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Ziggmi is designed to create an open and enjoyable experience, but it also has limits and risks that you should understand before participating.
Please help us to keep Ziggmi an enjoyable and positive experience.
If you see a listing that violates the rules below, please let us know by contacting us through the Ziggmi contact form or by using 'Report this Auction' link on the listing page. |
You agree that Ziggmi, in its sole discretion, may terminate any auction or use of the service immediately and without notice if (a) Ziggmi believes that you have acted inconsistently with the spirit or the letter of this Terms of Service or (b) if Ziggmi believes you have violated or tried to violate the rights of other users.
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You are solely responsible for the contents of your transmissions through the service. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. In particular, you may not sell or buy property which requires a written contract, which is illegal, which requires a license to buy or sell (for instance firearms, alcohol or pharmaceutical drugs) or which requires you to obtain an export license.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
If either you or we terminate your membership, you will continue to owe us any money which you owed to us before termination.
Ziggmi prohibits the use of another internet service to send or post spam to drive visitors to your site hosted on or through the Ziggmi system, whether or not the messages were originated by you, under your direction of a related or unrelated third party.
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Our services are available only to individuals who can form legally binding contracts under applicable law. We require your full address and telephone number contact information on registration. Without limiting the foregoing, our services are not available to minors. You must be 18 years or older. If you do not qualify, please do not use our services.
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Our site acts as the venue for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Ziggmi and any User of the service.
You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicense able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings or bids. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to Ziggmi with the exception of credit card numbers, bank account numbers etc.
No Resale or Unauthorized commercial use of the service. You agree not to make any unauthorized commercial use of the service without express written consent of Ziggmi.
Ziggmi makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or entirely error free. We do not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information provided by sellers or buyers and obtained through the service. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, Ziggmi.
We reserve the right to provide counterparties with information pertaining to a complaint or statement, written or oral, made against them by you or third-party acting with or without your consent. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Ziggmi (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User agrees that Ziggmi shall not be responsible or liable to user, or anyone for the statements or conduct of any third party on the service.
No advice or information, whether oral or written, obtained by user from Ziggmi or through or from the service shall create any warranty not expressly stated herein.
You agree that use of the service is at user's sole risk. The service is provided on an "as is" and an "as available" basis.
You must reimburse us for any loss, cost or expense which we suffer if someone else makes a claim against us as consequence of the use of the service by you or by someone else from your computer.
Ziggmi shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Ziggmi shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
Ziggmi assumes no liability for the content of the listings. The seller shall reimburse Ziggmi for all losses Ziggmi may suffer as a result of the listing, unless that loss is due to Ziggmi’s act or omission.
The right to sell items through our service is also subject to the Ziggmi Auction Posting Rules. These are available to view via the "Starting Auctions" section of the Ziggmi Helpdesk. If a user is seen to have broken these rules their account will be held and all auctions removed from Ziggmi without notice. It is at the discretion of Ziggmi if the account will be re-opened or not. Multiple offences will result in a permanent ban being placed on the offending account.
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We reserve the right to modify or discontinue the service if there is a change in the law or our operational requirements. We will not be liable to you for any loss you may suffer if we have to modify or cease the service for reasons beyond our control if we give you at least 30 days notice. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving you this amount of notice. If this is the case we will give you as much notice as we can.
If you do not wish to use the new operating rules or policies you should not continue to use the service after the notice requirement.
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This Site is controlled, operated and administered by Ziggmi from its offices within Canada. Ziggmi makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
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Effective: December 15, 2008
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