Vendor Terms & Conditions
Acknowledgement of Seller and Buyer to use of Platform
1229212 B.C. Ltd. (the “Operator”) operates Ballasters (the “Platform”) which is a marketplace that allows users to offer, sell and buy goods online. The Platform is only a marketplace and the actual contract for purchase and sale is directly between the seller and buyer.
Any guidance provided directly from the Operator on the pricing, shipping, listing, and sourcing is solely informational and the seller and buyer may decide to follow it or not.
The Operator has no control over and does not guarantee: the existence, quality, safety or legality of items advertised on the Platform by any seller; the truth or accuracy of any seller or buyer content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Rules for Seller to follow on the Platform
In connection with using or accessing the Platform services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our platform, services, applications or tools, or are a person with whom transactions are prohibited under economic or trade sanctions;
- fail to deliver items sold by you, unless you cannot contact the buyer;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Platform or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Platform services for any purpose, except with the prior express permission of Platform officials;
- infringe any Intellectual Property Rights that belong to the Platform;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures used to provide the Platform services.
If the Operator believes you are abusing our services in any way, it may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to the Platform, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Platform.
When listing an item for sale on the Platform, you agree that:
- You are responsible for the accuracy and content of the listing and item offered;
- Content that violates any of the Platform’s policies may be modified, obfuscated or deleted at the Operator’s discretion; and
- You are responsible for any remediation, costs, damages, losses, or any other negative effects of any breach of the stated rules of the Platform or any applicable laws, regulations or orders concerning your activity on the Platform.
Fees and Taxes
The Operator does not accept any responsibility for the completion of any transaction that occurs between the seller and buyer on the Platform.
All taxes payable under the transaction are the responsibility of the seller and buyer.
The Operator may display third-party advertisements (including links and references thereto) or other content in any part of the Platform services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers or buyers.
When buying an item on the Platform, you agree to the Rules and policies for buyers and that:
- You are responsible for reading the full item listing before making a bid or commitment to buy;
- You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted;
- The Operator does not transfer legal ownership of items from the seller to the buyer; and
- The laws and regulations of the Province of British Columbia apply to the transfer of ownership between the buyer and the seller.
Disclaimer of Warranties and Limitation of Liability
The Operator shall try to keep the Platform services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services.
You agree that you are making use of the Platform services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, the Operator (including its parent, subsidiaries, and affiliates, and its and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Platform services;
- your use of or your inability to use our Platform services;
- pricing, shipping, format, or other guidance provided by the Operator;
- delays or disruptions in the Platform services;
- viruses or other malicious software obtained by accessing or linking to the Platform services;
- glitches, bugs, errors, or inaccuracies of any kind regarding the Platform services;
- damage to your hardware device from the use of any Platform service;
- the content, actions, or inactions of third parties, including items listed using the Platform services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Platform Rules section;
- the duration or manner in which your listings appear in search results as set out in the Platform Rules section; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or the Platform policies.
Regardless of this Acknowledgement and Agreement that the Operator shall not be liable for any damages resulting from the use of the Platform, if the Operator is found to be liable, the Operator’s liability to you or to any third party is limited to the greater of (i) the price the item sold for on the Platform or (ii) $100.
Release and Indemnity
If you have a dispute with one or more users, you release the Operator (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from claims, losses, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In entering into this Release you expressly waive any protections (whether statutory, in equity or otherwise) that would otherwise limit the coverage of this Release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this Release.
You will indemnify and hold the Operator (including its affiliates and subsidiaries, as well as its and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of the Platform and the Operator’s services or your breach of any law or the rights of a third party.