This Agreement applies to both the online auctions and the fixed price sales listings available on the Website. Please review our FAQs for an explanation of our auction and fixed price sales listing processes and to review answers to common questions about the Website.
1. The Globe and Mail Auction: The Website is a venue that offers goods and services (i.e. items) for sale from third party vendors (“Vendors”) by either online auction or fixed price formats and for users to purchase these items (“Buyers”). The Globe and Mail is responsible only for the administration of the Website. The Globe and Mail has no involvement in any transaction entered into through the Website between a user and a Vendor. The Globe and Mail is not the Vendor of the item(s) and assumes no responsibility for the item(s) in any respect. You understand that The Globe and Mail is not the auctioneer of the item(s) and is not buying or reselling the item(s) submitted for the Website. The applicable Vendor is the seller of the item(s) to the User, in the same manner as if the item(s) was sold in the normal, ordinary course of the Vendor's business.
2. Disclaimer of Warranties. ANY PRICING, DESCRIPTIONS, AVAILABILITY INFORMATION, DEPICTIONS, REPRESENTATIONS OR WARRANTIES (IF ANY) IN RESPECT OF THE ITEM(S) OFFERED THROUGH THE AUCTION OR FIXED PRICE SALES LISTING OR IN ANY OTHER FORM ARE PROVIDED AND MADE BY THE VENDOR. THE GLOBE AND MAIL EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS AND WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE ITEM(S) OFFERED THROUGH THE WEBSITE, OR WITH RESPECT TO ANY TRANSACTIONS CONDUCTED THROUGH THE WEBSITE, OR THE OPERATION OF THE WEBSITE ITSELF, INCLUDING WITHOUT LIMITATION (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, (II) ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND (III) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT OR BREACH OF CONTRACT INCLUDING NEGLIGENCE. SINCE THE WEBSITE IS A PLATFORM TO CONNECT USERS WITH VENDORS, THE GLOBE AND MAIL DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY DISPUTES BETWEEN VENDORS AND USERS OR BUYERS. THE GLOBE AND MAIL ALSO CANNOT GUARANTEE THAT A VENDOR OR BUYER WILL CONSUMMATE ANY SALE AND VENDORS AND BUYERS BOTH AGREE THAT THIS IS A RISK THAT THEY ASSUME. YOU EXPRESSLY AGREE TO RELEASE THE GLOBE AND MAIL AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED YOUR USE OF THE WEBSITE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS. THE GLOBE AND MAIL MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE GLOBE AND MAIL MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE GLOBE AND MAIL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
3. User Account, Password and Security: Upon registration, you will create a user ID and a password. You must provide correct, current and complete information during the registration process. You must be 18 years of age or older to register. Please do not use this Website if you are under the age of 18. Each User is entirely responsible for maintaining the confidentiality of his or her user ID and password. Furthermore, Users are entirely responsible for any and all activities which occur under his or her user ID and password. A User must immediately notify The Globe and Mail (by contacting firstname.lastname@example.org) of any unauthorized use of his or her user ID and password.
5. Bidding and Buying: You may not bid on item(s) submitted by a Vendor of which you are a director, officer, employee, agent or servant of the Vendor, its affiliates (including parent, sister and subsidiary companies), or a member of the immediate family (spouse, parents, siblings and children, regardless of where they reside) or household member of any such person.
If you are the highest bidder in one of the online auctions or a Buyer of one of the items available in our fixed price listings, you are obligated to complete the transaction and pay the amount of your highest bid to The Globe and Mail. You must pay all applicable taxes, shipping fees and any other fees associated with the delivery of the item directly to the applicable Vendor.
You understand that bidding on an item is an irrevocable offer to buy the item at the price bid and your confirmed bid can only be retracted if you have submitted your formal bid retraction request to our customer service at least 24 hours before auction close and only under one or more of the following circumstances:
Please see our FAQs for an explanation of how to retract a confirmed bid.
You cannot retract a bid if:
A valid VISA or MasterCard credit card is required to purchase any item offered for sale on the Website. Your credit card will be billed if you are the highest bidder at auction close. For high value items, The Globe and Mail may bill your credit card for a deposit amount and require you to pay the remaining balance by another means of payment or directly to the applicable Vendor.
If a credit card is declined for any reason, The Globe and Mail will attempt to contact the Buyer via phone and/or e-mail. As a courtesy, The Globe and Mail may hold the auction item that has been purchased with a declined credit card for a Buyer up to one (1) week in The Globe and Mail’s sole discretion. However, The Globe and Mail reserves the right, in its sole direction, to immediately terminate the purchase of an auction item with a declined credit card and select the next highest bidder.
The Website keeps track of all unsuccessful bids. If a problem occurs with a winning bid in an open auction, The Globe and Mail may reinstate your currently unsuccessful bid to winning status at your last bid price. Bids will be reinstated based on the next highest unsuccessful bid in sequence.
6. Bid Extend: The auto bid extend feature on this Website works to ensure that you will always have a chance to challenge bids placed when an auction is about to close. When indicated on a listing page, if a bid is placed during the last 5 minutes of an auction, the auction will be automatically extended for an additional 5 minutes from the time of the latest bid. The auction will close once all bidding activity has stopped for a period of 5 minutes.
7. Accuracy of Vendors' Descriptions and Photographs: The Vendor is responsible for providing The Globe and Mail with descriptions, photographs and any other information in connection with the item(s) to be listed on the Website. The Globe and Mail is not responsible for, and expressly denies liability of, any depiction, warranty or description stated therein. Statements and photographs from Vendors are not be construed as co-joined by The Globe and Mail in any implicit or explicit approval, sponsorship, endorsement or guarantee. The Vendors expressly assume all risk and liability arising from the offer of an item(s) for sale, the actual sale of the item(s) and the delivery of the item(s). The Globe and Mail has no responsibility for the purchase fulfilment of the any item(s) on the Website.
8. Refund Policy: There are no returns or exchanges on items, products or services purchased on the Website.
9. User Conduct: A User's right to use the Website is personal to the User. You warrant that your use of the Website is and will be in accordance with all applicable laws and regulations. You agree: (1) not to use the Website for illegal purposes; (2) not to interfere or disrupt networks connected to the Website; (3) to abide by all rules, guidelines, terms and conditions as listed in these User Terms and Conditions and on the Website; and (4) not to transmit through the Website any unlawful, harassing, libelous, threatening, harmful, vulgar, obscene or otherwise objectionable material or communication of any kind or nature whatsoever.
10. Auction and Fixed Price Changes: The Globe and Mail reserves the right to terminate at any time and without notice any auction(s) or fixed price sales. The Globe and Mail also reserves the right to change posted quantities, remove from sale or re-offer items that were previously withdrawn from any auction(s), fixed price sales or the Website. The Globe and Mail also reserves the right to close an auction(s) early or to extend an auction(s) at any time and in The Globe and Mail’s sole discretion. Posted closing times and displays of The Globe and Mail’s current time on the Website are approximate and based on the time in Toronto, Ontario.
11. Termination or Suspension of Use: The Globe and Mail reserves the right to issue warnings, temporary or indefinite suspensions, or terminate use of the Website to any User who violates any of the provisions set out in any rules, guidelines or terms and conditions on the Website or this Agreement or for any other reason at The Globe and Mail’s sole discretion. If a User objects to any of these User Terms and Conditions, or any subsequent modifications thereto, or is dissatisfied with the Website in any way, such User's only recourse is to immediately discontinue use of the Website and to terminate his or her account. The following are examples of unacceptable User conduct which may result in termination or suspension of use of the Website in The Globe and Mail’s sole discretion:
Any User who attempts to "cheat" the Website’s auction bidding system by altering or tampering with the course of normal bidding, or by editing bids for the purpose of altering bids or prices in a manner in which it was not intended, may have their bids cancelled and their account immediately suspended at the sole discretion of The Globe and Mail. Any User attempting to commit fraudulent activities on the Website, such as intentionally placing false bids or attempting to participate using a false name, may be subject to criminal charges.
12. Termination of Auctions: The Globe and Mail reserves the right to suspend or terminate any auction(s) or fixed price sale(s) at any time, with or without notice and for any reason whatsoever determined by The Globe and Mail, in its sole discretion, including, but not limited to: (1) if The Globe and Mail deems an auction or fixed price sale: (a) to be overtly inflammatory, controversial, or offensive to Users or The Globe and Mail’s brand or reputation; or (b) violates any of the rules, guidelines, terms and conditions of this Website; or (2) if the Website experiences any unforeseen technical difficulties that alter its proper functioning; or (3) in the event any other problem or difficulty arises that cannot be resolved to the satisfaction of The Globe and Mail.
13. Modifications to the Website: The Globe and Mail reserves the right to modify or discontinue the Website with or without notice to Users. The Globe and Mail shall not be liable to any User, Vendor or Buyer, in tort or in contract, should The Globe and Mail exercise its right to modify or discontinue the Website.
14. Limitation of Liability: NEITHER THE GLOBE AND MAIL NOR MEDIA MONETIZED INC., THE COMPANY WHICH DESIGNED THE WEBSITE BASED ON MEDIA MONETIZED INC.'S PROPRIETARY SOFTWARE AND TECHNOLOGY, SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF The Globe and Mail OR MEDIA MONETIZED INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Release and Indemnification: You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against The Globe and Mail, Media Monetized Inc., their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, relate to or are incidental to your use of the Website or any transaction on the Website. You agree to indemnify and hold The Globe and Mail, Media Monetized Inc., their affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these User Terms and Conditions, the Agreement or your violation of any law or the rights of a third party.
16. General: The Globe and Mail’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. Time is of the essence. These User Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision of these User Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.