Welcome to Cheapon. By using Cheapon (including Cheapon.ca and its related sites, services, applications and tools), you agree to the following terms and the general principles for the sites of our subsidiaries and international affiliates. If you reside in Canada you are contracting with Cheapon Inc Canada. If you reside outside of Canada, you are contracting with Cheapon Inc Canada. In the United States, your contract is with Cheapon Inc Canada.
This Agreement is effective upon acceptance for new users. For current users, this Agreement is effective August 1, 2013 and supersedes all previous User Agreements. You accept this User Agreement by checking the appropriate box confirming that you read and accept the User Agreement and clicking the Continue button when registering a Cheapon account; accessing or using Cheapon's sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool. Please see the General Section of this User Agreement regarding how we may implement amendments to this Agreement from time to time.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Limitation of Liability section below).
User name and Password
Your Cheapon account may be accessed only by use of your user ID and password. You are solely responsible and liable for any use and misuse of your user ID and password and for all activities that occur under your user ID and password. For security reasons, you must keep your user ID and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Cheapon. Cheapon recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
Accuracy of Information
We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You are required to update your registration information and payment information immediately, if applicable, and will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You acknowledge that you will keep your name and address current and accurate in the My Cheapon section of the applicable Cheapon site.
While using Cheapon sites, services, applications and tools, you will not:
• Post content or items in inappropriate categories or areas on our sites and services;
• Violate any laws, third party rights or our stated policies;
• Use our sites, services, applications or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
• Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot reach the seller to complete your transaction;
• Fail to deliver items purchased from you, unless the buyer fails to meet your posted terms, or you cannot reach the buyer to complete your transaction;
• Manipulate the price of any item or interfere with other users' listings;
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Cheapon;
• Post infringing, unlawful, false, inaccurate, misleading, defamatory, obscene, or libelous content;
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Cheapon);
• Circumvent any Cheapon policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
• Transfer by any manner any Cheapon application or your Cheapon account (including Feedback) and user ID to another party without our consent;
• Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Cheapon, or the interests or property of Cheapon users;
• Export or re-export any Cheapon applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• Copy, modify, or distribute rights or content from the Cheapon sites, services, applications, or tools or Cheapon's copyrights and trademarks;
• Commercialize any Cheapon application or any information or software associated with such application; or harvest or otherwise collect information about users, including email addresses, without their consent.
Cheapon and its community of users (the "Community") work together to keep our sites, services, applications and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Cheapon's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off-Cheapon transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue the Cheapon sites, services, applications, or tools.
To protect against the risk of liability, Cheapon has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance or the riskiness of the listing category. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Many of our sites, services, applications and tools may be accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.
Some Cheapon members may reside outside of Canada and some may not speak English or French as a primary language. To assist users who speak different languages, we may translate listings and other Cheapon content (or user content licensed to Cheapon), in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings by, depending on the site, service, applications or tool involved, using the functionality built into such site, service, applications, or tool. We also may provide you with access to tools so that you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from a Cheapon user. If you request an on-demand translation from such a tool, the accuracy or availability of the resulting translation is not guaranteed.
In some cases, you may be able to sell your items internationally by listing items for sale directly on one or more of Cheapon’s international sites. Using various tools, services, and experiences, we may display your listing on a Cheapon site other than the Cheapon site where you listed your item for sale, including those situations where you choose to list items with an international shipping option (such as worldwide shipping). However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. If your item is sold to a buyer on a Cheapon site other than your Cheapon site of registration, you agree to be subject to that other site's policies and the terms and conditions in Cheapon's International Selling Agreement. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
Fees and Services
Joining Cheapon and bidding on listed items are free and subject to this User Agreement and the Purchase Conditions set out below. We do charge fees for using other services, such as listing items. The fees we charge for using our services and related terms are listed on our Fees schedule, which we may change from time to time. Our Payments policy describes the methods of payment. Changes to that schedule are effective for new listings or re-listings in accordance with the terms set out in the General section below. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications and tools until full payment is made. Cheapon, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Cheapon reported to a credit bureau (i.e.,Equifax or TransUnion) please contact us at Cheapon Inc. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Cheapon account, you must contact the collection agency directly.
Authorization to Call or Text You; Recording Calls
• To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future; we will do so only at the telephone numbers that you have provided to us. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Cheapon.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or pre-recorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
You understand and agree that Cheapon may, in its discretion, monitor or record telephone conversations you have with Cheapon or its agents for quality control and training purposes, for its own protection or as may be required by law. You acknowledge and understand that, while your communications with Cheapon may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by Cheapon.
When providing us with content or posting content on the Cheapon’s sites, services, applications and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and you waive any and all moral right to use the name you submit with such content, if any in connection with Cheapon's rights set out below.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including Cheapon users). You may use catalogue content solely in connection with your Cheapon listings during the time your listings are on Cheapon's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Cheapon policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringemen
We respond to notices of alleged intellectual property infringement as required by Canadian laws. Learn how to submit a notice to Cheapon.
Disclaimer of Warranties; Limitation of Liability
We try to keep Cheapon and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in Cheapon's applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Cheapon responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• Your use of or your inability to use our sites, services, applications and tools;
• Delays or disruptions in our sites, services, applications or tools;
• Viruses or other malicious software obtained by accessing our sites, services, applications or tools or any site, services, applications or tools linked to our sites, services, applications or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;
• Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications and tools;
• The content, actions, or inactions of third parties, including items listed using our sites, services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account;
• The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
• Cheapon's decision to end or remove your listing(s);
• Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Cheapon reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein;
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Cheapon Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing or shipping guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will result from following guidance we provide (e.g. that you’re listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $200.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Access and Interference
Cheapon’s sites contain robot exclusion headers. Much of the information and content on the sites is also proprietary or is licensed to Cheapon by our users or third parties and protected by Canadian and international copyright laws. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express written permission.
Additionally, you agree that you will not:
• Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any content (except for your content) from our sites, services, applications or tools without the prior express written permission of Cheapon and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of our sites, services, applications or tools, or any activities conducted on or with our sites, services, applications or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
By listing an item on Cheapon’s sites, you agree to pay Cheapon's fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: when you list an item on Cheapon’s sites, your listing will be posted on Cheapon’s sites and can be viewed in My Cheapon. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Cheapon can't guarantee exact listing durations. Cheapon's duplicate listing policy may also affect whether your listing appears in search results. Cheapon reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse, results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in Cheapon's Help Pages.
You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on Cheapon, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer. Applicable laws relating to the transfer of ownership in the sale of goods in your jurisdiction apply to the transfer of ownership between the buyer and the seller, unless the buyer and seller agree otherwise.
You will indemnify and hold Cheapon (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, your use of Cheapon sites, services, applications, or tools, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Cheapon's national registered agent. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your user account. Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My Cheapon. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Cheapon, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Cheapon agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
• Law and Forum for Disputes - This Agreement and any dispute or claim you have against Cheapon shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Cheapon must be resolved by a court located in Montreal, Quebec, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of Quebec for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $15,000.00 CND, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against Cheapon must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Cheapon may recover attorneys' fees and costs up to $3000.00 CND, provided that Cheapon has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree to abide by all policies posted on our sites which provide additional terms and conditions related to specific services offered on our sites, including, but not limited to the policies listed below:
• Outage Policy - http://pages.Cheapon.ca/help/policies/everyone-outage.html
• Prohibited, Questionable & Infringing Item Policy -http://pages.Cheapon.ca/help/policies/items-ov.html
• Discussion Boards Usage Policy -http://pages.Cheapon.ca/help/policies/everyone-boards.html
• Rules for Listings - http://pages.Cheapon.ca/help/policies/listing-ov.html
• How to Report Inappropriate Buying and Selling -http://pages.Cheapon.ca/help/buy/report-trading.html
• Real Estate Policy - http://pages.Cheapon.ca/help/policies/real-estate.html
• Community Content Policy (covers Reviews, Guides, Blog Entries, Wiki Articles and Member-Created Product Descriptions) -http://pages.Cheapon.ca/help/policies/member-created-content-ov.html
• Cheapon Groups Guidelines - http://pages.Cheapon.ca/help/policies/group-guidelines.html
• Rules about Intellectual Property -http://pages.Cheapon.ca/help/policies/intellectual-property-ov.html
• Fees for Selling on Cheapon - http://pages.Cheapon.ca/help/sell/fees.html
• Mobile Device: Additional End User License Terms –http://pages.Cheapon.ca/help/policies/mobiledevice-terms.html
These Policies may be changed from time to time. Changes may be made to these policies in accordance with the terms set out in the General section below. When using particular Cheapon services, applications or tools, you are subject to any posted policies or rules applicable to services, applications or tools you use, which may be posted from time to time.
You may contact Cheapon via email by following the instructions listed on our customer support page. Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Cheapon.ca. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement, including terms related to fees and charges. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Cheapon Message Centre and/or by email. If you do not agree to the amendments, you should stop using Cheapon and the www.Cheapon.ca and www.cafr.Cheapon.ca sites, as applicable, and terminate this User Agreement by closing your Cheapon account. Instructions to close your Cheapon account are listed on our closing your account help page. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, “writing" does not include an email message and a signature does not include an electronic signature.
Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels celle-ci réfère soient rédigés et signés en langue anglaise.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Limitation of Liability, Indemnity and Resolution of Disputes.