Welcome to www.apprand.ca (“APPRAND”). Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services.
By accessing APPRAND you are agreeing to the following terms, which are designed to make sure that APPRAND works for everyone. APPRAND is provided to you by APPRAND.com, Sheppard Ave E, ON Toronto, Canada. This policy is effective July 1, 2016.
Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our
Privacy Policy.
If you believe your Account may have been compromised or misused, contact us immediately at APPRAND Customer Support.
Using APPRAND Services. You will post in the appropriate category or area and will not do any of the following bad things:
- * violate any laws or our Prohibited Content Policy;
- * be false or misleading;
- * infringe any third-party right;
- * distribute or contain spam, chain letters, or pyramid schemes;
- * distribute viruses or any other technologies that may harm APPRAND or the interests or property of APPRAND users;
- * impose an unreasonable load on our infrastructure or interfere with the proper working of the APPRAND;
- * copy, modify, or distribute any other person’s content;
- * use any robot, spider, scraper or other automated means to access APPRAND and collect content for any purpose without our express written permission;
- * harvest or otherwise collect information about others, including email addresses, without their consent;
- * bypass measures used to prevent or restrict access to APPRAND.
Abusing APPRAND Services. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off APPRAND if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off APPRAND or not, we do not accept any liability for monitoring APPRAND or for unauthorized or unlawful content on APPRAND or use of APPRAND by users.
Global Marketplace. Some of APPRAND’s features may display your ad on other sites that are part of the global APPRAND community, like on APPRAND or our classifieds sites in other countries. By using APPRAND Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using APPRAND Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).
Content. APPRAND Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute APPRAND Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify our designated copyright agent at APPRAND Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Reporting Intellectual Property Infringements (Verified Rights Owners – VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. The following steps are for reporting a listing to APPRAND that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through APPRAND’s VeRO Program. If you have a good faith belief that a listing on any of the APPRAND Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to APPRAND. After we receive your first NOCI, APPRAND will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We reserve the right to share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.
Disclaimers and Limitations of Liability. The APPRAND Services are provided “as is” and “as available”.
You agree not to hold us responsible for things other users post or do. As most of the stuff on the APPRAND Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of APPRAND, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
Indemnification.
You will indemnify and hold harmless APPRAND and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the APPRAND Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Personal Information. By using APPRAND Services, you agree to the collection, transfer, storage and use of your personal information by Marktplaats BV (the “data controller”) on servers located in the United States and in the European Union as further described in our privacy policy.
General. These terms and the other policies posted on APPRAND Services constitute the entire agreement between Marktplaats BV and you, superseding any prior agreements. This agreement is governed by the laws of Canada. We both submit to the non-exclusive jurisdiction of the courts of Ontario, Canada. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
APPRAND official email
info@apprand.ca
Re: APPRAND Canada : User Inquiries
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to APPRAND Customer Support.
Last Modified: July 22, 2016
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