Skip to main content

BCAA AUTO MARKETPLACE TERMS OF SERVICE

These Terms of Service (the “Terms”) apply to your access to and use of the BCAA Auto Marketplace  provided via our website at https://marketplace.bcaa.com (the “Website”) and all other websites, software, and services related thereto (collectively, the “Service”), owned and operated by British Columbia Automobile Association (the “BCAA”, “we”, “us”, “our”). The Service provides an online marketplace where British Columbians (both BCAA Members and non-members) can list, sell, or buy vehicles (the “Vehicles”). By accessing and using the Service, you accept and agree to be bound by these Terms, and all applicable laws and regulations.

PLEASE READ THESE SERVICE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Your use of the Service is subject to these Terms and any other agreements entered into between you and BCAA, as applicable.  If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Service.

Updates to Terms

Where permitted by applicable law, we reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before it becomes effective.  We will ensure that the latest, fully-amended version of these Terms are published on the Service.  You are responsible for regularly reviewing the Service to obtain timely notice of such amendments. Where applicable law requires that notice of any such revisions be provided to you, such notice will be provided in accordance with the law.  If any amendment is unacceptable to you, you may terminate your agreement to these Terms as set out above. If you continue to use the Service after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Service.

User Categories

The Service may be used in different ways by different categories of users. Through your use of the ‎Service, you will be categorized as one or more of the following:

  1. ‎“Seller” – if you use the Service to sell Vehicles to Buyers;
  2. ‎“Buyer” – if you use the Service to buy Vehicles from Sellers;
  3. Visitor” – if you simply access the Service, but do not use any of its features;

‎              (collectively, the “Users”, or each a “User”)‎.

No Endorsement, Contract, or Offer

No part of the Website shall be taken to constitute an offer or solicitation from or by BCAA to buy or sell Vehicles. Vehicle listings displayed on the Website are merely published by BCAA, without verification or endorsement, and any correspondence or transaction between Buyers and Sellers relating to Vehicles listed for sale through the Website are between such Buyer and Seller. BCAA is not a party to such correspondence or transactions. BCAA is not responsible for any damages you may suffer by corresponding with or entering into transactions with other Users or any third parties, including the payment for or delivery of goods, and for any terms, conditions, warranties, or representations associated with such dealings.

Fees

Registering for an Account and listing a Vehicle is free, however, BCAA charges certain fees for value-added services offered through the Service (the “Value-Added Services”). Such fees are quoted in Canadian Dollars. We reserve the right at any time and from time to time to change, modify, add, remove, ‎‎suspend, cancel, or discontinue any aspect of the Services in our sole discretion. ‎ Our fees are non-refundable and you are responsible for paying them when due. By providing a payment method, you expressly authorize us and/or ‎our third party payment ‎processor to charge the applicable fees on said payment method, as well ‎as taxes and other ‎charges related thereto, all of which depend on the Value-Added Services you utilize. You agree that we ‎may charge any unpaid amounts to your provided ‎payment method and/or send you a bill for ‎such unpaid fees.‎ If you provide a payment method and our charge results in an overdraft, ‎chargeback, or other ‎fee from your bank, you alone are responsible for that fee.‎ If you ‎become aware of a potential breach of security to your billing ‎information (such as credit card ‎loss or theft), you must notify us immediately.‎

Specific Terms for Sellers

Sellers may list Vehicles for sale and communicate with other Users on the Website. The following terms apply to Sellers:

  1. You agree that you have all rights necessary to sell any and all Vehicles you list through the Service and will describe such Vehicles truthfully, accurately, and completely.
  2. BCAA’s third-party payment provider, Stripe, processes receipt of payment from Buyers and payout of proceeds to Sellers, and payments for any Value-Added Services. Sellers are required to supply “Know Your Client” (KYC) information to Stripe and provide payment information to Stripe in order to pay for any Value-Added Services.
  3. To the extent required by applicable law, Sellers must register, maintain, and comply with any licenses, registrations, and all other approvals required in connection with their use of the Service and their User Content (each a “Registration”). Sellers will, at our request, deliver to us, as soon as possible, proof of any applicable Registrations in good standing.
  4. The Seller is responsible for remitting any and all required taxes on Vehicle sales to the appropriate authorities.

Specific Terms for Buyers

Buyers may make offers on or purchase Vehicles and communicate with other Users on the Website. The following terms apply to Buyers:

  1. Buyers may make offers on Vehicle listings and purchase Vehicles on the Website. You are solely responsible for reading and reviewing the Vehicle listing before making an offer or a purchase.
  2. BCAA’s third-party payment provider, Stripe, processes receipt of payment from Buyers, payout of proceeds to Sellers, and payments for any Value-Added Services. Buyers are required to provide payment information to Stripe in order to pay for a Vehicle or any Value-Added Services.

License to Use

Subject to these Terms, we grant you, the User, permission to access the Service as a personal, non-exclusive, non-transferable, limited license to use the Service for the purposes of publishing content, accessing others’ content, interacting with content providers and viewers, and sending personal electronic messages (the “Purpose”), provided that with respect to any materials obtained from the Service, you may not:

  1. modify, copy, reproduce or create derivative works of such materials, except as explicitly provided;
  2. use the materials for any commercial purpose and for any purpose other than the Purpose;
  3. distribute or transmit the materials;
  4. publicly display, publish or perform the materials (for any purpose, commercial or non-commercial);
  5. create derivative works from, transfer, or sell any materials;
  6. attempt to decompile or reverse engineer any software or database contained in or accessed through the Service; or
  7. remove any copyright or other proprietary notations;

without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. 

Privacy Policy

You acknowledge that you have read the terms of the Privacy Policy located on the Service (the “Privacy Policy”) at https://www.bcaa.com/auto-marketplace-privacy, and hereby consent to the collection, use and disclosure by us and our agents/mandataries of your personal information in accordance with the Privacy Policy, which is incorporated herein by reference and forms an integral part hereof.

Your Account

You are not required to create a user account or provide any personal information in order to visit the Website, but in order to use certain features of the Service, you must register for an account. In consideration of your use of the Service, you agree to: (a) provide us with accurate, current and complete information about you as may be prompted by any user sign-up forms on the Service (“User Account Information”); and (b) maintain and promptly update the User Account Information, and any other information you provide to us, to keep it accurate, current and complete.  Upon providing User Account Information to us through the Service, you will be given access to a user account (your “Account”). You hereby agree to be fully responsible for (w) all use of your Account, (x) any action that takes place using your Account by any person or automated process, (y) maintaining the confidentiality and security of the password to your Account, and (z) immediately notifying us upon any unauthorized use of your password or your Account. For greater clarity, Visitors are not required to create an account.

You must not register for an Account on behalf of any individual other than yourself or register for an Account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.  You must not register an Account with a username that infringes any third-party intellectual property rights or that we deem, in our sole discretion, is offensive or otherwise in violation of these Terms including without limitation, a user name which violates the Prohibited Uses defined below.

We reserve the right to correct or modify your Account, in our sole discretion, at any time to ensure compliance with these Terms.

Minors

Access to certain Services or features of the Services may be subject to age restrictions and not ‎available to all users of the Services. The Services are only for users 19 years old and over. By accessing or ‎using our Services, you confirm that: (a) you are over 19 and can form a binding contract with ‎‎BCAA; (b) you accept these Terms; and (c) you agree to comply ‎with these Terms. If you are over 19 but under the legal age to enter into a contract in your jurisdiction, ‎your parents or legal guardian must read and agree to these Terms, as well as supervise your use of the ‎Services. If you do not have consent from your parents or legal guardians, you must cease accessing or ‎using the Services. If we learn that someone under the relevant age is using the Services, we will ‎terminate access to the Services for such user. ‎

WAIVER AND ASSUMPTION OF RISK

BY ACCEPTING THESE TERMS YOU freely accept and voluntarily agree to assume all risks of personal injury, death and property damage or loss connected with your use of the Service AND ANY CONTENT ON THE SERVICE howsoever arising, TO THE EXTENT PERMITTED BY APPLICABLE LAW, including: (a) conditions on or about the lands and premises, the operation or specifications of the equipment, transportation and any other operations associated with your use of the Service, (b) actions, omissions or negligence (including failure to use reasonably prudent and careful care, and failure to protect you from risks, dangers and hazards inherent in the use of the Service) of BCAA and our subsidiaries, affiliates, directors, officers, contractors, employees, agents/MANDATARIES, insurers and other representatives (“BCAA Personnel”), the owners and lessors of the lands/premises where the Service is being used, all of their respective affiliates, successors and assigns (together with BCAA Personnel, the “Releasees”), and (c) any breach of contract, breach of statutory duty or other breach of duty of care, including any duty of care imposed by law, by equity, on the part of all or any of the Releasees.

YOU hereby waive, release and forever discharge the Releasees from and against any and all manner of liabilities, claims, demands, suits, damages (including direct, indirect, special, punitive, incidental and consequential damages), losses, interest, costs, expenses, debts, actions and causes of action of any kind, character or nature whatsoever, known or unknown, fixed or contingent, including those of loss, damage, injury or death howsoever arising, including as described in THE paragraph DIRECTLY ABOVE (“Claims”) that YOU have, may have, or have ever had resulting from or connected in any way with YOUR USE OF THE SERVICE OR ANY CONTENT ON THE SERVICE, including, but not limited to, anything arising after the date of YOUR AGREEMENT TO THESE TERMS.

Proprietary Rights

In these Terms, “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.

Our Content – Except where expressly stated otherwise, all right, title and interest in and to the Service and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Service (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Service or these Terms grants you any right, title, or interest in or to Our Content except the limited right to use the Service as set out herein.

User Content - All Content that Users upload to the Service (collectively, “User Content”) remains fully vested in each User or their licensors.  By accessing the Service and providing us with User Content, you are deemed to grant us a non-exclusive, perpetual, irrevocable, transferable, sublicenseable (including, without limitation, through multiple tiers of sublicensing), royalty free, fully paid up, and worldwide license to use, distribute, reproduce, reformat, modify, adapt, delete, publish, translate, copy, edit, ‎perform, display and create derivative works from such User Content for the purposes of operating, marketing and improving the Service or any other BCAA products or services.

Third Party Content – Content accessed or available through the Service or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Service or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Service as set out herein.

Responsibility for Content – You represent, warrant, and covenant that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any User Content and any other content, information or material received, transmitted or sent by you using the Service.

Objectionable Content - You will not, and we strictly prohibit, the uploading and display of any Content portraying explicit ‎nudity, adult content, or that is unacceptable for viewing by minors or objectionable, in our sole ‎discretion. For example, but without limitation, prohibited Content would include material that promotes hatred or violence or User Content that would only be ‎appropriate for adult sites, adult magazines, or R-rated movies. You acknowledge and agree that the ‎sole discretion of whether Content is suitable belongs to us, and we reserve the right (but have ‎no obligation) to (a) delete any Content we deem to violate these Terms, or (b) to ‎cancel the Account and terminate or restrict access to any corresponding Service from which such User Content was made ‎available on the Service without providing you with advance warning.‎

Public Transmission and Caching – You acknowledge and agree that the technical processing and transmission of the Service, including Content, may involve transmission over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

Feedback – All right, title and interest in and to comments, ideas, suggestions and impressions of the Service and our products given by you to us, and all the anonymous Technical Data (as such term is defined in our Privacy Policy) (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign all right, title and interest in and to such Feedback to us.

Compliance and Complaints – We do not have any obligation to censor or review any Third-Party Content or to monitor use of the Service. However, you agree that we may, without notice or liability, disclose to third parties any of your information, monitor use of the Service and monitor, review and retain any Content if we believe in good faith that such activity is reasonably necessary to provide the Service to customers, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Service by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Service, including your Account.

Messaging is Encrypted - All messaging between Users is encrypted and private, and is unable to be decrypted or otherwise accessed by BCAA. As such, BCAA cannot and does not review the content of any such messages, unless Users provide us access to such messages directly.

 

Proprietary Notices

The Service and all of Our Content is owned and copyrighted by BCAA or its licensors, and is licensed to you in accordance with these Terms only.

The trademarks, logos, and service marks displayed on or through the Service are the property (whether registered or unregistered) of BCAA, its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior written consent. Except as expressly indicated on the Service, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

The CAA and BCAA name and logo displayed on or through the Service are the property of the Canadian Automobile Association (“CAA”). BCAA is a licensed user of these marks.

Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property rights. We may also, at our sole discretion, limit access to the Service or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.

Acceptable Use and Prohibitions

In addition to any other terms or conditions regarding your use of the Service in these Terms, we may require you to agree to specific terms for particular services, products or areas of the Service from time to time by confirming your agreement.  Any such additional terms which you agree to will be deemed incorporated into these Terms.

Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms, you must ensure that:

  1. you only use the Service for lawful purposes and only for the Purpose; and
  2. if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation

Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms, you agree that you will not, in connection with the Service, directly or indirectly do or permit any of the following:

  1. alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Our Content or any Third Party Content;
  2. reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Service, Our Content or any Third Party Content, or any part thereof;
  3. make the Service or Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service in any way except in furtherance of your permitted use in accordance with these Terms;
  4. except as expressly permitted by BCAA in writing, republish any Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be;
  5. use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Content;
  6. register for more than one Account, register for an Account on behalf of an individual other than yourself (except if you are the parent or legal guardian to such individual), or register for an Account on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity);
  7. sell anything you don’t have a right to sell under applicable law;
  8. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your User Account Information, Account or otherwise;
  9. upload, post, transmit, share or otherwise make available on the Service any Content that:
    (a) consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that is prohibited by law;
    (b) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information;
    (c) in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; or
    (d) contains Trojan Horses, worms, time bombs, or software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  10. disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or Content;
  11. remove any copyright or other proprietary notices on or in the Service, Content or any part thereof;
  12. solicit personal information from anyone under 19 years of age or solicit passwords or personally identifying information from any person for unlawful purposes;
  13. use the Service or any Content to “stalk”, intimidate, harm or otherwise harass another User or another person;
  14. intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority;
  15. access the Service in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service or Content;
  16. utilize the Service in any way except as expressly permitted by these Terms, including by developing or using any software tool or other application that interfaces with the Service or the Website except for standard web browsers;
  17. interfere with or disrupt the Service or Content (including the servers, networks or technology connected to the Service); or
  18. use or attempt to use another's Account or the Service without express authorization from us or the applicable User.

Termination

We may, in our sole discretion, suspend, restrict or terminate your use of the Service, including your Account, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Service or our or any third party’s equipment or network is impaired by your use of the Service, we have received a third party complaint which relates to your use or misuse of the Service, or you have been or are in breach of any term or condition of these Terms.

Disclaimers, Limits of Liability, and Indemnities

Internet-Based Limitations – Your use of the Service may depend on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

Customer Acknowledgement – You acknowledge and agree that (i) all use of the Service provided by us is at your own risk, (ii) the Content that you may access while using the Service may contain links to other websites or applications, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such websites or applications or the information contained therein, and (iii) all products and services provided under these Terms are provided on an “as is” and “as available” basis.

Disclaimer of Warranties – We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness, accuracy, safety or health risks of the Service or any User Content or Third Party Content. We do not control or direct what Users do or say on the Service, and we are not responsible for the actions or conduct of our Users (whether online or offline) or any Content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER, IN CONNECTION WITH THE SERVICE OR ANY USER CONTENT.

NO LIABILITY – NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, RESELLERS OR DISTRIBUTORS (COLLECTIVELY IN THESE DISCLAIMERS AND LIMITATIONS, “WE” OR “US”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE SERVICE, OR ANY CONTENT OR SOFTWARE IN CONNECTION THEREWITH, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IF SUCH DAMAGES OR LOSSES WOULD BE REASONABLY FORESEEABLE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:

  1. SENDING, RECEIVING, NOT SENDING, NOT RECEIVING, LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS, DATA OR TRANSACTIONS ENTERED INTO THROUGH OR USING THE SERVICE;
  2. ANY SUSPENSION, CURTAILMENT, RESTRICTION, TERMINATION OR OTHER LIMITATION PLACED ON YOUR USE OF THE SERVICE, OR YOUR ACCOUNT;
  3. ANY ACT OR OMISSION OF YOU OR ANY THIRD PARTY, INCLUDING ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS;
  4. THE PERFORMANCE OF THE SERVICE;
  5. THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING ANY SOFTWARE) RELATED TO THESE TERMS OR VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED USING, OVER OR THROUGH THE SERVICE, INCLUDING MATERIAL THAT INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS; AND
  6. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES, TROJAN HORSES, SPYWARE, SPAM OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH OUR SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED $100.

THE LIMITATION OF LIABILITY PROVISIONS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.

Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability.  In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

Indemnity By You – To the fullest extent permitted by applicable law, you agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from (i) access to or use, by you or permitted by you, of the Service or your Account, (ii) your User Content; or (iii) any of your acts or omissions, including, without limitation, breach or non-performance of these Terms and any violation of any third party rights, including, without limitation, the infringement of third party intellectual property rights in relation to User Content.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ‎OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE ‎DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ‎ADDITIONAL RIGHTS.  NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY ‎CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.‎

Copyright

If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Service, you may send a written notification to our designated agent for copyright and other complaints:

  1. by e-mail: support@marketplace.bcaa.com
  2. by regular mail: The General Manager, BCAA, Auto Marketplace, 4567 Canada Way, Burnaby, BC, V9N 2K6

The notification must be a written communication that includes the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
  3. if the complaint is about objectionable content, the reasons for the objection;
  4. identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  5. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  6. a statement that the information in the notification is accurate; and
  7. if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.

General Provisions

Interpretation – In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (iii) all references to Service shall also include any successor or replacement applications containing substantially similar information as the referenced Service(s), and (iv) any monetary amounts expressed are in Canadian dollars.

Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Service, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Notifications – Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Service, as we may determine in our sole discretion.

Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles.  You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.

Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

Relationship – You agree that no joint venture, partnership, employment, or agency or mandate relationship exists between us and you as a result of these Terms or your use of the Service.

Language - By agreeing to these Terms, you acknowledge that you have expressly selected the English version of ‎same and agreed to transact with BCAA in English. En acceptant les présentes Conditions, ‎vous reconnaissez avoir expressément sélectionné la version anglaise desdites Conditions et convenu de ‎faire affaires avec BCAA en anglais.

Entire Agreement – These Terms, as amended from time to time, including any and all documents, applications, rules, terms and policies referenced herein and any other agreements entered into between us and you, as applicable, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and the Service, and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

Questions and Concerns:

If you have any questions or concerns about these Service terms, please contact us at support@marketplace.bcaa.com.