User Agreement (Terms & Conditions)
Acceptance of Terms
By accessing this web site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to be bound by the terms and conditions of this agreement, do not use or access our services. The materials contained in this web site are protected by applicable copyright and trade mark law. This agreement may be changed from time to time and is effective immediately after we post the changes on the site.
It is important to realize that classified ads are posted by other users, not by olwayz.com. Sellers and buyers are responsible for all aspects of the transactions in which they choose to participate. All transactions conducted on olwayz.com must be consistent with any applicable legal rules and with this agreement.
olwayz.com reserves the right to reject or remove any ad that is not consistent with the letter or spirit of olwayz.com’s policies or the law. Please review the agreement and make sure any transactions you conduct comply fully.
olwayz.com provides a platform for our users to connect with one another. olwayz.com does not participate in, nor is it a party to, any transactions. olwayz.com does not screen or control users who may sell or buy on olwayz.com, nor does olwayz.com review or authenticate all listings, items, or services offered for sale. Therefore, users of this service should be aware of the following.
- Sellers and buyers are completely responsible for working out the sale and exchange of goods or services.
- Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
- Sellers and buyers are responsible for all applicable taxes and for all costs incurred by participating in olwayz.com.
- Sellers and buyers must resolve any disputes that may arise from classified ad transactions. In the event that you have a dispute with one or more users, you release olwayz.com from claims, demands and damages 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.
- You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the site.
To obtain access to certain olwayz.com services, you will be given an opportunity to register with olwayz.com. As part of the registration process, you will select a user ID and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user ID that we deem offensive or inappropriate.
You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing olwayz.com through any user ID/password assigned to you. You will notify olwayz.com’s customer support of any known or suspected unauthorized use of your account.
Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through olwayz.com. Nothing will undermine a user's confidence in the item you're looking to sell faster than inaccurate statements or misleading representations about the item. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat olwayz.com users fairly and honorably.
- You must comply with applicable laws. You may not offer for sale or sell an item or service to any buyer in a jurisdiction where the item, service, or terms of the sale violate applicable laws or regulations. You also may not offer for sale any item or service that violates olwayz.com’s policies.
- You must have the rights to and possession of item. You may not offer any item for sale that is not in your possession, you do not have the right to sell, or that does not exist at the time of the ad.
- You must place your item in the most appropriate category. Each item can only be listed in one category.
- You must provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller.
- You must accurately describe your item and all terms of sale. You may not include any language in your ad, including the ad title, which may confuse potential buyers or cause your ad to be included in search results to which it is not responsive.
- You must avoid inappropriate ad content. You may not link to, post, or include advertisements for goods or other materials that: (1) describe items or services that you are not selling in olwayz.com, or (2) you do not have right to link to or include. You also may not include any content or images in your ad that are obscene, offensive, harmful to minors, invasive of anyone’s privacy, or otherwise inappropriate.
The material that appears on olwayz.com is for informational purposes only. Information about a particular item is supplied by the seller, not by olwayz.com. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services, you should confirm with the vendor any information that is important to your purchasing decision. olwayz.com is not responsible for, and does not guarantee the performance of, any such goods or services.
The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who come to olwayz.com will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the item they offer. When using this site to find an item you can buy, we urge you to use the same common sense and good judgment you would use a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment.
Services and Fees
Joining and using olwayz.com service is generally free. We may charge fees for certain services. If the service you use charges a fee, you have an opportunity to review and accept the fees that you will be charged.You are responsible for paying all fees associated with using our service and the site and all applicable taxes. Unless otherwise stated, all fees are quoted in US Dollars. Listing fees are not refundable even if you provide erroneous information or fail to sell. We may change our fee policy for our services from time to time. Our changes to the policy are effective immediately after we post the changes on the site.
Restricted Information and Activities
Your information and your activities on the site shall not:
- be false, inaccurate or misleading;
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- use or manipulate this service for any fraudulent activity or purpose, including collecting payment from buyers and not providing the item or service purchased, or filing false claims for insurance payments;
- take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our system;
- put any material on olwayz.com that contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- use any robot, spider, scraper or other automated means to access the site for any purpose. Additionally, you agree that you will not interfere or attempt to interfere with the proper working of the site or any activities conducted on the site;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- solicit olwayz.com users to post ads on other classifieds sites;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this agreement; and
- list any item on the site that, by paying to us the listing fee, could cause us to violate any applicable law or regulation.
Prohibited Items and Services
It is the responsibility of both the seller and the buyer to ensure that the items or services listed for sale and bought by users are appropriate for sale under all applicable laws and regulations. You may not sell the following items or services under any circumstances.
- Any item or service that is harmful to minors, obscene, or otherwise objectionable.
- Illegal or restricted weapons and related accessories.
- Cigarettes, illegal drugs, drug paraphernalia, prescription drugs, and medical devices, including any medical device that requires fitting by a certified practitioner or licensed seller.
- Any item that violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
- Any item that infringes the rights of a third party, including items that violate copyrights, trademarks, publicity, or privacy rights of third parties.
- Any item that is counterfeit or stolen.
- Any item that promotes, glorifies, or is directly associated with groups or individuals known principally for hateful or violent positions or acts. Official government-issue stamps and coins are not prohibited under this policy. Expressive media, such as books and films, may be subject to more permissive standards as determined by olwayz.com in its sole discretion.
- Any animal items that are subject to regulations or laws for the protection of live animals, including endangered species and domesticated animals, as well as any products made from or including any parts of an animal protected by law or regulation.
- Any item that has been the subject of a product recall by Consumer Product Safety Program, other government agency, or product manufacturer.
- Any item used for hacking, intercepting, jamming, descrambling, or otherwise obtaining unauthorized access to wire, electronic, or other types of communications.
- Bodies, body parts, bodily fluids.
- Fireworks, explosives, or any hazardous material or restricted chemical.
- Government-issued identification documents, whether authentic or counterfeit, police badges or insignia, and any other law enforcement items generally restricted for sale under federal and state/province law.
- Stocks and securities.
- Gambling items such as lottery tickets, sweepstakes, pyramid schemes, grab bags, raffles, slot machines, etc.
- Individual contracts, services, and any item that is non-transferable.
- Event tickets sold for prices that are in violation of the laws or regulations of the event venue.
- Non-packaged food items and other food or beverage items sold in a manner inconsistent with federal, state, or legal regulations.
- Any used goods not appropriate for resale for safety, health, or other reasons.
- Any items that are "adult oriented" in nature or marketed in an objectionable manner, as determined in olwayz.com’s sole discretion.
- Any other item or service that violates any applicable federal, provine, or local law or regulation or which olwayz.com determines, in its sole discretion, is inappropriate for sale through the services provided by olwayz.com.
Disclaimer of Warranties
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR OUR SERVICES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU.
Ownership and Permissions
Much of the information on the site is proprietary or is licensed to olwayz.com by our users or third parties. You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the site without the prior expressed written permission of olwayz.com and the appropriate third party, as applicable.
olwayz.com, in its sole discretion, may terminate any classified listing or your olwayz.com ID immediately and without notice if: (1) we believe that you have acted inconsistently with the spirit or the letter of the olwayz.com User Agreement or other policies; (2) we believe you have violated or tried to violate the rights of others; (3) we are unable to verify or authenticate any information you provide to us; or (4) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Please help us keep olwayz.com an enjoyable and positive experience. If you see an offensive or worrisome ad, please let us know by contacting us.
You hereby indemnify and hold harmless olwayz.com and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney's and experts’ fees and costs) arising out of or related to (1) any use or access by you (or on your behalf) of the site; (2) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (3) any access to or use of the site by you in violation of any rights of olwayz.com or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (4) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (5) any unauthorized access of, or through, the site to any computer system.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. 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. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
This website is created and controlled by us in the Province of Ontario, Canada. The laws of the Province of Ontario govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.
This User Agreement is effective as of July, 2016.