modopost

• User Agreement
• Glossary
• Privacy Policy
• Terms & Conditions

Modopost Terms and Conditions of Use

For the defined terms in this Terms and Conditions of Use, refer to the Glossary of Terms.

Acceptance of Terms

Your access to and use Modopost’s website (the “Website”) and any services referred to in these Terms and Conditions (the “Services”), is subject exclusively to these Terms and Conditions.  You may not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.  By using the Website or the Services you are irrevocably accepting the terms, conditions and disclaimers contained in this notice.  
We reserve the right to update or amend these Terms and Conditions at any time, without notice, and your continued use of the Website or the Services following any changes, shall be deemed to be your acceptance of such change.  It is therefore your responsibility to check the Terms and Conditions regularly for any changes.


The Services

The Services provided on the Website may include communication tools such as email, bulletin boards, chat areas, news groups, forums and other message or communication facilities designed to enable you to communicate with others. Unless stated otherwise, the Services are for your personal and non-commercial use only.


Privacy Policy

We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you.  When registering for any of the Services, you will be asked to provide basic personal information.  The personal information you provide to us is governed by our Privacy Policy and by the applicable privacy legislations in Canada. We reserve the right to use your personal information to contact you updates or other information regarding the Website or the Services.

User Account, Password and Security

If any of the Services require you to open an Account, you will be required to complete the registration process by providing certain information and registering a username and password for use of the Services.  You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your Account.  You agree to immediately notify us of any unauthorised use of your password or Account or any other breach of security.  In no event will Modopost be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username or password.  You may not use another person’s Account at any time.


Acceptable Use

You agree that we may establish practices and procedures for any use of the Service. We may, for example, set a maximum number of times and the duration that you can access your Account or the Service in a given time period. We may modify these practices and procedures at any time, in our sole discretion, without notice.  You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the “Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom the Content originated.  We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of the Content and you acknowledge that by using the Services you may be exposed to offensive, indecent or inaccurate material.  Modopost will not be liable in any way for the Contents or for any loss or damage of any kind resulting from the use of any Contents transmitted via the Services.  You agree to bear all risks associated with the use of the Contents, including any reliance on the accuracy or completeness of the Contents.

In using the Website or the Services you agree not to:

(a)    use the Services to send junk email, spam, chain letters, pyramid schemes or any other 
         unsolicited messages,  commercial or otherwise;
(b)    threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of
         privacy and publicity) of others;
(c)    collect or store personal information about others, including email addresses;
(d)    impersonate any person or entity for the purpose of misleading others;
(e)    post, publish, distribute or disseminate material or information that is defamatory, 
         infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(f)     post, publish, distribute or disseminate material or information that incites discrimination,
         hate or violence towards any person or group on account of their race, religion, disability,
         nationality or otherwise;
(g)    use any information or material in any manner that infringes any copyright, trademark, 
         patent or other proprietary right of any party;
(h)    make available or upload files that contain a virus, worm, trojan or corrupt data that may 
        damage the operation of the computer or property of another;
(i)     advertise or offer to buy or sell goods or services for any commercial purpose;
(j)     violate any applicable laws or regulations;
(k)    use the Website or the Services in any manner that could damage, disable, overburden 
        or impair the Website or the Services or interfere with any other party’s use and enjoyment
        of the Website or the Services;
(l)     post, publish, distribute or disseminate material or information that you do not have a right
        to transmit under any law or under contractual or fiduciary relationships (such as inside 
        information or confidential information disclosed in the course of employment or under a
        confidentiality agreement); or
(m)  attempt to gain unauthorised access to any of the Services, other accounts, computer 
        systems or networks connected to the Website or the Services through hacking, password
        mining or any other means.

We have no obligation to monitor the use of the Website by our users but shall be entitled to review the materials and, at our sole discretion, remove any material or block any activity that breaches these Terms and Conditions or is otherwise objectionable.

 
Prohibited Use

In addition to the guidelines for “Acceptable Use”, your buy, sell, import or export of certain items may be prohibited by law. It is your responsibility to ensure that the Items you are trying to buy/sell are not prohibited by law.

The prohibited uses include “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate the information on the pages produced by, or displayed on the Website.

Fees and Payments

We reserve the right at any time to charge fees, or change the fees applicable to the Services or portions thereof. However, in the event of a change to the fees, the change will not apply where a Posting is already created and posted. There will be sufficient notice on the Website to inform you of the change and how it will affect you; however, you are advised to review the transaction requirements, including the required fees, prior to each and every transaction. If you fail to make payments for the fees you have agreed to, we may cease providing the Services to you.

Wherever applicable, you are responsible to pay all applicable taxes associated with Modopost’s Services.

Termination

Third Party Businesses and Links

Parties other than Modopost and its affiliates will buy and sell of Items on the Website. In addition, the Website or the Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Modopost is not responsible for the content or availability of any such websites. Modopost is not responsible for examining or evaluating, and does not warrant the offerings of, any of these third parties or the content of any third party websites. You should review the conditions of use of any third party websites carefully.


International Trading

You agree to comply with all applicable domestic and international laws, statutes and regulations in soliciting or accepting Offers, and importing and exporting the Items and it is your responsibility to understand the laws of your jurisdiction governing the import and export of the goods and products, prior to creating a Posting or making an Offer to buy an Item. Modopost will not be responsible for any import/export restrictions of the Items. Any customs fees applicable to you upon importing/exporting Items in your jurisdiction will be your responsibility.

Intellectual Property Rights

The Website and its content (including without limitation the Website design, text, graphics videos, and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial use only.

Modopost does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Website. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate, sublicense or publish such Content for as long as you elect to display such Content. The licence shall be terminated when such material is deleted from the Services.

You should assume everything you see or read on the Website is protected by copyright laws and are owned by Modopost or by the users who has supplied the Item information, unless otherwise noted. You are free to use the content for private, non-commercial purposes, provided you do not modify or alter it in any respect and provided you retain all copyrights and other proprietary notices contained in the content. You require Modopost’s written consent to copy or display any portion of the content for redistribution to third parties or for any commercial use of the listings or information, in whole or in part, directly or indirectly.

Modopost may terminate your Account if you infringe the rights of others.

Copyright Complaint

If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is occurring on the Website, you must send a notice to Modopost containing: (i) a description of the work to which you have a claim and specifying what material in such work is subject to your claim; (ii) a description of where the infringing material is located on the Site; (iii) your contact information for Modopost to contact you, including your telephone number and email address; and (iv) a statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of Copyright Infringement can be sent by email to info@modopost.com.

Indemnity

You agree to indemnify and hold Modopost harmless from and against any breach by you of these Terms and Conditions and from any claim or demand brought against Modopost by any third party arising out of your use of the Services, the Website or any materials submitted, posted or transmitted by you through the Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Modopost in consequence of your breach of these Terms and Conditions.

 
Disclaimers and Limitation of Liability

Use of the Website and the Services is at your own risk. The Website and the Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

When a Shopper confirms an Offer that has been accepted by a Poster, the Poster and Shopper enter into a binding contract. Any disputes arising from such contract will be between the Poster and the Shopper, and Modopost accepts no liability or responsibility in relation to the said contracts; however, in the event of non-performance by a Poster or a Shopper, you can inform Modopost of the dispute and Modopost, in its sole discretion, may act to flag, suspend or take any necessary steps in relation to the Account of the party who violated the terms of the contract or the policies of Modopost.

To the extent permitted by law, Modopost will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the Services.

Modopost makes no warranty that the Website or the Services will meet your requirements, that the Contents will be accurate or reliable, that the functionality of the Website or the Services will be uninterrupted or error free, that defects will be corrected or that the Website or the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. Modopost does not warrant that product or Item descriptions posted by Posters on the Website are accurate, complete, reliable, current, or error-free.

Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

Shipping and Risk of Loss

Modopost is not responsible for shipping arrangements of Items between the Posters and Shoppers. This means that the risk of loss and title for such items passes to you pursuant to your shipment contract with the other party.


Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.


Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of British Columbia, Canada and you hereby submit to the exclusive jurisdiction of the British Columbia courts, except for any claims by Modopost for injunctive relief.


Poster's Representations and Warranties to Modopost and Shoppers

The Poster represents and warrants to Modopost and the Shoppers that:

a.    The Poster’s use of the Website and the Content shall comply with all applicable laws, including,
       without limitation, the local laws of the Poster’s jurisdiction;
b.    The Posting will accurately describe the Item in which the Poster is interested so as to best enable
       Shoppers to make Offers;
c.    The Poster will not transact with the Shopper by circumventing Modopost and will not solicit or
       accept from Modopost’s Shoppers the opportunity for the same Item or another merchandise
       outside of Modopost; and
d.    The Poster will send payment for Accepted Offers to the selected Shopper by the payment
       deadline as specified by the Shopper.

Shopper's Representations and Warranties to Modopost and Posters

The Shopper represents and warrants to Modopost and the Posters that:

a.    The Shopper’s use of the Website and the Content shall comply with all applicable laws, including,
       without limitation, the local laws of the Shopper’s jurisdiction;
b.    The Offer made by a Shopper will accurately match the Item requested by the Poster or describe
       an alternate Item, the Purchase Price of the Item and a reasonable shipping cost of the Item;
c.    The Shopper will not transact with the Poster by circumventing Modopost and will not offer to
       Modopost’s Posters the opportunity for the same Item or another merchandise outside of
       Modopost; and
d.    The Shopper will send the Item to the Poster upon receipt of payment from the Poster
       as set out in the Shopper’s Offer and accepted by the Poster.