PalletWatch.ca — Terms of Use

DRAFT — NOT LEGAL ADVICE. Must be reviewed by a British Columbia lawyer before publication. Items marked [LAWYER] need specific attention.

Last updated: [DATE]

These Terms of Use ("Terms") govern your use of PalletWatch.ca, its newsletter, and related services (together, the "Service"), operated by [OPERATING ENTITY — LAWYER: confirm entity/trade name that preserves owner anonymity while meeting disclosure obligations] ("PalletWatch", "we", "us"). By using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. What PalletWatch is (and is not)

1.1 PalletWatch is an information and listing service. We publish summaries of, and links to, liquidation lots, pallets, auctions, and sales offered by third-party sellers ("Sellers"). 1.2 We do not sell, buy, own, hold, inspect, test, ship, or take possession of any lot or item. We are not a party to any transaction between you and a Seller, and we are not an auctioneer, broker, or agent of any Seller or buyer. 1.3 We do not guarantee the existence, availability, quality, condition, quantity, authenticity, legality, safety, retail value, manifest accuracy, or price of any lot, or that any Seller is legitimate or will complete a transaction.

2. Buyers must verify independently

2.1 Listings may be incomplete, out of date, or wrong. Prices, closing times, fees (including buyer's premiums and taxes), shipping and pickup terms can change without notice. 2.2 Before buying, you are solely responsible for verifying every detail directly with the Seller, reading the Seller's own terms, inspecting the lot where possible, and deciding whether a purchase suits you. 2.3 Any "price per unit", "retail value", ratio, estimate, or similar figure we show is an automated or approximate calculation from Seller-provided information and is not a statement of value or expected profit. Nothing on the Service is financial, business, tax, or legal advice. 2.4 Your purchase is governed only by your agreement with the Seller. Raise disputes, refunds, and complaints with the Seller (and your payment provider) — not with us.

3. Sellers and featured listings

3.1 Sellers who submit, sponsor, or pay to feature listings ("Featured Listings") represent and warrant that: (a) they have the right to sell the goods; (b) all descriptions, photos, manifests, prices, conditions, and terms they provide are accurate, complete, and not misleading; (c) the goods and the sale comply with all applicable laws, including consumer protection, product safety and recall rules, and tax laws; and (d) they own or are licensed to provide all content they submit and grant us a non-exclusive, royalty-free licence to display, reproduce, and adapt it on the Service and in our newsletter. 3.2 Sellers are solely responsible for the accuracy of their listings and for fulfilling their sales. 3.3 Featured Listings and sponsored content are paid placements and will be labelled as such. Payment does not mean we endorse or verify a Seller. 3.4 We may refuse, edit, or remove any listing or Seller at any time, for any reason, without liability. Fees for Featured Listings are governed by a separate order or agreement. [LAWYER: refund/cancellation terms for paid placements]

4. Seller indemnity

Each Seller agrees to defend, indemnify, and hold harmless PalletWatch and its owners, operators, contractors, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) the Seller's listings, goods, or sales; (b) any inaccuracy in Seller-provided information; (c) the Seller's breach of these Terms or any law; or (d) any infringement of third-party rights by Seller content.

5. Links, third-party sites, and affiliates

5.1 The Service links to third-party websites we do not control. Your use of them is at your own risk and subject to their terms. 5.2 Some links are affiliate or referral links; we may earn a commission if you register, bid, or buy. This does not change your price and does not mean we endorse the Seller or lot.

6. Acceptable use

You must not: scrape, copy in bulk, or republish the Service's content or data without written permission; interfere with or overload the Service; post false, defamatory, or unlawful content; impersonate others; or use the Service for spam or fraud.

7. User submissions

If you submit tips, comments, or reports, you grant us a non-exclusive, royalty-free, perpetual licence to use them. You are responsible for what you submit and must not submit anything false or defamatory. We may remove submissions at our discretion. [LAWYER: defamation exposure for any seller reviews/reports]

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Limitation of liability

9.1 To the maximum extent permitted by law, PalletWatch and its owners, operators, contractors, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, inventory, data, or goodwill, arising from or related to the Service, any listing, any Seller, or any transaction — even if advised of the possibility. 9.2 Our total liability for any claim relating to the Service is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) CAD $[AMOUNT — LAWYER]. 9.3 Some laws do not allow certain exclusions; in that case these limits apply to the fullest extent permitted. Nothing in these Terms limits rights that cannot be waived under the BC Business Practices and Consumer Protection Act or other applicable law. [LAWYER: confirm enforceability]

10. Indemnity by users

You agree to indemnify and hold harmless PalletWatch from claims arising from your breach of these Terms or misuse of the Service.

11. Newsletter and privacy

Newsletter subscriptions are opt-in and you can unsubscribe at any time using the link in each email. Our handling of personal information is described in our Privacy Policy [LINK]. [LAWYER: CASL sender-identification and mailing-address requirements vs. owner anonymity; PIPA (BC) compliance]

12. Changes and termination

We may change these Terms or the Service at any time. Changes take effect when posted; continued use means acceptance. We may suspend or end access for anyone at our discretion.

13. Governing law and venue

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there. You agree to the exclusive jurisdiction of the courts of British Columbia, sitting in [Vancouver], subject to any non-waivable consumer rights.

14. General

If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms (plus any Featured Listing agreement) are the entire agreement between you and us about the Service.

15. Contact

[anonymous contact email, e.g. [email protected]] · [mailing address / PO box — LAWYER]