Terms and Conditions
Welcome to getyourstufftogether.ca, a public sale website (Site). Any person who wishes to access the Site to participate in buying of goods must accept the Terms and Conditions, without change.
Terms and Conditions
This document describes terms and conditions applicable to your use of the services made available by getyourstufftogether.ca, Inc., ("Get Your Stuff Together," "We," or "Us"). PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE Site. BY BROWSING FOR AND USING THE SERVICES, you AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
Section 1. Important Information/Definitions
Please read the following terms and conditions of use carefully. Your use of and/or registration for additional services on this Site implies that you have read and accepted these Terms and Conditions unchanged. Do not use this Site if you do not agree and accept the Terms and Conditions provided below.
1. Definitions. The following terms shall have the following definitions unless inconsistent with their specific usage within the Terms and Conditions of this Agreement:
A. Services means the content, features, and functionality provided by the Site to allow the user to browse, and make purchases from the Site; specifically to act as an online venue to allow you the opportunity to buy used items. These online sales of used items are exclusive to Get Your Stuff Together, meaning no item will be contemporaneously held and the buyer on Get Your Stuff Together as described herein, is the buyer of the sale.
B. Sales means the online public sale of item(s) belonging to Get Your Stuff Together, or any one of their Consignors.
C. Terms and Conditions means those Terms and Conditions which may be changed or amended from time to time including additional Terms, Conditions, or disclaimers which may be added or modified, of which we will provide you notice via pop-up or hyperlink when such changes are, from time to time, made by us and your continued use of the Site thereafter constitutes your acceptance of any change to the Terms and Conditions.
D. Transaction means any purchase affected by you through the Site of an item and the consummation of the purchase and collection of the item, all constitute the transaction.
E. Site means Get Your Stuff Together Site located at www.getyourstufftogether.ca or any subsequent URL used by us from time to time.
F. We, Us, or getyourstufftogether.ca all refer to Get Your Stuff Together Inc., a registered Corporation whose principal office is located at, Suite 901, 33 Bloor St. E., Toronto, ON M4W 3H1.
G. You means the person accessing the Site and/or your authorised representatives and anyone you provide access to your personal banking information.
Section 2. General
2.1 Services. This Terms and Conditions of Use Agreement (hereafter this Agreement) sets forth the general terms and conditions that apply to the use by you on the Site, including the features and services offered by us from time to time at or through the Site (collectively with the Site, the "Services"). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and Get Your Stuff Together and, if applicable, the Consignor, and describes your responsibilities in connection with your use of the services and, among other things, limits the liability of Get Your Stuff Together. Before using any of the services, please read all of this Agreement carefully. By accessing or using any services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, you MUST NOT ACCESS OR USE THE SERVICES.
2.2 Amendments. We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Site. You may also receive notice of these changes by link or a pop-up when you next sign in. Continued use of the services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us, as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the services and the Site. The right to access and use the services is personal to you and is not transferable to any other person or entity.
2.3 Additional Agreements. As part of the services provided, we will provide to you from time to time, additional terms and conditions of use applicable to your use of the services available at the Site from time to time are or may be posted in relevant areas within the Site or may be agreed upon by you and Get Your Stuff Together in a separate written agreement (e.g. Privacy Policy). Together with this Agreement, such additional agreements will govern your use of the services made available by us to you. We reserve the right, exercisable at our discretion, to change or discontinue without prior notice some or all of the services we provide from time to time at the Site. Without limiting any of the foregoing, the following policies and agreements are hereby incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site. In case of any conflict between this Agreement and any additional agreements, this Agreement will control.
2.4 Your Account. Your Account is identified by your chosen user Identification (your "Username") and you are the only party authorised to use your username. You are responsible for maintaining the confidentiality of your account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the services. You are responsible for all uses of your account, whether or not actually or expressly authorised by you. If you believe that your account has been misused or compromised in any manner, please contact us immediately.
2.5 Covenant Regarding your Account. You agree that you will not maintain multiple registered accounts or user names with us without our express written consent. If you wish to maintain a multiple account, you may submit a request to do so including your primary username and your reason for having multiple accounts.
2.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the services and all charges of any description arising from or relating thereto.
Section 3. Information You Provide to Us.
3.1 Your Information. The term "your Information" means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any services or in email correspondence with us, and (ii) any search terms or other instructions that you transmit to our servers through a web browser.
3.2 Covenant Regarding your Information. You agree that your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party`s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) will not be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the services, (vi) will not create any liability for Get Your Stuff Together or cause Get Your Stuff Together to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, and (vii) will not contain any links to or from other information or Sites for which you do not have the right to make or reproduce such links.
3.3 Updated Information. If you are a registered user of the Site, you agree to promptly update your account registration information in order to keep it current, complete, and accurate.
3.4 Limited License. To enable us to use your information, so that we are not violating any rights you might have in your information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your information, in any media now known or hereafter existing, with respect to your information.
3.5 Privacy Policy. Get Your Stuff Together is committed to protecting your privacy. Click here Get Your Stuff Together Privacy Policy for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Get Your Stuff Together may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorised herein and unless otherwise authorised or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by Get Your Stuff Together except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited email or spamming, harassments, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy. You also give your consent to the way we may use your information pursuant to the Privacy Policy. If you have any questions not addressed in our Privacy Policy Document, you should address them to 33 Bloor Street East, Toronto, ON M4W 3H1 or email to getyourstufftogetherinc@gmail.ca . Any information you provide to third parties is governed by their respective privacy policies.
Section 4. Use of Content.
4.1 Copyright. You acknowledge that the services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Get Your Stuff Together, or third parties. All content used or made available through the services is copyrighted as a Get Your Stuff Together, Inc., collective work and/or compilation of Get Your Stuff Together pursuant to applicable copyright law. Get Your Stuff Together owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Get Your Stuff Together or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any content available on or accessed through the services.
4.2 Trademarks. Get Your Stuff Together and getyourstufftogether.ca are trademarks and service marks of Get Your Stuff Together, Inc., ALL RIGHTS RESERVED. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of the same, is strictly prohibited.
4.3 Beneficiaries. The foregoing provisions of this Section 4 are for the benefit of Get Your Stuff Together, its subsidiaries, affiliates and its third part content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Section 5. Site Access; Interference with Services; Monitoring; Compliance with Laws.
5.1 Site Access. We do not guarantee continuous, uninterrupted, or secure access to the services, and operation of the Site may be interfered with by numerous factors outside of our control. Internet connection speed will determine how rapidly pages with photographs load to your browser.
5.2 No Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or the services, or any transaction being conducted on or through the Site or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our server infrastructure of the Site.
5.3 Fraudulent Activity. You may not register to use any services under a false name, or use an invalid or unauthorised credit card in connection with any services. You may not purchase any goods or services under a false name while using the services. You may not impersonate any other user of the services, or make use of another user’s password(s). Such fraudulent conduct is a violation of federal, provincial and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
5.4 Monitoring. You agree that Get Your Stuff Together has the right, but not the obligation, to monitor any form of user activity and/or content linked to or from or otherwise associated with the services. We may investigate any reported violation of our Agreement, additional agreements or Site policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating services, denying Site access and/or removing any materials posted on the Site, and/or temporarily suspending an account during such investigation), all of which is described in Section 7.1. We may also investigate, in our sole discretion, the use of any credit card used by you in connection with the services, and take such action as we deem necessary or appropriate, including without limitation contacting the owner or user of such credit card or cancelling purchases placed by such owner or user.
5.5 Compliance with Laws. The services may be used only for lawful purposes and in a lawful manner. you agree to comply with all applicable laws, statutes and regulations regarding use of the services and any transactions that may be conducted by means of the services.
Section 6. External Sites; Linking.
6.1 External Sites. The services may contain links to Sites on the internet that are owned and operated by third parties (the "External Sites"). This Agreement does not apply to your use of any external Site to which the Site links, and we are not responsible for the availability of any external Site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any external Site, and you acknowledge that Get Your Stuff Together is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any external Site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any external Sites. If you decide to access an external Site, you do so at your own risk. You should contact the Site administrator or webmaster for those external Sites if you have any concerns regarding such links or the content or services located on such external Sites.
Section 7. Breach.
7.1 Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the services to you: (i) if you breach this Agreement or any of the additional agreements it incorporates by reference or which you have separately entered into with Get Your Stuff Together; (ii) if we are unable to verify or authenticate any information you provide to us; or (iii) if we believe that your actions may cause legal liability for you, us, our other users, or other third party business affiliates.
Section 8. Indemnity.
8.1 You agree to indemnify, defend, and hold Get Your Stuff Together and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Company Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys` fees) incurred by any Get Your Stuff Together party in connection with any use or alleged use of the service under your password by any person, whether or not authorised by you. Get Your Stuff Together reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Get Your Stuff Together’s defence of such claim.
Section 9. Termination of or Change in the Services.
9.1 Get Your Stuff Together shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the services. Get Your Stuff Together reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the services at any time for any reason without prior notice or liability. Get Your Stuff Together may change, suspend or discontinue all or any aspect of the services at any time, including the availability of any feature, database, or content without prior notice or liability.
SECTION 10. DISCLAIMER OF WARRANTIES.
10.1 NEITHER Get Your Stuff Together NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE Site OR SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES Get Your Stuff Together, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE Site, SERVICES OR THE CONTENT. THE SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF Get Your Stuff Together, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE Site, SERVICES, ANY CONTENT OR ANY PRODUCTS SOLD THROUGH THE SERVICES. NEITHER Get Your Stuff Together NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE Site OR SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, Get Your Stuff Together MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER SYSTEM CONFIGURATION WILL BE COMPATIBLE WITH THE Site. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER SYSTEM HAS THE RECOMMENDED HARDWARE, OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE VERSIONS TO ACHIEVE THE Site`S FULL FUNCTIONALITY AND CAPABILITIES. Some states do not allow the disclaimer of implied warranties or limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you. You may have other rights, which vary from state to state.
SECTION 11. LIMITATION OF LIABILITY.
11.1 THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 11 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Get Your Stuff Together IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.2 UNDER NO CIRCUMSTANCES WILL Get Your Stuff Together OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED ON THE Site. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
11.3 NEITHER Get Your Stuff Together, ANY THIRD-PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE Site OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF PURCHASE MADE PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Get Your Stuff Together, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Section 12. Miscellaneous.
12.1 Governing Law. ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE, TERRITORY OR STATE IN WHICH THE LOT IS LOCATED WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS. Each of the parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of the state or province in which the lot is located (the "state court") for any litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the province/territory/state court and agrees not to plead or claim in any province/territory/state court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the provincial, territory or state court.
12.2 Headings. Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.3 Severability; Construction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions of additional agreements (whether such additional agreements are posted in electronic format on the Site or are separate written agreements entered into between you and Get Your Stuff Together) such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions of the additional agreements shall control.
12.4 Waiver. Get Your Stuff Together’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Get Your Stuff Together’s right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Get Your Stuff Together must be made in writing and signed by an authorised representative of Get Your Stuff Together specifically referencing this Agreement and the provision to be waived.
12.5 Assignment; Third-Party Beneficiaries. This Agreement will inure to the benefit of Get Your Stuff Together’s successors and assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto.
12.6 Notices. Except as otherwise provided herein, any notices to be given pursuant to this Agreement may be given by postal mail to Get Your Stuff Together, Inc., 33 Bloor St. E., Suite 901, Toronto, ON M4W 3H1 Attn: Get Your Stuff Together Management (in the case of us) or to the email address you provide to Get Your Stuff Together during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Get Your Stuff Together during the registration process in the event that an address was supplied. In such case, notice shall be deemed given 3 days after the date of mailing.
12.7 No Agency; Third-Party Beneficiary Get Your Stuff Together is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be constructed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representation, warranties, covenants, conditions and provision hereof are intended to be and are for the sole and exclusive benefit of Get Your Stuff Together, and you.
12.8 Survival. Subsections 3.1, 3.2, 3.3, 3.4, 3.5, 4.2, 4.3, 5.2, 5.3, 5.4, 5.5, 12.1, 12.2, and 12.3 and Sections 7, 8, 9, 10 and 11 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.
12.9 Integration. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and except for any additional agreements that you may have entered into with Get Your Stuff Together, supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.
Please contact getyourstufftogether.ca with any questions regarding this Agreement.
© Get Your Stuff Together 2023 All Rights Reserved