Terms

Hello and Welcome to chillsell.ca, Thank you for choosing this website. Throughout the site, the terms “we”, “us” and “our” refers to Chillsell.ca and “you” refers to a “user(s)” of chillsell.ca (individual or business). By accessing or interacting with the chillsell.ca our servers or hosting services we use, services, websites, mobile application “app” or any associated content, user content, advertisements or postings, you agree to these Terms of use and service or any of its subdomains or affiliate domains you agree to be bound by the following terms of use and service and privacy policy, other policies and notices. By using our services, you expressly consent to our collection, use, disclosure and retention of your Personal Information as described in this Privacy Policy, other policies, notices and Terms of use and service.  

These terms of use and service and conditions may be changed or modified at any time by chillsell.ca on the website and mobile app without any prior notice, any updates to the website and mobile app or tools which are added to the chillsell.ca shall also be subject to the terms of use and service and may be updated or modified without any prior notice. You can review the most current version of the terms of service at any time on this page. You agree that it is your responsibility to monitor changes to our site. We reserve the right to update, change or replace any part of these terms of service by making changes to our website. It is your responsibility to check this page periodically for changes and your continued access to the website means that you agree to be bound by the most current and updated version of the terms and conditions and all other policies, notices and site rules. It is the user responsibility to periodically check time to time for any changes in terms and conditions and all other policies, rules and user is bound by them if they wish to continue using chillsell.ca. User’s also agree that chillsell.ca is a private website and if you are using chillsell.ca for wholesale or volume selling or on behalf of any business, user must be an authorized representative and authority to use the services of chillsell.ca on behalf of that business and bound by chillsell.ca terms of conditions, all policies and notices. user must check our privacy policy, terms of use and services, conditions, any other policies and notices stated on chillsell.ca and adhere and agree to them to use the services. If user does not agree to the terms of use and service, privacy policy and all other policies and notices you are not authorized to use chillsell.ca or download the App. By using Services, you agree to the collection, transfer, storage and use of your personal information by chilsell.ca on servers located in Canada. We are not responsible for any information you may lose as a result of equipment or power failures or our servers/or hosting service we use for terminating your session due to prolonged periods of inactivity. We make good faith efforts to store data securely, but can make no guarantees or promises.

To the full extent permitted by law, chillsell.ca, and its owner, directors, employees, affiliates, agents, contractors, licensors and successors in interest makes no promise, warranties or representations as to chillsell.ca including its availability, accuracy, completeness, reliability, timeliness, propriety or security. chillsell.ca 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 cannot guarantee continuous and secure access to our services. we reserve the right at any time to modify or discontinue the service or any part or content of chillsell.ca without prior notice at any time. There may be information on our website or in the service that contains typographical errors, omissions or inaccuracies that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without any prior notice including after you have submitted your order. We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated. The Services are provided “as is” and “as available” and any risk of using Chillsell.ca is assumed by you. In no case shall chillsell.ca, our owner, directors, employees, affiliates, agents, contractors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, reputation, or any special, indirect, or consequential damages of any kind arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility arising from or related to Chillsell.ca, In no event, including (without limitation) negligence, will chillsell.ca and owner of chillsell.ca be liable for any loss or damage of any kind, including (without limitation) any direct, special indirect or consequential damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to chilsell.ca and/or other sites via chillsell.ca. Chillsell.ca cannot and does not guarantee or warrant that any content or files available for downloading through chillsell.ca or delivered via electronic mail through chillsell.ca will be free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties and in no event shall such liability exceed CDN $100 or the amount you paid us in the year preceding such loss, some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. In case that any provision of these terms of use and service is determined to be unlawful, invalid or ineffective, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of use and service, such determination shall not affect the validity and enforceability of any other remaining provisions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. Terms of use and service are effective unless and until terminated by either you or us, you may choose to terminate these terms of use and services by not using chillsell.ca or by notifying us and we may terminate this agreement anytime without any prior notice you will remain liable for all amounts due up to and including the date of termination and we may deny access to services in whole or in part. The failure of us to exercise or enforce any right or provision of these terms of use and service shall not constitute a waiver of such right or provision, any vagueness in the interpretation of these terms of use and service shall not be construed against the drafting party. It is your responsibility to check these terms of use and service on chillsell.ca from time to time and get yourself updated about the agreement, and updated terms of use and service supersedes all other previous agreements whether verbal or written. These terms of use and service and any separate agreements (if any available) whereby we provide you services shall be governed by and construed in accordance with the laws of province of Ontario, Canada and federal laws of Canada.

You agree not to hold us responsible for things other users post or do or any content associated. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal, Third Party Payment Processor, you are bound by that Third-Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services. Certain content, products and services available via our service may include materials from third-parties.

Third party links on this site may direct you to third party websites that are not associated with us. We are not responsible for inspecting or assessing the content or accuracy and we do not assure and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties and you will not hold us responsible for any transaction or business performed with third party.

You agree to indemnify, defend and hold harmless chillsell.ca and our owner, operator, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of use and service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party relate to your use of chillsell.ca and be liable and responsible for any claims we may have against your owner, officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

Any claim, cause of action, demand, or dispute arising from or related to chillsell.ca will be governed by the laws of Ontario, Canada, without regard to conflict of law provisions, except to the extent governed by Federal law of Canada. Any claims will be exclusively resolved by courts in Toronto, Ontario, except we may seek preliminary or injunctive relief anywhere. You agree to submit to the personal jurisdiction of courts in Toronto, Ontario. You consent to sending you legal notices to the email address you provide to us. Legal notices by email will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. You agree to send us legal notices through email. If you agree to the Terms of use and service and are of sufficient age / age of majority in respective province/territory in Canada and capacity to use chillsell.ca and be bound by the Terms of use and service, or use chillsell.ca on behalf of a business, thereby binding that business to the Terms of use and service, we grant you a limited, revocable, non-exclusive, non-assignable license to use Chillsell.ca in compliance with the Terms of use and service, unlicensed use is unauthorized. You agree not to display, frame, make derivative works, must not copy source code, distribute, license, or sell, content from Chillsell.ca, excluding postings and listings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

Using chillsell.ca is generally free. Services like Top ad, featured ad, Urgent or highlight and business ads are charged in Canadian dollars. If you use a charged service the fees and taxes will be displayed. Fees might change periodically without any prior notice and it will be displayed on chillsell.ca. Fees are nonrefundable and fees is due while purchasing the service, you authorize us to charge your account. Any tax is additional as per the province/territory and federal laws of Canada. Fees are non-refundable even for posts we remove, omit, delay, regroup, recategorize, re rank, reassign or otherwise moderate. We may refuse any posting at any time even after paying appropriate fees for any service if the listing does not comply with the terms of use and service and policies and/or any listing or content which violates user’s intellectual property rights or copyright has been infringed and/or reported by any other user or community member/organization. Under appropriate circumstances, chillsell.ca may suspend (for a specific time or permanently) or terminate the accounts of repeat infringers. kindly use the flagging/reporting system to tell us about any problems (technical or otherwise) or offensive content so that together we can keep the chillsell.ca services site working properly. We may restrict or cancel our services, remove content and take technical and legal steps to restrict users from chillsell.ca, if we think that they are not in line with our terms of use and service and our policies. we do not accept any liability for monitoring chillsell.ca or for unauthorized or unlawful content on chillsell.ca or use of chillsell.ca by users. Canadian taxes are collected when applicable and you are responsible to provide accurate address information for chillsell.ca to comply with its obligation under Canadian federal and provincial/territorial tax laws as applicable. If such information is not provided chillsell.ca will determine and collect appropriate taxes from the users/business users of chillsell.ca. You (all users of chillsell.ca, private or business) are solely responsible to collect and remit any applicable taxes coming from the sale of your items or services using chillsell.ca.  

At all times we do not accept liability of any description for the posting of any unlawful, threatening, offensive, slanderous, improper or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions or communication constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. Chillsell.ca is an open medium where users can advertise whatever they wish provided that, this is within reason and in compliance with any legal limitations. You are solely responsible for all information that you submit to chillsell.ca and any consequences that may result from your advertisement. We reserve the right to refuse or delete advertisements that we believe are inappropriate. If you advertise on chillsell.ca providing prohibited goods/services/pets or false contact details or impersonating another party we reserve the right to pass your details and IP address on to any law enforcement agency. All postings/listings/advertisements on chillsell.ca must be in compliance with all federal and provincial/territorial and municipal laws and it is the user’s responsibility to make sure that their postings/listings/advertisements are in compliance with the municipal, provincial/territorial and federal laws in Canada. Minimum age for using chillsell.ca is age of majority in respective province/territory in Canada, anyone below age of majority in respective province/territory in Canada must be supervised by parents or guardian at all times including all transactions.

You are solely responsible for all information that you submit to chillsell.ca and any consequences that may result from your advertisement. It is your responsibility to make sure that your advertisements are in compliance with municipal, provincial/territorial and federal Canadian laws. We reserve the right to refuse or delete or edit advertisements that we believe are inappropriate. You must post advertisement / listing in the appropriate category or section. Each user is allowed one account associated with user’s email address and it is your responsibility to keep your password confidential safe and secure, Advertisement must not violate and breach any Canadian municipal provincial or federal laws, any incorrect or misleading advertisement, advertisement must not infringe any third party rights, you must not copy, modify or distribute any other person's content, you must not distribute viruses, you must not use any robot, spider, scraper, scripts or crawlers or other automated means to access chilsell.ca and collect content for any purpose, not copy source code, you must not collect information about others, including email addresses, without their consent, you must not use any diversion measures to prevent or restrict access to chillsell.ca, no contact details in description use the appropriate fields, clear and accurate photos and no other details on photos for example posting a picture of item that is not yours, post the item in the right category with accurate information it will help you sell your item easily, one advertisement per item and one item per advertisement (for private users) and no duplications, clear and concise description of item, only sell your own item and if you have it, no spam, no link to other websites, if item is sold remove and delete the advertisement. If you have a dispute with other user(s) or any third party through chillsell.ca you will not hold us responsible and release chillsell.ca for any transaction or business performed with other user(s) and will not hold responsible chillsell.ca, our owner, directors, employees, affiliates, agents, contractors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, reputation, or any special, indirect, or consequential damages of any kind arising from your use of any of the service or any products procured using the service. In entering into this release, you expressly waive any protections (whether statutory or otherwise).

Users may be asked to leave a review while dealing for selling and buying items, reviews consist of 1-5 scale star rating, higher the stars you get reflects the more customer satisfaction. Your reviews must be honest and truthful, do not harass and mistreat other users and everyone must respect each other. Reviews must not be inaccurate or exploit other users rather a clear picture of your experience. Chillsell.ca reserves the right to remove reviews which violate our terms of use and service and policies.

Following are the examples of goods and contents which are prohibited to post on chillsell.ca in addition to prohibited goods as per municipal, provincial/territorial and federal Canadian laws. It is your responsibility to make sure that your advertisements are in compliance with municipal, provincial/territorial and federal Canadian laws (Check Canada consumer product safety act and Animal pedigree act, and all other municipal, provincial/territorial and federal laws). Following are the examples of contents, goods, services and advertisements which cannot be posted on chillsell.ca. Adult content (pornography, adult entertainment, enhancing drugs, erotic products, prostitution or similar services); Alcohol; Animal parts; Baby/Child articles (Car seat and booster seats manufactured before 1^st January 2012, nests, walkers, drop side cribs, inclined sleepers); Body parts and organs; Cigarettes, electronic cigarettes, liquid for smoking and related products; competing websites; Cannabis and all related products; Inflammable items; forged items; dangerous  goods and substances; illegal drugs; prescription drugs; food supplement; fire arms and ammunition; steel arms and knives(kitchen utensils are permitted); stolen items; illegal items and services; illegal wildlife products; items that are not your own; restricted goods; event tickets; gambling and lottery tickets; hazardous materials; historical artifacts or protected heritage goods; propaganda; personal information or mailing lists; government issued items; disrespectful and indecent materials; products not authorized by health Canada; Terroristic propaganda; any racist and biased contents; protected wild life insects and plants; currency, gift cards, vouchers, coupons, tickets, gift certificates; Fortune-telling, magical services, supplies and goods; Stocks and securities; Tobacco nicotine and other related products; used health and beauty products; Massage service advertisements who is not a registered massage therapist; adoption and donor services; weapons of any kind; Items not authorized for radio communication; restricted food products; recalled items of any type; any items used for theft and break-ins; any computer virus; any defective item; any services without complete information like business name, telephone, address and website (if available); any item not located in Canada; any services and item(s) for sale that is not legal to own, buy or sell in your area of residence in Canada.