Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE TRADYO APPLICATION (THE “APP”), OWNED AND OPERATED BY METROLAND MEDIA GROUP LTD (“METROLAND”).
We reserve the right to change these Terms from time to time by updating this posting. We also reserve the right to change the App by adding or removing features or charging for its use. If we begin to charge for any use of the App, you will not be charged until we obtain your agreement to pay any fees.
Restrictions on Use of Materials
The App and its contents are the property of Metroland or its licensors, and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws.
Metroland grants you an individual license to use the App and its contents solely via the App made available to you. This license is for personal, non-commercial and educational purposes only. You cannot use the App in connection with any commercial enterprise, unless you obtain Metroland’s consent in advance. Other than the content you provide yourself (via the App in the ordinary course), you are not permitted to alter the App or any content. You may use the content for the purpose of posting and responding to classified advertisements for the sale of personally owned items within the App and for the purpose of communicating with respect to transactions with other users of the App, all in accordance with these Terms and with applicable law. No other use is permitted and all other rights not expressly granted in these Terms are reserved. Most of the content available in the App is provided by users and others, and has not been verified by Metroland, so Metroland does not give any warranties about this content or any transactions that may be facilitated via use of the App. Nothing contained herein shall be construed as conferring any right under any copyright of Metroland or any other person who owns the copyright in the content provided on the App.
All trademarks and trade names are trademarks or registered trademarks of Metroland Media Group Ltd. or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on the App does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
Jurisdiction and Governing Law
The App is controlled and operated by Metroland. Its offices are located in Ontario, Canada. If you choose to access this App from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms are governed by Ontario law, without giving effect to any principles of conflicts of law. You agree that any formal legal dispute arising out of or in connection with these Terms or the App shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
In order to be able to use this App, post classified advertisements within it or communicate with other users of the App, you will be required to register. Should you choose to register, you agree to provide accurate and current information, and to keep it accurate and complete. You acknowledge and agree that we may use your registration information to communicate with you, including via email, in relation to your account and use of the App.
You may also register using certain social media login credentials, such as Facebook Connect. Should you choose to do so, you agree that we may collect, use and disclose your information from the social media account in accordance with these Terms. Our access to your personal information will vary according to the particular social media credentials used. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between Metroland and your social media account.
Keep your password secret. You are responsible for all use of your account. You agree to notify Metroland of any unauthorized use of your password or account.
Metroland reserves the right to cancel and terminate your account at any time, in its discretion, if you provide false information, engage in any activities using the App that are fraudulent, abusive, illegal or that violate our community guidelines, or if we believe you have violated these Terms. This cancellation or termination may be with immediate effect and without notice. If we detect that the App is being used for illegal activities, we reserve the right to report it to the relevant law enforcement agencies and you agree that we can provide them with your account information.
User Control and Uninstall
You can access and change certain user settings using the functionality of your mobile device. Uninstallation methods will vary depending on your device. For further information on user settings or uninstallation, please consult your device manual for reference or contact us at firstname.lastname@example.org.
Representations and Warranties
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Metroland is accurate and complete; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
In cases where you have authorized a minor to use the App, you recognize that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor's access to and use of the App; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the content other users post on the App or within websites linked from the App may contain material that is inappropriate for minors.
User Submitted Ad Listings
In addition to appearing in the App, your ads (including without limitation content and any associated images) may, in accordance with the license provisions below, appear in other media (including other online or print publications) owned and operated by Metroland or by third parties. You agree that Metroland may remove any Postings at its convenience without prior notice or liability.
User Conduct, Indemnification and License Granted
Classified advertisements, in-app communications, messages, text, data, graphics, images, videos, opinions, suggestions and any other postings created by users on any part of the App ("Postings") are the responsibility of the user creating the Postings. METROLAND HAS NO RESPONSIBILITY FOR POSTINGS AND DOES NOT GUARANTEE OR PROVIDE ANY WARRANTY WITH RESPECT TO THE ACCURACY, INTEGRITY OR QUALITY OF THE POSTINGS OR WITH RESPECT TO THE QUALITY, SAFETY OR LEGALITY OF ANY ITEM OR SERVICE THAT IS OFFERED THROUGH THE APP. However, Metroland retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse or delete any Postings for any reason whatsoever. Metroland will not be liable to you or any third-party for any modification or discontinuance of your Postings.
You acknowledge and agree that Metroland may preserve Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms or to protect itself, its users and/or the public.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Without limiting the generality of the foregoing, you agree not to post, transmit, link to, upload or otherwise submit or distribute any Postings that:
You do not have permission to add other App users to any mailing or e-mail list for commercial purposes, even if a user has purchased something from you, unless the user has provided you with consent in accordance with all applicable laws. You may not use the in-app communication functionality to send spam or content in violation of these Terms.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF METROLAND MEDIA GROUP LTD., ITS PARENT, AFFILIATES, AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR RELATED TO ANY BREACH OF THESE TERMS, YOUR ACCESS TO OR USE OF THE APP, YOUR BREACH OF ANY APPLICABLE LAW (INCLUDING WITHOUT LIMITATION ANY PRIVACY OR ANTI-SPAM LEGISLATION) OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM THE APP. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.
By contributing Postings to the App, you give (or warrant that the owner of such rights has expressly given) to Metroland Media Group Ltd. and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to host, cache, store, copy, use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, sell, re-sell, perform, display and publicize such Postings anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. You also grant Metroland the right to sub-license and authorize others to exercise any of the rights granted to Metroland under these Terms, and each such third party will be entitled to benefit from the rights and licenses granted to Metroland under these Terms. You further authorize Metroland to publish your Postings in a searchable format that may be accessed by users of the App. In addition, you acknowledge and agree that you hereby waive any moral rights in your Postings. You further agree that Metroland is free to use any ideas, concepts, know-how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.
Links to Third Party Sites
The App may contain hyperlinks to sites that are not a part of the App. The inclusion of any link does not imply endorsement by Metroland of the site. If you decide to visit any linked site, you do so at your own risk. METROLAND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE APP WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.
Third Party Advertisements
Third party advertisers ("Advertisers") and other users of the App (“Users”) may offer goods, services and other materials to you on the App. Descriptions of, or references to, products or publications within the App do not imply endorsement of that product or publication. Your correspondence and business dealings with Advertisers, Users or other third parties including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are, subject to the collection, use and disclosure of your in-app communications in accordance with the Terms, solely between you and the Advertiser, User or other third party. You agree that Metroland will not be responsible or liable for any loss, damage or harm of any sort incurred as the result of or related to any such dealings or the offering of such goods, services and other materials on the App. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, METROLAND IS PROVIDING THE APP ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE APP, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. METROLAND DOES NOT WARRANT THAT THE FUNCTION OF THE APP OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL METROLAND BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF METROLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL METROLAND’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR USING THIS APP. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET AND IN-APP COMMUNICATIONS MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING METROLAND OR USING THE IN-APP COMMUNICATIONS FUNCTION OF THIS APP.
You expressly acknowledge that Metroland has relied on the disclaimers, limitations and exclusions of liability set out in these Terms in making the App available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and Metroland.
If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Metroland. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
The failure of Metroland to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Metroland shall not be deemed a breach of these Terms.
These Terms, including all terms, policies, and guidelines referenced in these Terms, are the entire agreement between you and Metroland concerning the App. These Terms supersede all prior agreements or communications between you and Metroland regarding the subject matter of these Terms.
The parties have required that these Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu'elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.
Last updated: November 5, 2015