TERMS AND CONDITIONS
1.1 Acceptance of terms and conditions:
The terms and conditions are the terms on which IPLASTIC.COM offers you access to the Services and the website. By registering as a member of IPLASTIC.COM you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions:
As IPLASTIC.COM operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 1 October 2016.
In these terms and conditions, the following expressions have the meanings set out:
'auctions' include listings with a 'buy now' only price;
'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
member' means a registered member of the website IPLASTIC.COM;
'Services' means any one or more of the services offered by iPlastic Inc and/or IPLASTIC.COM from time to time, including online auctions, digital marketing and any other service that they may offer;
We', 'us' and 'our' are a reference to IPLASTIC.COM;
'you' and 'your' are a reference to you;
'listing' means a listing on the website through which you offer, negotiate, buy, sell or advertise any item whether by auction or classified;
'seller' includes any person placing a listing.
2.1 The Services:
IPLASTIC.COM provides a venue to introduce members who want to buy and sell items. IPLASTIC.COM does not take any part in the sale of items other than by providing our website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service or any other payment service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an auction, IPLASTIC.COM is not an auctioneer.
2.2 At your own risk:
Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that IPLASTIC.COM takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. IPLASTIC.COM gives no undertakings, representations, or warranties in relation to items sold or listed on the website including:
about ownership of any item;
as to the content, safety, description, worthiness, quality, or legality of the items;
as to the accuracy or truth of listings;
that any item will meet your requirements or expectations; or about the ability of members to complete a transaction, including credit card transactions.
2.3 You expressly understand and agree that:
Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, IPLASTIC.COM disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
IPLASTIC.COM does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the website is error-free or reliable;
no advice or information that is obtained by you from IPLASTIC.COM or anyone else shall create any warranty by IPLASTIC.COM that is not expressly stated in the terms and conditions; and responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute IPLASTIC.COM's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of IPLASTIC.COM to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another Member's acts or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. IPLASTIC.COM's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of IPLASTIC.COM's message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
Without limiting any other rights and remedies available to IPLASTIC.COM, IPLASTIC.COM may limit your activities on the website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where IPLASTIC.COM considers it appropriate.
2.7 Additional Rules:
In addition to the terms and conditions set out in this document, the Banned and Restricted Items list and Listing Policies as detailed on our FAQ page form part of these terms and conditions.
BECOMING A MEMBER
3.1 Becoming a Member:
Becoming a member is free. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.:
3.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by IPLASTIC.COM to ensure it is kept current at all times. IPLASTIC.COM may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at IPLASTIC.COM's discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of Membership:
IPLASTIC.COM reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, IPLASTIC.COM may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new IPLASTIC.COM memberships. You may at any time close your IPLASTIC.COM membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by IPLASTIC.COM, your ability to use the IPLASTIC.COM website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure.
3.5 Emails and newsletters:
IPLASTIC.COM will send you emails relating to your membership, transactions and other activities on the website, and for promoting and marketing other IPLASTIC.COM products and Services to you. IPLASTIC.COM may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine) and must be made clear within the listing itself.
You must not complete a transaction outside of the IPLASTIC.COM process or otherwise seek to avoid IPLASTIC.COM's success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in IPLASTIC.COM suspending or terminating your membership at the discretion of IPLASTIC.COM.
You must not use the Services or the website to promote items for sale outside the Services.
4.2 Your Obligations as a Seller:
You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers then you must ensure that this is clearly indicated in your listing.
You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where IPLASTIC.COM has approved otherwise in writing.
Hazardous good are prohibited from being listed.
You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
When you list an item for auction on IPLASTIC.COM, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
You must not use IPLASTIC.COM listings to promote a business or website for sale in your listing.
You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
You agree to your email address being provided to the buyer when your auction closes.
You must promptly forward the listed item to the successful buyer on completion of the transaction.
4.3 Your Obligations as a Buyer:
Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
You must make full and prompt payment for any item you buy.
You agree to your username and the amount of your bid being publicly shown on the IPLASTIC.COM website. You also agree to your email and delivery address being provided to the seller when you win an auction, and to your email address and username being provided if you send an email through a classified.
If your bid is successful and you do not pay for the item, you will receive a warning from IPLASTIC.COM if the seller complains about you. After 3 such complaints, IPLASTIC.COM may suspend or terminate your membership.
4.4 Feedback :
Feedback is provided for the purpose of facilitating trading between members on the IPLASTIC.COM website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. IPLASTIC.COM may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about yourself or include any contact details or personal information in your feedback.
FEES AND ACCOUNTS
5.1 IPLASTIC.COM Listing Fees and Success Fees
IPLASTIC.COM charges fees for the use of the website as a venue.
IPLASTIC.COM's current fees are listed on our fees page in the help section.
Any non-commission listing fees are charged at the time of listing and are not refundable. IPLASTIC.COM may (at our sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Refunds are not transferable between members.
IPLASTIC.COM reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
If you are a Canadian resident, then all fees are inclusive of HST and in United States (USD$) dollars unless otherwise stated. If you are not a Canadian resident, then all fees are in United States dollars (USD$) unless otherwise stated and are exclusive of any taxes. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to IPLASTIC.COM account balances.
Before listing an item, you should review IPLASTIC.COM's fees to ensure you are aware of the fees that you will incur.
You must pay the fees immediately upon demand by IPLASTIC.COM.
6.1 System Integrity:
IPLASTIC.COM will use its reasonable endeavours to ensure the availability of the website and Services, subject to any downtime required for maintenance. However, IPLASTIC.COM takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or Services being unavailable. Further, IPLASTIC.COM assumes no responsibility for the corruption of any data or information held by IPLASTIC.COM.
6.2 Resolution of disputes:
As IPLASTIC.COM is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, IPLASTIC.COM in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i).
6.4 Force Majeure:
Without prejudice to clause 2.3(a), IPLASTIC.COM has no liability for any lack of performance, unavailability or failure of the Services or the website, or for any failure of IPLASTIC.COM to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of IPLASTIC.COM.
6.5 No Waiver:
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law:
These terms and conditions are governed by the laws of the Province of Ontario, Canada. You submit to the non-exclusive jurisdiction of the Courts of the province of Ontario, Canada.
6.8 Intellectual Property Rights:
IPLASTIC.COM (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the website.
You may not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
Commercialise, copy, or on-sell any information, or items obtained from any part of this website.
6.9 Entire agreement:
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
Created : 2016-09-19 14:26:38, Last Modified : 2016-09-19 14:40:01