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USER AGREEMENT THE TERMS & CONDITIONS DETAILED ON THIS PAGE GOVERN THE USE OF THE SERVICES OFFERED THROUGH THIS SITE. IF YOU DO NOT ACCEPT OR YOU DO NOT AGREE WITH THE THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORIZED TO USE THIS SERVICE This document will confirm arrangements made for sale of the property you post (list) on this site and which is to be sold subject to the general conditions set forth below and in the conditions of Sale. Read carefully as this document may be referenced when clarifying questions posed by any user of this site. If you are consigning a vehicle to a LIVE AUCTIONS (not "ON-LINE only") the Terms and Conditions outlined in the Consignment Agreement become part of this agreement. Click here to review these now.. By choosing to use the on-line services offered by Vinatge Auctions of Canada you agree to the terms of use detailed here and you agree to be bounded by these terms for the life of your contract with us. If you do not agree to these terms of use, you are not authorized to use the on-line services offered through this site. 1. The Owners. This site is owned and operated by Vintage Auctions of Canada Ltd.. The content and organization of this site are protected by all applicable domestic and international laws that governs the protection of intellectual property. No material found on this site or that which may have originated from this site through it's built-in notification systems may be modified, copied, republished, posted, transmitted, or distributed in any manner without the express written permission of Vintage Auctions of Canada Ltd. You may print and download portions of material from this site solely for your own personal, non commercial use, provided that you agree not to change or delete any copyright or proprietary notice from the materials. 2. Authorized Users. Use of this site is available only to persons who are at least 18 years of age and who can form legally binding contracts under applicable law; and agrees to the terms of use for this site as defined in the VintageAuctions.ca User Agreement (THIS DOCUMENT). If you do not meet the requirements described in this section or you do not accept the terms of use described in this document, YOU ARE NOT AUTHORIZED TO USE SITE. 3. Fees and Services. As a buyer (bidder), there is no cost to use this site. However, there are costs associated with selling goods on this site. Please review pricing information for more details by clicking here. We reserve the right to review and change the charges for use of our services. However, if any changes to our charges for services offered occur, the changes shall be posted on our Pricelist Page 30 days prior to the effective date of the changes. Please note, notice of changes to our charges for use of the services offered will only be posted on this site. BEFORE you list an item you should review and accept the fees that you will be charged for the use of the posting (listing) services at the time of posting (listing) as outlined on our Pricelist Page. We may at our sole discretion change some or all of our services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian dollars. 4. On-line Auction. Our site acts as a tool (Internet auction portal) that allows anyone who has accepted the terms of use define here, to offer for sale, and buy anything, at anytime, from anywhere. Vintage Auctions of Canada Ltd. is not involved in the actual transaction between buyers and sellers. We have no control over the quality, safety or legality of the items listed on our site, and we cannot ensure that a buyer or seller will actually complete a transaction. Vintage Auctions of Canada Ltd. shall remove any item or items from our site on a "best effort" basis provided we are notified of the illegal item(s) through proper legal channels. Vintage Auctions of Canada Ltd. shall offer no refunds for items remove under this circumstance. 5. Trading with Care. We cannot and do not confirm each user’s purported identity. As such, we encourage you the seller to communicate accurately any item information that applies to the items you offer for auction. We encourage you the buyer to take caution when submitting funds to potential sellers. Directly communication with potential trading partners is always a good way to start the exchange of good and services for funds. I order to protect yourselves we recommend you consider using a third party escrow service to provide additional user verification following auction completion. We ask that you exercise caution when using the services offer by our site. 6. The Bidder's (Buyer's) Committment. As a Buyer, you must complete the transaction with the seller if you are the highest bidder at the end of an auction and reserve bid (if any) is met or exceeded, unless the transaction is prohibited by law or by these Terms and Conditions. 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 these Terms and Conditions 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, or you cannot authenticate the seller's identity). 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. 7. The Seller's Committment. If you receive at least one bid at or above your stated reserve price (or if no reserve bid is set) you must complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (i) the buyer fails to meet the terms of your listing (i.e., payment method), or (ii) you cannot authenticate the buyer's identity. 8. Conditions of Item Representation and Selling. Sellers must be legally qualified to sell the item(s) you list for sale on our site. When you establish yourself as a seller on our site you shall accept the legally binding contract to deliver to the winning high bidder any and all items you list for sale that are fairly won. All Sellers must recognise and accept the processes by which an item is awarded to the buyer at the time of the auction close and shall honour all winning bids with delivery of the item as represented on the respective sale. As a Seller, you shall describe your item(s) and all terms of the sale on the page of our site where you submit the item for sale. All listed items must be assigned to an appropriate category (VintageAuctions.ca reserves the right to remove items not conforming to this requirement without refund). If pictures are used, they must be current and represent the item in a fair manner. As the Seller, you are solely responsible for any information you provide to the registered trading partners (Buyers and Sellers) of our site during the listing process, in any public message area or through any email feature provided by our service. Vintage Aucitons of Canada Ltd. (doing business on-line as VintageAuctions.ca) acts as a neutual forum for your online distribution and publication of your information. Your information: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s intellectual property rights or other proprietary rights or rights of privacy; (d) shall not violate any law, statute, or regulation; (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise must not breach any law govening the use and distribution of such material or information.; (g) shall not contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISP or other supplier; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (I) are prohibited under these Terms and Conditions; (II) are identical to other items you have up for auction 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 VintageAuctions.ca’s (this does not prevent linking to or advertising an VintageAuctions.ca 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 our site (or consummate any transaction that was initiated using our service) that, by paying to us a fee pursuant to our Use of Service Policy, could cause us to violate any applicable law, statute, or regulation. Items adult in nature or harmful to minors, are considered objectional material and shall be removed from our site at our descretion without refund of listing fees paid. Vintage Auctions of Canada Ltd. shall not be held liable for any claims, demands and damages of every kind and nature, arising from this action. See Section 13. Right to Terminate. 9. Release. Since Vintage Auctions of Canada Ltd. is not involved in the actual transaction between buyers and sellers with the exception that we provide the use of our tools to facilate your transactions, in the event that you have a dispute with one or more of your trading partners establish through the use of our site, you release Vintage Auctions of Canada Ltd., our officers, directors, agents, employees and partners from all claims, demands and damages of every kind and nature, arising out of or in any way connected with such disputes. 10. Copyrite. You agree that upon posting information on this site (with the exception of your User Profile information provided on sign-up, see Pravicy Agreement), you grant Vintage Auctions of Canada Ltd. and its successors and assigns a non-exclusive, world wide, royalty free, perpetual license under your copyrights to use, distribute, reproduce and create derivative works from such information in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising. We reserve the right for any reason to remove without notice any contents of this site received from you. Further, we reserve the right to edit any notices or postings for clarity and length or as we see fit. 11. Linked Sites. Any links to sites found linked from VintageAuctions.ca are not under the control of our staff, and we do not assume any responsibility or liability for the contents of any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of such sites. 12. No Agency. No agency, partnership, joint venture, employee employer or franchisor franchisee relationship between any user and Vintage Auctions of Canada Ltd. is intended or created by these Terms and Condition or otherwise. 13. Right to Terminate. We may in our sole discretion terminate or suspend your registration immediately without notice to you if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us. We reserve the right in our sole discretion to deny any person access to this site or any portion thereof without notice. 14. System Integrity. The use of any device, software or routine that interferes or attempts to interfere with the proper working of this site is expressly prohibited. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure; our ISP; or any of our suppliers. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You remain solely responsible for any authorized or unauthorized use of your password. 15. Security. We continue to protect our infastructure through the use of Internet security protocols and monitoring. However, you should understand and agree that the Internet on it's own is not secure, and information is subject to interception or loss. Vintage Auctions of Canada Ltd. makes no warranties of any kind, either express, implied, or statutory concerning the security of any materials including, but not limited to, data. However, just as with any other real world transaction involving the exchange of money for goods and services, using care with the exposure of private codes and password will help ensure better security of your data. In addition to other security precautions you may employ, you should always log off when finished using our site or close your browser when you wish to leave your computer. 16. Disclaimer of Liability. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VINTAGE AUCTIONS OF CANADA LTD. DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER VINTAGE AUCTIONS OF CANADA LTD. NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH MATERIALS OR TO WHOM SUCH MATERIALS MAY BE FURNISHED, FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY MATERIALS PROVIDED IN THIS SITE. OUR TOTAL LIABILITY UNDER THESE TERMS AND CONDITIONS TO ANYONE IS LIMITED TO $500.00 CANADIAN FUNDS. 17. Non waiver. Failure on our part to enforce any provision(s) of these Terms and Conditions for use of our services shall not be deemed a waiver of such provision(s) nor of the right to enforce such provision(s). Should any portion of these Terms and Conditions be held invalid or unenforceable under law, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of us, and the remaining portions shall remain in full force and effect. 18. Indemnification. You agree to indemnify, defend and hold Vintage Auctions of Canada Ltd. and our affiliates, content and service providers harmless for any liability, loss, claim and expense (including legal fees) related to your violation of these Terms and Conditions or use of this site. 19. Modification. The provisions contained in these Terms and Conditions may be amended from time to time by us at our sole discretion by posting a new User Agreement on this site. The amended terms shall be effective 15 days after they are initially posted. 20. Notice. Any notice to you shall be made to the email address found on your User Profile at time of the need to contact you. The notice shall be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may provide notice to you by certified mail or regular mail to the address provided via the same User Profile. 21. Governing Jurisdiction. This User Agreement is governed by and construed in accordance with the laws of Manitoba. All legal proceedings arising out of or in connection with this User Agreement shall be brought in Winnipeg, Manitoba, Canada and you expressly submit to the jurisdiction of the courts of Manitoba, Canada. 22. Contact Information. If you have any questions about this User Agreement, the practices of Vintage Auctions of Canada Ltd., or your dealings with this site, please contact us at info@VintageAuctions.ca. Thank you for choosing our services, and we hope that you are successful in your transactions. ©2002 Vintage Auctions of Canada Ltd. All rights reserved.