Last Updated: June 13, 2018
Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the YBuy Platform, you agree to comply with and be bound by these Terms of Service.
These Terms of Service ("Terms")constitute a legally binding agreement ("Agreement") between you and YBuy (as defined below) governing your access to and use of the YBuy website, including any subdomains thereof, and any other websites through which YBuy makes its services available (collectively, the "Site"),and all associated services (collectively, "YBuy Services").The Site and YBuy Services together are hereinafter collectively referred to as the “YBuy Platform”.
When these Terms mention “YBuy”, “we”, “us” or “our”, it refers to YBuy Technologies Inc. (a business corporation incorporated pursuant to the Business Corporations Act (Alberta), having a registered office at#200 16011 116 Ave NW, Edmonton, Alberta, Canada T5M 3Y1).
1. Scope of YBuy Services
1.1. The YBuy Platform is an online marketplace that enables registered users (“Owners”) to publish listings (“Listings”) to rent recreational vehicles (including but not limited to snowmobiles, boats, quads, ATVs, UTVs, motor bikes, travel trailers, personal watercraft and other equipment) (in any case, “Units”) to other registered users (“Renters”) for short-term use.Owners and Renters are collectively referred to in these Terms as “Members”.
1.2. As the provider of the YBuy Platform, YBuy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Units. Owners alone are responsible for their Listings andUnits and for identifying, understanding and complying with all laws, rules and regulations that apply to their Listings and Units (if Owners have any questions about how local laws apply to their Units, Listings or the rental income therefrom, they should always seek legal guidance). When Members make or accept a booking, they are entering into a contract directly with each other.YBuy is not and does not become a party to or other participant in any contractual relationship between Members, nor is YBuy an insurer. YBuy is not acting as an agent in any capacity for any Member, except as specified inSection 8.
1.3. While we may help facilitate the resolution of disputes as provided in Section 14, YBuy does not make any representations or warranties in relation to any Listing or Unit, and YBuy does not endorse anyMember or Listing. You should always exercise due diligence and care when deciding whether to rent a Unit, accept a booking request from a Renter or communicate and interact with other Members, whether online or in person.
1.4. If you choose to use the YBuy Platform as an Owner, your relationship with YBuy is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of YBuy for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of YBuy. YBuy does not, and shall not be deemed to, direct or control you generally or your performance under these Terms. You acknowledge and agree that you have complete discretion whether to list Units for rent and otherwise use the YBuy Platform.
1.5. To promote the YBuy Platform and to increase the exposure of Listings to potential Renters, Listings may be displayed at the discretion of YBuy on other websites, in applications, within emails, and in online and offline advertisements.
1.6. Due to the nature of the Internet, YBuy cannot guarantee the continuous and uninterrupted availability and accessibility of the YBuy Platform. YBuy may restrict the availability of the YBuy Platform or certain areas or features thereof to carry out maintenance measures that ensure the proper or improved functioning of the YBuy Platform. YBuy may improve, enhance and modify the YBuy Platform and introduce new YBuy Services from time to time.
2. Eligibility, Using the YBuy Platform, Member Verification
2.1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the YBuy Platform or register a YBuy Account. By accessing or using the YBuy Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2. YBuy may make access to and use of the YBuy Platform subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and(iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3. Modification of these Terms
3.1. YBuy reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the YBuy Platform and update the “LastUpdated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the YBuy Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1. You must register an account ("YBuyAccount") to access and use certain features of the YBuy Platform, such as publishing or booking a Listing. If you are registering a YBuy Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2. You must provide accurate, current and complete information during the registration process and keep your YBuy Account and public YBuy Account profile page information up-to-date at all times.
4.3. You may not register more than one (1) YBuy Account unless YBuy authorizes you to do so. You may not assign or otherwise transfer your YBuy Account to another person.
4.4. You are responsible for maintaining the confidentiality and security of your YBuy Account credentials and may not disclose your credentials to any third party. You must immediately notify YBuy if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your YBuy Account. You are liable for any and all activities conducted through your YBuy Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1. YBuy may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the YBuyPlatform ("Member Content");and (ii) access and view Member Content and any content that YBuy itself makes available on or through the YBuy Platform, including proprietary YBuy content and any content licensed or authorized for use by or through YBuy from a third party ("YBuy Content" and together with Member Content, "Collective Content").
5.2. The YBuy Platform, YBuy Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the YBuy Platform and YBuy Content, including all associated intellectual property rights, are the exclusive property of YBuy and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the YBuy Platform, YBuy Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of YBuy used on or in connection with the YBuy Platform and YBuy Content are trademarks or registered trademarks of YBuy in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the YBuy Platform, YBuy Content, and/orCollective Content are used for identification purposes only and may be the property of their respective owners.
5.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the YBuy Platform orCollective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by YBuy or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4. Subject to your compliance with these Terms, YBuy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the YBuy Platform and accessible to you, solely for your personal and non-commercial use (unless otherwise consented to in writing by YBuy, acting in its discretion).
5.5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the YBuy Platform, you grant to YBuy a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection),sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such MemberContent to provide and/or promote the YBuy Platform, in any media or platform.Unless you provide specific consent, YBuy does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6. You are solely responsible for all Member Content that you make available on or through the YBuy Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the YBuy Platform or you have all rights, licenses, consents and releases that are necessary to grant to YBuy the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or YBuy’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7. You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading(directly or by omission or failure to update information) or deceptive; (ii)is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (v) promotes illegal or harmful activities or substances. YBuy may, without prior notice, remove or disable access to any Member Content that YBuy finds to be in violation of these Terms or YBuy’s then-current policies or standards, or otherwise may be harmful or objectionable to YBuy, its Members, third parties, or property.
6. Payment Services
6.1. YBuy has contracted with PayPal (the “Payment Provider”) to provide checkout and payment services to Members (“Payment Services”). The Payment Provider is an independent, third-party contractor and, accordingly, the Payment Services are subject to the Payment Provider’s own terms, conditions and privacy practices that Members should review (https://www.paypal.com/ca/webapps/mpp/ua/privacy-full). If there is a conflict between these Terms and the terms and conditions applicable to the Payment Services, the latter terms and conditions will take precedence with respect to your use of or access to the Payment Services.
6.2. You will be asked to provide customary billing information such as name, billing address, and financial instrument information to the Payment Provider, and it is your responsibility that such information is accurate, complete and current. Billing information is not collected or maintained by YBuy and YBuy disclaims all liability in this regard except as expressly provided in these Terms.
6.3. The Payment Provider may charge you additional fees when processing payments and payouts in connection with the PaymentServices (including deducting charges from payout amounts), and YBuy is not responsible for any such fees and disclaims all liability in this regard.
6.4. YBuy is not responsible or liable for the availability or accuracy of the Payment Services or the content, products, or services available from the Payment Provider.
7. Financial Terms for Owners
7.1. The Payment Provider will process payment of the Owner Fee from the Renter at the time the Renter’s booking request is accepted by the Owner.
7.2. In the event of a Renter’s cancellation of a confirmed booking, you shall be obliged to refund that portion of the Owner Fee that is refundable to the Renter in accordance with the applicable cancellation policy.
8. Financial Terms for Renters
8.1. You authorize the Payment Provider to process the payment of the Total Fees for any booking requested through your YBuy Account. Once the booking is accepted and the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
8.2. The Payment Provider will process the payment of the Owner Fee and the Listing Fee from the Renter at the time the Renter’s booking request is accepted by the Owner. Concurrently with the payment of the Owner Fee and the Listing Fee by the Renter as provided above, the Renter will receive an invoice for the Security Deposit, which will be payable to YBuy on or before the date that is three (3) days prior to the commencement of the Rental Period. If the Renter does not pay the Security Deposit as provided above, YBuy shall notify the Owner and the Owner shall have the option of cancelling the Unit Booking in accordance with the applicable cancellation policy.
8.3. The Payment Provider will generally process payment of the Security Deposit (less any Over holding Fees, if applicable, determined in accordance with Section 11) to the Renter within 24 hours of the Renter and the Owner confirming that the Unit has been returned in satisfactory condition or if a Unit Booking is cancelled.
8.4. If the Renter and the Owner do not confirm that the Unit has been returned in satisfactory condition, the Payment Provider will process payment of the Security Deposit to the Renter in the manner provided inSection 14.
9.1. Each Member collecting payment for services provided via the YBuy Platform (“Providing Member”) hereby appoints the Payment Provider as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2. Each Providing Member agrees that payment made by a Purchasing Member through the Payment Provider shall be considered the same as a payment made directly to the Providing Member, and the ProvidingMember will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that the PaymentProvider may refund the Purchasing Member in accordance with these Terms. EachProviding Member understands that the Payment Provider’s obligation to pay theProviding Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. YBuy guarantees payments to Providing Members only for such amounts that have been successfully received by YBuy from Purchasing Members in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Providing Member, YBuy assumes no liability for any acts or omissions of the Providing Member.
9.3. Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that the Payment Provider or YBuy are not parties to the agreement between you and the Providing Member, YBuy acts as the Providing Member’s payment collection agent for the limited purpose of accepting payment of the Security Deposit from you on behalf of the ProvidingMember. Upon your payment of the funds to the Payment Provider, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and YBuy is responsible for remitting the funds to the Providing Member in the manner described in these Terms, which constitute YBuy’s agreement with thePurchasing Member. In the event that YBuy does not remit any such amounts, theProviding Member will have recourse only against YBuy and not the PurchasingMember directly.
10. Terms Specific for Owners
10.1. When creating a Listing through the YBuy Platform you must (i) provide complete and accurate information about the Unit (including, but not limited to, make, model, year, damage report, proof of ownership, proof of registration and personal identification), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by YBuy. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
10.2. You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Owner Fee”). Once a Renter requests a booking of your Listing, you may not request that the Renter pay a higher price than in the booking request. In addition to the Owner Fee, YBuy will collect a fee (“Listing Fee”) when the booking is confirmed.
10.3. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
10.4. Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Unit. YBuy reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
10.5. The placement and ranking of Listings in search results on the YBuy Platform may vary and depend on a variety of factors, such as Renter search parameters and preferences, Owner requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings and/or ease of booking.
10.6. When you accept a booking request by a Renter, you are entering into a legally binding agreement with the Renter and are required to provide your Unit to the Renter as described in your Listing when the booking request is made.
10.7. YBuy recommends that Owners obtain appropriate insurance for their Units. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters while using the Unit.
11. Terms Specific for Renters
11.1. Subject to meeting any requirements (such as completing any verification processes) set by YBuy and/or the Owner, you can book a Listing available on the YBuy Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit, Owner Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested through your YBuy Account.
11.2. Upon receipt of a booking confirmation from YBuy, a legally binding agreement is formed between you and the Owner, subject to any additional terms and conditions of the Owner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.
11.3. You understand that a confirmed booking of a Unit (“Unit Booking”) is a limited license granted to you by the Owner to use the Unit for the duration of the period specified in the Unit Booking (the “Rental Period”).
11.4. You agree to return the Unit no later than the expiry of the Rental Period. If you do not return the Unit on time (“Over holding”), you no longer have a license to use the Unit and the Owner is entitled to repossess the Unit in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Owner, for each twenty-four (24) hour period (or any portion thereof) that you Over hold, an additional fee of up to two (2) times the Owner Fee originally paid by you to cover the inconvenience suffered by theOwner, plus all applicable Taxes and any legal expenses incurred by the Owner to make you return the Unit (collectively, "Over holding Fees").If you Over hold, you authorize YBuy (via the Payment Provider) to charge you to collect Over holding Fees. The Security Deposit may be applied to any Over holding Fees.
11.5. You should carefully review the description of any Unit you intend to book to ensure you meet any minimum age, proficiency, fitness or other requirements which the Owner has specified in its Listing. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your use of a Unit.
12. Booking, Cancellations and Refunds
12.1. Renter scan request to cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy by contacting the Owner via email and cc’ing YBuy.
12.2. If an Owner cancels a confirmed booking, it shall refund the full amount of theOwner Fee for such booking within a commercially reasonable time of the cancellation. Further, YBuy may publish an automated review on the Listing cancelled by the Owner indicating that a booking was cancelled. In addition, YBuy may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee on the Owner, unless the Owner has a valid reason for cancelling the booking as the result of an extenuating circumstance or has legitimate concerns about the Renter’s behaviour.
12.3. If a Renter suffers a Quality Claim, YBuy may determine, in its sole discretion, to refund the Renter part or all of the Listing Fee.
13. Ratings and Reviews
13.1. Within a certain timeframe after completing a booking, Owners and Renters can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of YBuy. Ratings and Reviews are not verified by YBuy for accuracy and may be incorrect or misleading.
13.2. Ratings and Reviews by Renters and Owners must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.
13.3. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
13.4. Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the YBuy Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
14. Damage to Units, Disputes between Members
14.1. As a Renter, you are responsible for verifying the condition of the Unit before taking possession of it (i.e. to ensure that its condition matches the description in the Listing and associated damage report (if any), and that the Unit is otherwise in working order) and returning it in the condition it was in when you received it. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individual who uses theUnit during the Rental Period and throughout any Over holding.
14.2. If an Owner claims and provides evidence that you as a Renter have damaged a Unit ("Damage Claim"), the Owner can seek payment from you directly. If an Owner escalates a Damage Claim to YBuy, you will be given an opportunity to respond. If you agree to pay the Owner, or YBuy determines in its sole discretion that you are responsible for the Damage Claim, YBuy will collect any such sums against the Security Deposit to the extent required to cover the Damage Claim (in particular, to pay for the repair of the damaged Unit at a facility authorized by YBuy). If the amount of the Damage Claim exceeds the amount of the Security Deposit, the Owner will be responsible for prosecuting a claim for the balance against the Renter.
14.3. If a Renter claims and provides evidence that you as an Owner have misrepresented the quality or character of a Unit (“Quality Claim”), the Renter can seek payment from you directly. YBuy also reserves the right to otherwise collect payment from you and pursue any remedies available to YBuy in this regard in situations in which you are responsible fora Quality Claim.
14.4. Members agree to cooperate with and assist YBuy in good faith, and to provide YBuy with such information and take such actions as may be reasonably requested by YBuy, in connection with any Damage Claims or other complaints or claims made byMembers relating to a Unit. A Member shall, upon YBuy’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by YBuy or a third party selected by YBuy or its insurer, with respect to losses for which a Member is requesting payment from YBuy.
14.5. If you are a Renter, you understand and agree that YBuy may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Unit) of the Owner. You agree to cooperate with and assist YBuy in good faith, and to provide YBuy with such information as may be reasonably requested by YBuy, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as YBuy may reasonably request to assist YBuy in accomplishing the foregoing.
15.1. As an Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fee any applicable GST, HST or other taxes ("Taxes").
15.2. Tax regulations may require us to collect appropriate Tax information from Owners, or to withhold Taxes from payouts to Owners, or both. If an Owner fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
16. Prohibited Activities
16.1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the YBuyPlatform. In connection with your use of the YBuy Platform, you will not and will not assist or enable others to:
· breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
· use the YBuy Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies YBuy endorsement, partnership or otherwise misleads others as to your affiliation with YBuy;
· copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the YBuy Platform in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Members or third parties;
· use the YBuy Platform in connection with the distribution of unsolicited commercial messages ("spam");
· offer, as an Owner, any Unit that you do not yourself own or have permission to make available for rental through the YBuy Platform;
· book any Listing if you will not actually be using the Unit yourself;
· contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the YBuy Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
· use the YBuy Platform to request, make or accept a booking independent of the YBuy Platform, to circumvent any Service Fees or for any other reason;
· request, accept or make any payment for Listing Fees outside of the YBuy Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold YBuy harmless from any liability for such payment;
· discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
· use, display, mirror or frame the YBuy Platform or Collective Content, or any individual element within the YBuy Platform, YBuy’s name, any YBuy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the YBuy Platform, without YBuy’s express written consent;
· dilute, tarnish or otherwise harm the YBuy brand in any way, including through unauthorized use of Collective Content, registering and/or using YBuy or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to YBuy domains, trademarks, tag lines, promotional campaigns or Collective Content;
· use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the YBuy Platform for any purpose;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by YBuy or any of YBuy’s providers or any other third party to protect the YBuy Platform;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the YBuy Platform;
· take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the YBuy Platform; or
· violate or infringe anyone else’s rights or otherwise cause harm to anyone.
16.2. You acknowledge that YBuy has no obligation to monitor the access to or use of the YBuy Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the YBuy Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist YBuy in good faith, and to provide YBuy with such information and take such actions as may be reasonably requested by YBuy with respect to any investigation undertaken by YBuy or a representative of YBuy regarding the use or abuse of the YBuy Platform.
16.3. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who(i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to YBuy by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
17. Term and Termination, Suspension and Other Measures
17.1. This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or YBuy terminate the Agreement in accordance with this provision.
17.2. You may terminate this Agreement at any time by sending us an email. If you cancel your YBuy Account as an Owner, any confirmed booking(s) may be cancelled and, in that case, you will be required to provide a full refund to the applicableRenter(s) (without liability to YBuy in any case). If you cancel your YBuyAccount as a Renter, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
17.3. Without limiting our rights specified below, YBuy may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
17.4. YBuy may immediately, without notice, terminate this Agreement and/or stop providing access to the YBuy Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third-party rights, or (iii) YBuy believes in good faith that such action is reasonably necessary to protect the personal safety or property of YBuy, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
17.5. In addition, YBuy may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the YBuy Account registration, Listing process or thereafter, (iv) you and/or your Listings at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or YBuy otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) YBuy believes in good faith that such action is reasonably necessary to protect the personal safety or property of YBuy, its Members, or third parties, or to prevent fraud or other illegal activity:
· refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
· cancel any pending or confirmed bookings;
· limit your access to or use of the YBuyPlatform;
· temporarily or permanently revoke any special status associated with your YBuy Account; or
· temporarily or in case of severe or repeated offenses permanently suspend your YBuy Account and stop providing access to the YBuy Platform.
17.6. Incase of non-material breaches and where appropriate, you will be given notice of any intended measure by YBuy and an opportunity to resolve the issue to YBuy’s reasonable satisfaction.
17.7. If we take any of the measures described above, you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
17.8. When this Agreement has been terminated, you are not entitled to a restoration of your YBuy Account or any of your Member Content. If your access to or use of the YBuy Platform has been limited or your YBuy Account has been suspended or this Agreement has been terminated by us, you may not register a new YBuy Account or access and use the YBuy Platform through the YBuy Account of another Member.
17.9. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
18.2. You agree that you have had whatever opportunity you deem necessary to investigate the laws, rules, or regulations that may be applicable to any Listings and that you are not relying upon any statement of law or fact made by YBuy relating to a Listing.
18.3. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
18.4. You agree that use of a Unit may carry inherent risk, and by accepting and using aUnit, you choose to assume those risks voluntarily. For example, use of some Units may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to accept and use the Unit. You assume full responsibility for the choices you make before, during and after your use of a Unit.
18.5. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
19.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the YBuy Platform and Collective Content, your publishing or booking of any Unit via the YBuy Platform, your use of a Unit, or any other interaction you have with other Members whether in person or online remains with you. Neither YBuy nor any other party involved in creating, producing, or delivering the YBuy Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the YBuy Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the YBuy Platform, (iv) from your publishing or booking of a Listing or(v) from the use of any Unit, whether based on warranty, contract, tort(including negligence), product liability or any other legal theory, and whether or not YBuy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Members pursuant to these Terms, in no event will YBuy’s aggregate liability arising out of or in connection with these Terms and your use of the YBuy Platform including, but not limited to, from your publishing or booking of any Listings via the YBuy Platform, or from the use of or inability to use the YBuy Platform or Collective Content and in connection with the use of any Unit, exceed the amounts you have paid to YBuy in connection with your use of the YBuy Platform.The limitations of damages set forth above are fundamental elements of the basis of the bargain between YBuy and you.
20.1. You agree to release, defend (at YBuy’s option), indemnify and hold YBuy and its agents, affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of theseTerms, (ii) your use or inability to use the YBuy Platform, (iii) your interaction with any Member and (iv) your use of a Unit or the use of a Unit by any person during the Rental Period or any Over holding, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use or (iv) your breach of any laws, regulations or third party rights.
21. Applicable Law and Jurisdiction
21.1. These Terms will be interpreted in accordance with the laws of the Province ofAlberta and the laws of Canada applicable therein, without regard to conflict-of-law provisions, and the parties attorn to the exclusive jurisdiction of the courts of the Province of Alberta.
22.1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards provided by YBuy, these Terms constitute the entireAgreement between YBuy and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between YBuy and you in relation to the access to and use of the YBuy Platform.
22.2. No joint venture, partnership, employment, or agency relationship exists between you and YBuy as a result of this Agreement or your use of the YBuy Platform except as expressly provided herein.
22.3. These Terms do not and are not intended to confer any rights or remedies upon any person other than YBuy and the Members.
22.4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5. YBuy’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6. You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without YBuy’s prior written consent. YBuy may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement will be provided electronically and given by YBuy via email, YBuy Platform notification, or messaging service (including SMS). The date of receipt will be deemed the date on which YBuy transmits the notice.