Terms and conditions for use of the just1dollar.ca website
PLEASE READ THESE CONDITIONS OF USE FOR THE WEBSITE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE CONDITIONS OF USE FOR THE WEBSITE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO THE WEBSITE AND ITS USE. THE WEBSITE IS OFFERED TO YOU FOR YOUR ACCESS AND USE, SUBJECT TO YOUR ACCEPTANCE OF THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT ACCEPT ALL THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT INDICATE THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Les Enchères Cenne Inc., a federal corporation duly established by virtue of a certificate issued by Corporations Canada, is represented in this document by the term "the Company".
1. USER ELIGIBILITY
The Website is provided by the Company and is only available to entities or individuals who have reached the age of majority and can enter into an agreement or agreements that are binding under applicable law, who are residents of Canada or United-States and have a valid shipping address. If you are not eligible, you cannot use the website.
These terms of use constitute an agreement between you and the persons you represent (hereinafter, the "person"), understood to be any individual or company, whether incorporated or not) and the Company, in regard to your access and use of the Company’s just1dollar.ca site and all content, information, products and services available via this website (collectively, the "website"). These terms of use also confer benefits to companies affiliated with the Company, its service providers, its suppliers and other persons.
Each time you use the website, you confirm that you, and any person whom you claim to represent, are bound, without limitation or reserve, by these terms of use, and you declare and guarantee that you have the legal authority to accept these terms and conditions in your name and in the name of any person whom you claim to represent. If you do not accept any of the provisions of these terms of use, are not authorized to accept these terms of use, or if you do not have the legal authority to accept these terms of use in the name of the person whom you claim to represent, you are not authorized to access or use this website. The website is provided for practical and informative purposes only and is not intended to provide advice or recommendations.
These terms of use are in addition to any other conditions to which you are bound in regard to the Company, including any transactions.
2. MODIFICATION OF THESE TERMS OF USE
The Company may, at its own discretion, change these terms of use from time to time for others in regard to future use of the website, by posting the revised terms of use on the website. By using the website following the posting of these revised terms of use, you confirm that you agree to be bound by the revised terms of use. You may not change these terms of use in any way.
The user is advised to regularly consult the latest version of the Terms and Conditions for use available on the Just1dollar.ca website.
3. REGISTRATION
3.1. In order to become a member of the website, you must create a user account on the website ("How to bid" section) by supplying us with your actual contact information as well as a personal email address that belongs to you. You can choose your user name and your password. Any address changes must be correspondingly noted by changing your profile.
(a) you are fully responsible for the security of the codes and any use or improper use of these codes;
(b) you will keep the codes in a secure and confidential manner at all times and not disclose them to any other person or allow any other person to use them;
(c) you must ensure that any use of the codes is in accordance with these terms of use;
(d) once you have accessed the website using the codes, you must not leave the computer terminal used to access the website without closing your account and logging off from the website; and
(e) you must notify the Company immediately by telephone (514-774-1666) or by email (info@juste1dollar.ca or support@juste1dollar.ca) if you know or suspect that your codes have been lost, stolen, disclosed to another person or used by another person.
3.2 The Company reserves the right to ask a member to change their user name, especially if it is similar to that of another member, offensive, or violates the rights of a third party. Only one registration and user account are allowed per person.
4. ACCOUNT USE
4.1. Access to the user account and auctions is reserved for the duly-registered account holder who will be held responsible for its use as well as any loss or damage that may result from improper use of the account. Sale or transfer of the user account is strictly prohibited. The Company will not assume any liability in regard to any account used in a malicious manner and can cancel any such account without notice.
4.2. All materials uploaded by a member on the website in the "Profile" section must be true information and likenesses or an avatar image of his or her choice. Any materials uploaded to this section that are inappropriate or contrary to the Company's policies may be removed at its own discretion and without notice. The Company may then close the account should it deem it appropriate. All materials uploaded by a member are the responsibility of the member in regard to the rights that he or she holds over the aforementioned uploaded materials, including the copyrights to these materials (photos, text, excerpts, etc.). All rights to the materials uploaded by the member shall be automatically assigned to the Company, on an international level, and without any reserve, and the member waives any claim against the Company in regard to these rights to the materials uploaded as well as against its employees or executives in any regard.
4.3. The Company has the right to access the accounts of website members in order to monitor their use or to rectify or correct any system defect, where applicable. The Company is doing everything in its power to ensure the protection of the members of its website.
4.4. No advertising will be allowed on the site except upon written agreement between the member and the Company. No "spamming" or similar tactics will be allowed.
4.5. Member accounts cannot be used as a channel of communication for the sending of personal information to (an) other member(s).
4.6. The member agrees to respect current laws regarding hate propaganda and acceptable standards. From time to time, the Company may verify and withdraw a member's right to site access following any infringement of the regulations concerning this fundamental principle protected by the Charter of Human Rights or any other similar Charter in regard to derogatory, discriminatory or racist comments or others deemed as such at the sole discretion of the Company. The Company will endeavour to ascertain whether these comments have been made by a member and will not be held liable for any such comments made by a member, who will remain the sole party liable for any damage which may be caused to a third party.
4.7. Any member who uses a strategy to prejudice another member's bidding on an auction or who tries to prevent another member from bidding normally may be subject to removal from the site as a member for a period deemed appropriate by the Company.
4.8. In order to ensure sound use of its site by all members who abide by this usage agreement, the Company is free to withdraw the member status of anyone who does not respect these terms of use, including any revised terms of use, at any time.
5. COIN PURCHASE
5.1. The purchase of coins is necessary in order to participate in an auction on this site. The price of a coin is $1.00, plus applicable taxes. Please see the “Getting coins” section in order to purchase your coins. The methods of payment are indicated in that section.
5.2. The duly-acquired coins will then be credited to you. Except in the cases provided below, the coins will not be refundable or exchangeable and must be used to bet on auctions at the website. These credits will remain valid for a period of one year as of their time of purchase. If a method of payment is refused, the Company will have the right to cancel or temporarily suspend the member's account until the account has been rectified (payment of the amount owing by the member).
5.3. Coins may be given to a member by the Company free of charge or through a bulk purchase (bonus coins) as per certain rules it may bring into effect from time to time in order to encourage its members to remain loyal to its auction site or in return for the purchase of coins made by its members.
5.4. These bonus coins (purchased in bulk or given away free of charge) have no monetary value. They can only be used for winning an auction and will be credited only when all the coins in the member's account have been used. Therefore, these bonus coins cannot be reimbursed.
6. AUCTIONS
6.1. To start, when you are logged in via a "user" account, and after purchasing coins, participate in an auction by following the instructions. All descriptions of products being auctions are not provided by the Company and, therefore, cannot be guaranteed by the Company. Descriptions and illustrations are not guaranteed by the Company, which, despite this, may make recommendations to suppliers, if applicable. The member must thus be aware that the item purchased may vary from its illustration.
6.2. Members online bid on an item once an auction has started by following the instructions on the site. No automatic bidding systems for auctions will be permitted by the Company, which reserves the right to suspend or close the member’s account. Any bids placed in this manner will not be reimbursed.
6.3. Auctions start at one coin, unless otherwise indicated. Each bid placed by a member debits one (1) coin from his or her account, allowing the bidder to increase the auction price by a single (1) coin at a time. With each new bid placed by a user, the bidding period shall be changed accordingly, depending on the number of seconds or minutes indicated. Bidding will end when no new bids have been made by a member by the time the bidding period has expired. The end of the bidding period will be reached once the word "Sold" is registered. The member who placed the last bid wins the auction. Unless otherwise indicated, coins bid on an item are lost permanent and will not be reimbursed, regardless of whether you won the auction or not and whether the coins were bid manually or by an authorized automated bidding system. The company will not cancel a bid made in the above manner.
6.4. When the icon “available for purchase” is active, a member who does not win the auction after bidding may purchase the item by paying the indicated price of the item less his or her bids. The member has one day from the time the auction ends to make this purchase. Bonus pieces cannot be used to purchase auction items in this manner. Shipping charges, taxes and other fees shall be at the expense of the purchaser. In the event that the total bids made exceed the listed price of the item, these excess coins are non-refundable.
7. GENERAL INFORMATION
7.1 The Company shall list items on its site according to the supply obtained from suppliers and manufacturers and cannot ensure that a particular item will be posted during a certain period. It reserves the right to maintain its site and, therefore, suspend site operation during this maintenance period.
7.2. In the event of a system failure, the Company undertakes to ensure that auctions will be resumed as soon as possible. If the auction is able to be resumed within one hour following a system failure, the Company will notify all the members who participated in the interrupted auction by sending an email 15 minutes prior to the resumption of the auction, giving the exact time it will resume. If the auction is not able to be resumed within one hour following a system failure, the Company will notify all the members who participated in the interrupted auction by sending an email within 2 hours after the system failure announcing the resumption of the auction on a determined date at the same time this auction started.
7.3. Any abnormal operation or faulty computer component, software or communication line or system, shall not be attributable to the Company. The same also applies if there is a blackout, slow network communication or other, which impinges upon the right of a member to participate in an auction. The Company is not liable for any damage or loss caused by the downloading of an Internet page or software as well as by data transmission with respect to participation in an auction on its site, except in the case of gross negligence. Data contained in the Company’s computer systems are considered the only data valid for establishing the accuracy of any information, including the time at which all auction periods end.
8. AUCTION PAYMENT
8.1. When an auction is won by a member, this member must pay the total amount indicated in the pertinent section. This amount will include the price of the auction as set at the end of the auction plus applicable taxes. The member shall have five (5) days from the date of the auction won in order to pay the total amount owing. The relevant section on auction payment can be used by the member to facilitate payment.
8.2. If you do not wish to receive the item you have won in an auction on the website, you can choose not to proceed with its purchase at any time by notifying the Company prior to payment of the item. In this case, the coins bid will be credited to your account up to the value in coins of the retail price of the item.
8.3. In the event that the item auctioned is not available, the Company may replace the item for a similar item of at least the same value.
8.4. Purchases will be shipped within a period of fifteen (15) business days following the date on which the member has paid all the amounts owing to the Company. For Canada, shipping charges for the acquisition of an item won by a member at auction shall be paid by the Company, unless otherwise indicated. In the event that the item won in the auction is not available within this period, the Company will offer the member the option of waiting until the item is available or receiving an item of at least the same value.
Special conditions may apply when the shipping address provided is a place to which shipping is impossible or is possible but with higher shipping charges. Items are shipped through major shipping service to the shipping address in Canada or United-States provided by the member. The shipping order will be made when the item has been fully paid by the member.
8.5. A member who has won an auction has a period of two (2) days from its receipt to return said item in case that this item is broken or defective. Reshipping charges shall be paid by the member. When the item has been duly received by the Company and examined to verify its original condition, the shipping fees will be reimboursed to the member. The item must be received in new condition. In the case of audio, video or computer (software) materials, packaging must be fully intact. The defective item will be replaced and sent to the member without shipping costs. In the event that the item auctioned is not available, the Company may replace the item for a similar item of at least the same value. This clause does not apply to items such as "subscriptions", "movie and concert tickets" or similar items.
9. REPRESENTATIONS AND WARRANTIES
9.1. The member, before bidding on an item, or prior to purchasing an item, must verify the terms and conditions of the warranty offered by the supplier or manufacturer of the item in question, as the Company only provides the website for sales purposes and cannot offer a warranty for these objects. Nonetheless, a member can request support from the Company in order to report warranty problems with an item by contacting customer service as indicated in the "Contact us" section. Our staff will be happy to help the member to exercise the warranty, where applicable.
9.2. The Company confirms that the content of the site is authentic and that the auctions are real and legally executed. The management and employees of the Company and their family members cannot become members of the site in order to participate in auctions.
10. OTHER CONDITIONS
10.1. The Company shall take reasonable care to protect its site from fraudsters or other persons who do not respect the terms and conditions of use of its website. In all of these cases, the Company may cancel an auction without reimbursement, cancel a member account and thus “expel” the person from their site and, where applicable, report the person to the legal authorities with jurisdiction at the relevant time.
10.2. Except in the case of gross negligence on behalf of the Company, its management or employees, no guarantee is provided to the member as to the completeness and accuracy of the information contained on its site. Members relieve the Company of any responsibility in this regard and in regard to members suffering any damages as a result of participating on the Company’s website.
10.3. Members who fail to respect the terms and conditions of use, causing damage to the Company, its management or employees, agree to compensate the Company, its management or employees, for these damages.
11. CONFIDENTIALITY POLICY
11.1. The Company collects, uses and discloses your personal information in accordance with its confidentiality policy, which you may consult. The Company may change its confidentiality policy from time to time, at its sole discretion, without notice and without liability to you or any other person, by adopting a revised confidentiality policy, accessible through its website. By accepting these terms of use and those accepted each time you use the site, you agree to have the Company collect, use and disclose your personal information in accordance with its confidentiality policy as exists at the pertinent time.
11.2. The Company is under no obligation to verify the true identity or authority of a person using the website access codes and the website itself. The Company may act in regard to any communication made with the use of its codes. The Company may, at its sole discretion and at any time, require proof of identity from any person wishing to access and use the website and deny access and use of the website fully or partially or refuse to accept or act upon any communication if the Company is not satisfied with this proof of identity.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The website (including its content, headings, graphics, icons, writing and presentation, layout, coordination, image enhancement and all other information included in the text, graphic elements, audio and video strips, images, icons, software, themes, applications, data and all other elements available on or through the website) is the property of the Company and others and is protected under Canadian and international copyright and trademark laws, as well as by other laws. Your use of the website does not grant you ownership or any other right in regard to the website or its content. The website is made available to you for your own personal lawful use. You are authorized to use the website only in the manner expressly described in these terms of use, subject to any applicable laws. Use of the website for any other purpose or in any other manner is strictly prohibited.
12.2. You may print pages from the website provided that you do not change these pages or delete or alter any identification, mark, notice or release of responsibility, visible or not. Copying, imitating, reproducing, republishing, downloading, posting, transmitting, modifying, filing, cataloguing, making a mirror image copy or distributing of this website in any way, fully or partially, is prohibited without express written consent from the Company. The use of software used in the context of the operation or provision of the website is prohibited except when using the website in accordance with these terms of use.
INFORMATION ABOUT THE COMPANY AND ITS MARKS
Just1dollar.ca, as well as the other names and logos appearing on or in conjunction with the website belonging to the Company (the “marks”) are registered and unregistered trademarks and brand names, service marks and logos belonging to or licensed to the Company, their respective owners or licensees.
Any use of marks not complying with these terms of use is strictly prohibited. No information appearing on the website or elsewhere should be interpreted as granting, by implication, preclusion or other, a licence or a right of use to the trademarks posted on the website.
