of Third Party Rights or claims or demands that Users' offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; (d) unauthorized access by third parties to data or private information of any User; (e) statements or conduct of any User of the Site. 7.7 In no event will Tropical Web Shop Inc. ever be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Tropical Web Shop Inc. or anyone for whom Tropical Web Shop Inc. is responsible, in an amount exceeding $10.00 CAD or the amount you paid to Tropical Web Shop Inc. to use this web site, whichever is less. 7.8 You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items. 8. Intellectual Property Rights 8.1 Tropical Web Shop Inc. is the sole owner or lawful licensee of all the rights to the Site and the Tropical Web Shop Inc. Content. All rights not otherwise claimed under this Agreement or by Tropical Web Shop Inc. are hereby reserved. 8.2 "Moving-Sale.ca", and related icons and logos are registered trademarks or trademarks or service marks of Tropical Web Shop Inc. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 9. Governing Law and Dispute Resolution This Agreement, your use of this Web site and its Content, and all matters relating thereto are governed solely by the laws of the Province of Ontario and the laws of Canada. Any dispute between Tropical Web Shop Inc. and you arising from or relating to this Web site or its Content or this Agreement or any matters relating thereto shall be resolved before the Courts of Ontario sitting in the City of Ottawa, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute. Any claim or cause of action you may have relating to, arising from, or connected with your use of this Site or its Content or this Agreement or any matters relating thereto must be commenced in a court in Ontario, Canada within one (1) month after the claim or cause of action arises, after which time the claim or cause of action shall be barred.
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