Privacy Policy

3. Collection of Personal Information

In the course of your use of the Site or our provision of Services, whether through our Site or otherwise, we may collect your personal information.

We will only collect personal information as permitted under the applicable privacy legislation. We may collect information in a variety of ways, including where you: 

• register on our Site;
• engage us to provide Services to you;
• participate in activities on our Services, including as a seller or buyer in any auction held on the Site;
• request us to provide you information about us or our Services, for example by signing up for a newsletter, email updates or other information service;
• send us an email inquiry either through our Site or directly to our email;
• use our chatbot, if any; and
• contact us by telephone or email. 

By submitting information to us, you consent to us collecting your information.

We may also collect aggregate information which tells us about visitors to our Site, but not the identity of those visitors. For example, we may collect information about the date, time and duration of visits and which pages of our Site are most commonly accessed. The purpose of collecting this aggregate information is to help us administer and improve our Site. Data collected through our Site on an anonymous and aggregated basis helps us measure interest in and use of our Site. We reserve the right to provide our analyses based on such anonymous and aggregated data to third parties. 

The Site also uses Google Analytics to gather information about users’ usage of the Sites. We utilize this information to make educated metric-based decisions to improve the user experience of the Sites. You can opt out of Google Analytics tracking by installing the Google Analytics Opt-Out Browser Add-on. 

4. How We May Use Your Personal Information

Personal information collected by us is used only for the purposes described in this Policy, or for other purposes which are disclosed to you and to which you consent.

We generally use your personal information to: 

• communicate with you about our Services generally;
• provide Services for which you have engaged us;
• provide you with news, special offers and general information about our Services;
• manage your registration as a user of our Site or Services, including to verify the identity of sellers and buyers who participate in auctions on the Site; 
• process payments for Services provided to you;
• investigate security breaches, or co-operate with government authorities pursuant to a legal matter;
• monitor traffic on our Site and improve our Site; 
• fulfill your requests;
• protect, investigate and prevent potentially fraudulent, unauthorized or illegal activities;
• protect our rights and the rights of others;
• aggregate, de-identify and anonymize personal information; 
• improve or administer our Services;
• enable communication among users of our Site;
• post testimonials on our Site;
• administer prize draws and competitions; and
• otherwise manage our relationship with you.

5. How We Share Your Personal Information

We may disclose or share your personal information in the following circumstances: 

• protecting our rights and property, including for security breach, loss or fraud prevention, investigation or mitigation purposes;
• protecting the safety of a person or a group of persons;
• with third party service providers that help us to provide our Services and our Site, such as subcontractors who assist us in providing our Services such as providing online auction functionality, providers who assist us in making the Site available such as website hosting, email delivery and messaging providers, providers that assist us with identity verification, payment processing, in monitoring and analyzing the use of our Services, providers that assist us with mapping services, and providers that assist us in showing advertisements to you on our Site; 
• with other users of our Site, where you interact publicly with other users and to connect sellers and buyers who win an auction;
• users of third-party social media services, when you register on our Site through a third-party social media service;
• with our affiliates and business partners, for the purposes of offering you certain products or promotions;
• with a third party, in the event of a change in ownership of all or a part of us through some form of merger, purchase, sale, lease or amalgamation or other form of business combination in accordance with applicable laws;
• other purposes identified when the personal information is collected, or as permitted or required by law; and
• with any third party, where you have provided your consent for such disclosure or where disclosure is required or permitted by law; and other purposes, some of which have been identified in other sections of this Policy.

6. How We Retain Your personal information

We may retain your personal information as long as is necessary in order to manage our relationship with you (or fulfill the purposes for which it was collected) or as otherwise permitted by law. We will destroy personal information when it is no longer required for the purposes for which it was collected or as required by applicable law. 

7. Accuracy of personal information

We take reasonable steps to ensure that any personal information in our custody is accurate and up-to-date for the purposes for which the personal information is to be used by us. In most instances, we rely on users to notify us of any changes to their personal information provided by them. 

8. Links

Our Site may contain links to other websites. Linked websites are operated by third parties who are responsible for their own privacy practices and you should check those websites for their respective privacy policies.

9. Security

We use reasonable and appropriate measures designed to help you secure your personal information against accidental or unlawful loss, access or disclosure. Only staff and service providers who have a legitimate business purpose for accessing the personal information collected by us are authorized to do so. Unauthorized use of personal information by anyone affiliated with us is prohibited and constitutes grounds for disciplinary action.  

Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. While we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us.

You are solely responsible for ensuring that you do not disclose your information to third parties. This includes but is not limited to, ensuring that sufficient security software is installed and running on your computer, smartphone or tablet, that your network firewall is of sufficient quality and that your wireless connection is encrypted to a degree that will prevent third party access.  

Personal information collected by us or third parties referenced herein may be stored and processed in another country and by using our Services or the Site, you consent to any such transfer of information outside of Canada.  We will use reasonable measures to ensure all personal information is protected, but cannot ensure that the laws of other countries will offer the same level of protection as Canadian laws.  By submitting your personal information to us, you hereby consent to the transmission, processing and/or storage of personal information outside of Canada.

10. Cookies and Similar Technologies

In order to improve our Site on an ongoing basis, we may use cookies to track your visit. The Site also uses cookies to provide users with certain features and preference settings. 

A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the Site that gave it to you. It functions as your identification card. It is not a program and cannot be executed as code or deliver viruses.

Cookies can also customize the Site to your particular interests or store your personal information – like passwords or user IDs. If a site ever greets you with your name, chances are it’s using a cookie to do so.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie – this gives you the chance to decide whether to accept it. To learn more about cookies and how to change your settings, please use the help function in your browser. The alerts will be quite frequent, however, and may eventually become annoying.

You can use the Site without cookies, but you may have to re-enter information each time you visit. When you visit our Site, Google Analytics adds a cookie to distinguish you from other users and track your behaviour across our Site. We use this information to improve the user experience of the Site. The cookie lasts for up to 2 years. You can read about this in the Google Analytics Privacy Policy.

Similarly, we may also collect information regarding the type of device, your operating system, the browser you use, your internet service provider, your domain name, your internet protocol (IP) address, your language preferences, the location of your device, the date and time that you accessed our service, the Site that referred you to our Site, and the web pages you requested. We may use such information to evaluate service performance and service quality and to optimize the user’s experience of our Site. To collect this information, we use cookies, web beacons and similar technologies. We do not respond to or honor “do not track” signals or similar mechanisms transmitted by web browsers. 

11. Personal Information and Children

We do not knowingly collect personal information from or offer Services to anyone under the age of majority where you reside (which, in Canada, may be 18 or 19 years old, depending on where you live). If you are under the age of majority, you may only provide personal information or use the Services with the permission and involvement of a parent or legal guardian. If your child has provided us with personal information, please contact us at office@bidmoto.com to request to have the personal information deleted. 

12. Direct Marketing

We are committed to complying with Canada’s Anti-Spam Legislation. Where we have your consent or it is lawful to do so, we may provide you with direct marketing communications about us or our Services, which may be of interest to you. Such information may be sent to you by post, email, telephone or SMS. 

If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving those communications at any time by:

• using the “unsubscribe” mechanism in our emails; or
• contacting our Privacy Officer using the contact information provided below. 

However, we reserve the right to send you transactional or informational emails such as communications in connection with our Services or changes to our Site or our policies.

13. Your Rights

Upon written request to office@bidmoto.com, you will be informed of the existence, use and disclosure of your personal information, and will be given access to that personal information. We provide an opportunity for individuals to challenge the accuracy and completeness of their personal information and have it amended as appropriate.

14. Complaint Handling Process

Any person who wishes to make a complaint concerning the application of this Policy or, more generally, the protection of their personal information by us, must do so in writing to our Privacy Officer at the email address indicated in the following section.

The individual must provide their name, contact information, including a telephone number, as well as the subject of the complaint and the reasons for the complaint, in sufficient detail to us to evaluate the complaint. If the complaint is not specific enough, the Privacy Officer may request any additional information deemed necessary to assess the complaint.

We will treat all complaints received as confidential. Within thirty (30) days following receipt of the complaint or of all additional information deemed necessary and required by our Privacy Officer in order to process the complaint, the Privacy Officer will evaluate the complaint and provide a written response. The purpose of this assessment will be to determine whether our handling of personal information complies with this Policy, any other policies and practices in place within the organization, and applicable legislation or regulations.

We will maintain a separate file for each complaint received, each of them containing the complaint, the analysis and documentation supporting the assessment, as well as the response sent to the person who filed the complaint.

It is also possible to file a complaint with the Office of the Information & Privacy Commissioner of Alberta or any other privacy oversight body responsible for the applicable law. However, we invite any interested party to first contact our Privacy Officer and wait for our process to be completed. 

15. Contacting us

Accountability with respect to your personal information is important to us. In the event that you have any questions (including how personal information is managed by us), concerns about this Policy, or if you have reason to believe that we may have failed to adhere to it, please contact us by sending an email. Questions regarding your rights and responsibilities under this Policy can be directed to our Privacy Officer at office@bidmoto.com. 

Terms & Conditions

Effective Date: March 21, 2024

IMPORTANT: THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PRIVACY POLICY AND OTHER DOCUMENTS INCORPORATED BY REFERENCE INTO THESE TERMS AND CONDITIONS OF USE, CONTAIN, AMONG OTHER THINGS: (I) IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS AND RESPONSIBILITIES, INCLUDING WITH RESPECT TO COMPLETING A TRANSACTION FOLLOWING AN AUCTION, AND (II) VARIOUS LIMITATIONS AND EXCLUSIONS.  PLEASE READ THEM CAREFULLY.

These Terms and Conditions of Use (“Terms”) govern your access to and use of our online platform (the “Platform”), websites (including bidmoto.com), Mobile Applications (as defined below) and any other digital products and services (collectively, the “Services”).

These Terms are a legally binding contract between you, on the one hand, and BidMoto Inc. and its affiliates (collectively referred to as “we”, “our”, “us” and “BidMoto”), on the other hand. By accessing our Services (including using the Platform, visiting any of our websites or using any Mobile Applications), creating an account, clicking a box indicating your acceptance of these Terms or otherwise using the Services, these Terms apply to you as a user of the Services (“you” and “your”) and you accept and agree to be bound by these Terms.

If you are not of the age of majority in your place of residence or do not agree with some or all of these Terms (including any updates to these Terms), you must not access or use the Services.

WE ARE NOT A TRADITIONAL AUCTIONEER AND ONLY PROVIDE A PLATFORM FOR SELLERS TO AUCTION MOTORCYCLES OVER THE INTERNET, WITHOUT ANY INDIVIDUAL AUCTIONEERS. FURTHER, WE DO NOT ACT AS A MOTOR VEHICLE DEALER AND WE DO NOT BUY, SELL, DISPOSE OF OR EXCHANGE MOTOR VEHICLES, NOR DO WE INSPECT, TAKE OR HOLD OWNERSHIP, TITLE OR POSSESSION OF, OPERATE ON A CONSIGNMENT BASIS IN RESPECT OF, OR TRANSFER TITLE WITH RESPECT TO, ANY MOTOR VEHICLES, OR OFFER OR ATTEMPT TO DO ANY OF THE FOREGOING. WE DO NOT ACT AS A BROKER, AGENT OR BROKER-AGENT OR ACT ON ANYONE’S BEHALF. ALL PURCHASES AND SALES OF MOTORCYCLES AND OTHER ITEMS RESULTING FROM USE OF OUR PLATFORM ARE SOLELY BETWEEN THE APPLICABLE BUYER AND SELLER.

1. Eligibility

By using or accessing our Services, you represent and warrant that: (a) you are of the age of majority in your place of residence; (b) if you are acting on behalf of an entity, you and any other individuals that use or access our Services on the entity’s behalf are authorized to act on the entity’s behalf and bind the entity, and these Terms bind the entity and you and all such other individuals; (c) you can lawfully enter into and form contracts in accordance with local law; (d) your access to or use of the Services does not breach these Terms (for example, you are using the Services in an intended jurisdiction, and one or more of your accounts have not been previously disabled, terminated, suspended or revoked); and (e) except in accordance with Section 3.3(c)(i) for Sellers (as defined below), you are using and accessing the Services only for personal and non-commercial purposes.

2. Our Services

2.1BidMoto: We carry on business as BidMoto. Our legal name, address, phone number and email address are:

BidMoto Inc.
4639 6th St NE, Unit 2, Calgary AB T2E 3Z6
Phone: 403-471-9957
Email: Info@bidmoto.com

2.2 Using our Services: Subject to your compliance with these Terms, you have the limited, non-exclusive, non-transferrable and revocable right to access and use the Services, and to download, install and use the software applications provided by us to enable access and use of the Services through mobile or other handheld devices (such as apps on iOS or Android devices) (together, the “Mobile Applications”) to access and use the Services. Your right to access and use the Services (including the Mobile Applications) remains effective until your access thereto has been revoked, suspended or terminated by you or us. We may, but have no obligation to, review your use of the Services (including any Mobile Applications) for compliance purposes. 

2.3 Updates, Changes, Maintenance and Support: We reserve the right to update, modify, substitute, suspend or remove, without notice to you, the Services (including materials, content, features and functionality). Any updates to the Services are subject to these Terms. Your access to the Services may be restricted or unavailable to allow for repairs, maintenance or the introduction of new functions or services, or for any other reason. We will attempt to restore such access as soon as we reasonably can but we will not be liable if, for any reason, all or any part of the Services is restricted or unavailable to users at any time or for any period. You acknowledge that we have no obligation to provide any maintenance or support for the Services, except where required by applicable law.

2.4 Enforcement, Suspension, and Termination: We have the right, without provision of notice and without any responsibility or liability to you, to:

(a) remove or refuse to post, display, transmit or otherwise make available on or through the Services any Content (as defined below), including any Listings (as defined below) or bids, for any or no reason in our sole discretion;

(b) take such actions with respect to (including edits or other modifications of) any Content, including any Listings or bids, deemed necessary or appropriate in our sole discretion, including where such Content violates these Terms;

(c) take appropriate legal action, including referral to law enforcement or a regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services; and

(d) terminate, suspend or revoke your access to and use of all or part of the Services (including disabling or terminating your account) for any or no reason, including any violation of these Terms.

2.5 Services Monitoring: Notwithstanding the foregoing, or our potential consideration of Listings or provision of any Optional Listing Services (as defined below) as set out in Section 3.3(a), we have no obligation nor any responsibility to any party to monitor the Services or the use thereof, and do not undertake and cannot undertake to review Content (or the equivalent from other users of the Services). We cannot ensure prompt removal of objectionable material after it has been posted and, subject to applicable law, we have no liability for any action or inaction regarding submissions, transmissions, communications, or content provided by any user or third party (including as may be modified, whether or not by us).

2.6 No Reliance 

(a) The content on our Services is provided for general information purposes only. You are solely responsible for obtaining any further information or advice before taking, or refraining from, any action or inaction on the basis of the content (including any content posted or provided to you by other users) on or through our Services.

(b) We make no representations, warranties, or guarantees, whether express or implied, that the content (including any content, such as Listings, posted or provided to you by other users) on our Services is accurate, complete, or up to date. Your use of the Services (including communications or other interactions with other users of our Services, including Buyers (as defined below) and Sellers) or reliance on any of the content made available via the Services (including any content, such as Listings, posted or provided to you by other users) is at your own risk and we assume no responsibility or liability whatsoever for your use of the Services or reliance on such content, notwithstanding, among other things, our rights under Section 2.4 (or the exercise thereof), verification of certain users as set out in Section 3.2 or potential consideration of Listings or provision of any Optional Listing Services as set out in Section 3.3(a).

(c) The Services include content, such as Listings, provided by third parties, including from other users. All information, statements and/or opinions expressed in any such third-party content (including as may be modified, whether or not by us) are solely the information, statements or opinions, as applicable, and the responsibility of the applicable third party. Such materials do not necessarily reflect the opinion of BidMoto. We assume no responsibility or liability whatsoever to you, or any third party, for any information, statements, correspondence, opinions or other materials (including as may be modified, whether or not by us) provided by any third party (including other users), including the content or accuracy thereof or your use or reliance thereon.

2.7 Place of use: Our Services (including Mobile Applications) (i) are intended for use only in Canada outside of Quebec; and (ii) notwithstanding the foregoing, are not intended for use in any jurisdiction where its use is not permitted. You are solely responsible and liable for ensuring that your access to and use of the Services (including Mobile Applications) complies with the local law of your jurisdiction.

2.8 Text Messages

(a) As part of the Services or for marketing or promotional purposes, you may receive text messages (for example, SMS or MMS messages) from us to the mobile telephone number you provide in your account or any other number that you designate. We reserve the right to change the short code or phone number from which messages are sent. Message and data rates may apply.

(b) Not all mobile devices or other devices may be supported and our messages may not be deliverable in all areas. We, our service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. 

(c) If you opt out of text messages from us from one of our text message programs, you may continue to receive text messages from us through any other programs, until you separately unsubscribe from those programs.

3. Platform, Buyers and Sellers

3.1 Platform: The Platform is a motorcycle auction platform and dedicated community of motorcycle enthusiasts that allows sellers (“Sellers” and each, a “Seller”) to list their motorcycles for auction, and buyers (“Buyers” and each, a “Buyer”) to bid for them. If you wish to use the Services as a Buyer or Seller, you are required to create an account for the Services. For greater certainty, Buyers and Sellers are users of the Services and are subject to these Terms. Other users of the Services may also be required to create an account in order to fully engage with the Services, such as commenting on articles. All bids and other monetary amounts (including any starting bids and any reserve prices or minimum prices) on the Platform are in Canadian dollars.

3.2 User Verification: In order to become a Buyer or Seller, you may be asked to complete and pass a verification process on the Platform. Notwithstanding the foregoing, we assume no responsibility or liability for the verification of the identity or background of any Buyers, Sellers or other users of the Services, and your use of the Services and completion of a Transaction (as defined below) with other users is at your own risk.  You must provide the applicable verification services provider with all requested information and documentation, and you are subject to any applicable terms, conditions, restrictions and other requirements of such provider.  We may require you to be responsible for any fees or charges assessed by such provider in connection with your verification.

3.3 Sellers

(a) We may work with Sellers to confirm that their listings (“Listings” and each, a “Listing”) of motorcycles for auction on the Platform generally comply with the Platform’s standards and requirements (which may be revised or updated from time to time at our sole discretion) and to confirm details of the motorcycle in a Listing. Sellers may be required to revise Listings that do not comply with the Platform’s standards or requirements. We may also offer Sellers optional services (including editing text or pictures) with respect to their Listings (the “Optional Listing Services”), for the Optional Listing Services Fees (as defined below). Our edits pursuant to the Optional Listing Services are suggestions only, and are subject to the Seller’s final acceptance (which may be implied).

(b) Notwithstanding the foregoing Section 3.3(a), we assume no responsibility or liability for the content of any Listing, even if we provided input on or edits to any part of it and regardless of whether Seller actually reviewed such input or edits. Each Seller is solely responsible for its Listings (as may be modified, whether or not by us), including the content thereof.

(c) Each Seller represents, warrants and covenants that: (i) except to the extent that we have expressly permitted in writing otherwise (including by allowing a Seller to select an option to indicate that it is a commercial seller, as applicable) and the Seller has notified us appropriately in connection therewith, they are using and accessing the Services only for personal and non-commercial purposes and not on behalf of a business and they are not selling motorcycles as part of the course of business; (ii) the Seller owns the motorcycles in their Listings; (iii) unless otherwise expressly stated in the Listing, each of the motorcycles in their Listings is in working order; (iv) none of the motorcycles in their Listings is the subject of both a recall by its manufacturer or any governmental or regulatory authority and a health or safety warning by any governmental or regulatory authority; (v) without limiting the other provisions in these Terms, they will ensure that their Listings are true, accurate and up-to-date, including with respect to a motorcycle’s specifications and condition; (vi) during the period that a Listing is active, they will not sell (or offer for sale) the applicable motorcycle through any other methods, including posting on any other websites or platforms; (vii) they will not bid, or allow any of their agents (including employees, if applicable) to bid, in any of their auctions or Listings; and (viii) they will not manipulate or interfere with any auctions or Listings (including their own).

3.4 Buyers: Each Buyer represents, warrants and covenants that: (a) they are using and accessing the Services only for personal and non-commercial purposes and not on behalf of a business and they are not buying or otherwise acquiring motorcycles as part of the course of business; (b) they are bidding for and acquiring motorcycles for themselves personally; and (c) they are not bidding in any auctions or Listings for which they are a Seller (or an agent thereof).

3.5 Completing the Sale

(a) Following the closing of the auction for a Listing, the winning Buyer and the Seller will be solely responsible for completing the purchase and sale of the applicable motorcycle (each purchase and sale, a “Transaction”, and more than one Transaction collectively, the “Transactions”), including negotiating and entering into a Transaction Agreement (as defined below), arranging for the transfer of legal ownership of the applicable motorcycle and payment of applicable taxes for the Transaction. Each Buyer and Seller agrees that they will act in good faith to negotiate the Transaction Agreement and complete the Transaction, and that they have complied and will comply with all applicable laws (including regulations and court orders) in relation thereto and the sale of the applicable motorcycle. For greater certainty, while the Transaction Agreement is being negotiated or the Transaction is otherwise being completed, the Seller agrees that it will not sell (or offer for sale) the applicable motorcycle through any other methods, including posting on any other websites or platforms.

(b) Notwithstanding the foregoing, each Buyer and Seller acknowledges that: (i) if the highest bid on a Listing at the time the auction closes in respect thereof (such bid, the “Winning Bid”) is lower than the reserve or minimum price set by the applicable Seller, the applicable Transaction will not proceed, and we will not connect the Seller and the winning Buyer in that case; and (ii) bids by Buyers (including the Winning Bid) are expressions of interest and do not create a binding agreement between a Buyer and a Seller.

(c) Except as otherwise provided, we will connect the Seller and the winning Buyer following the closing of the auction for a Listing. You agree that we may share your information with the applicable Buyer or Seller. Any information you receive about the applicable Seller or Buyer may only be used for the purpose of completing the Transaction and may not be used or disclosed for any other purpose. 

(d) Each Transaction is subject to such terms and conditions as such Buyer and Seller may negotiate and agree (including with respect to payment for and delivery of the applicable motorcycle and any applicable fees, costs, inspections and warranties), provided that such terms and conditions do not restrict our rights or expand our responsibilities under, or in any way violate, these Terms. Each Transaction, including all terms and conditions agreed by the Buyer and the Seller, constitutes a contract directly between a Buyer and a Seller (such contracts, the “Transaction Agreements” and each, a “Transaction Agreement”). Without limiting the foregoing, in respect of each such Transaction Agreement: (i) the price for the motorcycle (the “Purchase Price”) must be the Winning Bid, and (ii) unless otherwise agreed by the Buyer and the Seller, the Buyer will be responsible for any shipping or transportation costs and any other applicable costs, fees or amounts.

(e) You acknowledge and agree that: (i) we are not, and will not be, party to a Transaction Agreement or the relationship or other dealings between a Buyer and a Seller in respect of a Transaction, (ii) Buyers and Sellers are solely responsible for negotiating and agreeing to their respective Transaction Agreements and for completing their Transactions, (iii) we will not have any liability arising from, or any obligations under, any Transaction Agreements or any Transactions, (iv) we will not be responsible for supervising, monitoring or enforcing Buyers’ and Sellers’ compliance with their respective Transaction Agreements or the completion of any Transactions, and (v) we will not be involved in or liable for any disputes relating to a Transaction or Transaction Agreement, which will be settled solely between the Buyer and the Seller. 

3.6 Payments

(a) Platform Fees and Optional Listing Services Fees: Buyers and Sellers are responsible for the payment of Platform Fees (as defined below) and Optional Listing Services Fees to BidMoto, respectively, in accordance with Section 5.

(b) Transaction: For each Transaction, the Buyer will be responsible for paying the Purchase Price to the Seller directly, on such terms as may be agreed by the Buyer and the Seller. In accordance with Section 3.5(d), the Buyer will also be responsible for any shipping or transportation costs and any other applicable costs, fees or amounts, unless otherwise agreed by the Buyer and the Seller. The time and method of payment (or times and methods, as applicable) in respect of the amounts set out in this Section 3.6(b) will be agreed by the Buyer and the Seller. You acknowledge and agree that we have no responsibility for or in connection with the payment or the collection of the Purchase Price, any shipping or transportation costs or any other costs, fees or amounts in connection with a Transaction.

(c) Taxes: Buyers and Sellers will be responsible for taxes in accordance with Section 6. Further, taxes relating to any amounts not covered therein (including shipping or transportation costs or any other costs, fees or amounts in connection with a Transaction) shall be the sole responsibility of the Buyer or the Seller that is responsible for the underlying payments, as the case may be.

3.7 Comments: We are not responsible for any comments or other feedback posted or made available on the Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. We have no obligation or responsibility to monitor or censor these opinions or to investigate any comment posted by users for accuracy or reliability but may do so at our sole discretion.  We may (but are not obligated to) remove any comments, feedback or other reviews that, at our sole discretion, violate these Terms or negatively affect our Services, operations or reputation. User comments do not constitute an introduction, endorsement or recommendation by BidMoto.

3.8 General: You agree that:

(a) we make no representations or warranties about, and do not guarantee, and have no responsibility to investigate or verify: (i) the identity or background of, or any information or feedback provided by, any Buyers, Sellers or other users of the Services; (ii) the quality, accuracy, safety, legality or any other aspect of the Listings or the quality, safety, legality, existence, performance, specifications, condition or any other aspect of the motorcycles; (iii) the ability of a Buyer or Seller to complete a Transaction (including payment or delivery, as applicable); or (iv) that a Buyer or Seller can or will negotiate or fulfill their obligations under any Transaction Agreement;

(b) we have no responsibility to supervise, direct or control a Buyer or Seller’s use of the Services or completion of a Transaction or any communications or other interactions between any users of our Services (including between a Buyer and a Seller); and

(c) you are solely responsible for your safety in relation to or otherwise arising out of the Services, including in connection with any Transaction.  Without limiting the foregoing, you should, among other things, exercise caution and take care if you meet with or disclose personal information to another user of the Services. 

4. Your Responsibilities

4.1 Your Account: Some of the Services may permit or require you to create an account to access or use those Services or obtain additional benefits, including as described in Section 3.1.  If you create an account for any of our Services, you agree: (a) that your account and password are personal to you and may not be used by or on behalf of anyone else to access or use the Services; (b) to provide and maintain accurate, current and complete information about yourself, including contact information; (c) not to impersonate, or misrepresent your connection with, any person, including using another person’s username, name, likeness or account information; and (d) not to register for more than one account without our prior written consent. 

4.2 Log-in Information: You are responsible for maintaining the confidentiality of your account username and password information for the Services. You must immediately notify us of any unauthorized use or suspicious activity in your account for our Services, as you are responsible for all activities that occur under your account. We will not be liable for any loss or damages that you may incur as a result of someone else using your username or account, either with or without your knowledge. However, you may be held liable for losses or damages incurred by us or another person due to someone else using your username or account. Without limiting the foregoing, you are solely responsible for ensuring that your use of our Services is compliant with all applicable law.

4.3 Your Content: Some of our Services may permit you to submit, send, share, post, provide, transmit, display, upload or otherwise make available data, text, images, files, usernames, audio, video, applications, links and other materials, information, correspondence and content (collectively, the “Content”), which may be accessed or viewed through, or displayed on, our Services. For greater certainty, Content includes bids by Buyers and listings by Sellers. You are solely responsible and legally liable (including to any third parties) for your Content (including as may have been edited or otherwise modified by us in accordance with these Terms). You represent, warrant and covenant that your Content complies with all applicable federal, provincial, local and international law (including regulations and court orders) and these Terms.

4.4 Your use of the Services 

(a) As a condition of your access and use of the Services, you agree that you may use the Services only for lawful purposes and in accordance with these Terms.  You must use the Services in compliance with all applicable federal, provincial, local and international law (including regulations and court orders).  Any suspected fraudulent, abusive or illegal activity by you may, at our sole discretion, be referred to law enforcement authorities.

(b) You agree to represent yourself professionally and courteously in your Content and while otherwise communicating or otherwise interacting with other users of our Services (including Buyers and Sellers).

(c) You agree not to:

(i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make any part of the Services (including materials, content, features and functionality) available to any other person; 

(ii) use the Services to process data on behalf of any other person; 

(iii) use the Services other than through the interfaces provided or authorized by us;

(iv) scrape or crawl any part of our websites or other Services, including by using any automatic device, process, or means (such as robots, spiders and scrapers), to access any of our websites or other Services (including materials, content, features and functionality) for any purpose, including monitoring or copying any of the material on any of our websites or other Services;

(v) harvest or collect data or information (including personal information) from any of our websites or other Services (including materials, content, features and functionality), including from any users of the Services, or using any such harvested or collected data or information; 

(vi) access content or data that is not intended for you;

(vii) modify, adapt, hack or otherwise interfere with the proper working of the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks or use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; 

(viii) use the Services (including materials, content, features and functionality) in any unlawful manner, including in violation of any applicable export laws (including export regulations), or to promote any illegal activity or advocate, promote or assist any unlawful act; 

(ix) use the Services to send unsolicited communications, junk mail, spam or other forms of duplicative or unsolicited messages or to send any advertisements, promotions, sales or solicit or encourage any other commercial activities, other than as intended by or in relation to the Platform, without our prior written consent; 

(x) use the Services to store or transmit any content that infringes, violates or misappropriates any person’s rights, including intellectual property and privacy rights; 

(xi) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy or otherwise access or discover the source code or underlying program of any websites, applications or software making up the Services; 

(xii) use the Services to knowingly post, transmit, upload, link to, send or store: (1) any Content that is (or encourages action that is) unlawful, defamatory, sexually explicit, violent, inflammatory, harmful, racist, hateful, threatening, abusive, harassing, exploitive, libelous, obscene, discriminatory or otherwise harmful or objectionable (or take any action that constitutes any of the foregoing) or that contains any material that could give rise to any civil or criminal liability under applicable law (including regulations and court orders) or could violate any contracts or other agreements you are bound by, in each case such determination to be made in our sole discretion, or (2) any viruses, malware, Trojan horses, time bombs or any other similar harmful software (“Malicious Software”); 

(xii) involve, provide, or contribute any false, inaccurate, out-of-date, incomplete or misleading information or use a false identity; 

(xiv) impersonate, misrepresent your affiliation with or falsely attribute statements to any person or entity, including us, one of our representatives or another user; 

(xv) establish a link to any of our websites in such a way as to suggest any form of association, approval or endorsement on our part where none exists; 

(xvi) use the Services in any manner that violates the terms of use of any third-party website, including any third-party social media websites or mobile applications;

(xvii) use the Services for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages or sending electronic communications (including e-mail) in violation of applicable law; 

(xviii) build or develop similar or competitive Services (including a website similar or competitive to any of our websites or a mobile application similar or competitive to any Mobile Applications); 

(xix) use the Services to encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm us or users of the Services or expose us or them to liability; 

(xx) use the Services (including materials, content, features and functionality) for any purpose other than the auction of, and sharing your enthusiasm for, motorcycles on our Platform; or

(xxi) use or try to use, or encourage or assist others to use or try to use, the Services in violation of these Terms.

(d) Subject to your compliance with Section 4.4(c) above, you may link to any of our websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not frame any of our websites on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with this Section 4.4 and all applicable federal, provincial, local and international law (including regulations and court orders) and any applicable website terms of service. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

4.5 Unauthorized Use: If we inform you that a specified activity or purpose is prohibited with respect to the Services, you will immediately cease using the Services for such prohibited activity or purpose.

5. Fees and Payment

5.1 Our Fees:

(a) When the auction for a Listing closes, the Buyer with the Winning Bid for a Listing will pay to us a fee for using the Platform (the “Platform Fee”, and more than one Platform Fee collectively, the “Platform Fees”), calculated at five percent (5%) of the Winning Bid, unless such calculation is less than $50 CAD or greater than $300 CAD, in which case the applicable Platform Fee will be $50 CAD or $300 CAD, respectively.  

(b) If a Seller requests our Optional Listing Services, the Seller will pay to us the then-current fees for such services, as specified on the Platform from time to time (the “Optional Listing Services Fees”). 

(C) The Platform Fees and Optional Listing Services Fees are non-refundable.

5.2 Payment

(a) You may pay the Platform Fees by credit card or other accepted payment method. You acknowledge and agree that when you bid on a Listing, including any subsequent bids on the same Listing, we will place a pre-authorization hold or a further pre-authorization hold on your credit card or other accepted payment method for what the Platform Fee would be if your bid or subsequent bid is the Winning Bid, and you irrevocably authorize the payment provider to immediately charge you for such amount with no additional notice to or consent from you if the auction for such Listing closes and your bid or subsequent bid is the Winning Bid. Payment of the Platform Fees is due and payable at the time the auction for a Listing closes, and will be separately charged to your credit card or through another accepted method at such time if the pre-authorization hold and charge set out in the foregoing are unsuccessful. 

(b) You may pay the Optional Listing Services Fees by credit card or other accepted payment method. Payment of the Optional Listing Services Fees is due and payable at the time the Optional Listing Services are requested.

(c) You are subject to any applicable terms, conditions, restrictions and other requirements of any payment provider related to your chosen payment method and are solely responsible for any transaction fees, insufficient fund charges or any other fee or charge that is assessed by a payment provider in connection with your use of such payment method. You must provide the applicable payment provider with valid payment information and immediately notify the payment provider of any change in such information.

5.3 Late Payments/Non-payment: We will notify you if we do not receive payment of any Platform Fee or any Optional Listing Services Fees at the time such fee is due and payable. If we do not receive payment by such time, in addition to other remedies available under law, we may: (a) charge interest for late payment at 1.5% per month, plus reasonable legal and other professional fees and expenses for collection; (b) suspend your access to and use of the Services until we receive your payment; and/or (c) terminate your access to and use of the Services (including disabling or terminating your account).

5.4 Benefits: We may, at our sole discretion, offer a user certain benefits from time to time, such as discounts on the Platform Fees or Optional Listing Services Fees. These benefits are specific to such user’s account and are not transferrable. The benefits may have a specified expiry date and, if not, they will expire 12 months from their date of offer.

5.5 Currency: The Platform Fees, Optional Listing Services Fees and any other fees, charges, payments and other monetary amounts under the Services are in Canadian dollars. You will be responsible for payment of any fees or expenses imposed by any payment provider, and by any payment method provider used to settle a transaction in Canadian dollars. From time to time, we (or a payment provider) may offer the option to make or receive payment in a currency other than Canadian dollars.

6. Applicable Taxes

6.1 Payments: The Platform Fees, Optional Listing Services Fees and any other amounts required to be paid under these Terms, and the Purchase Price in connection with a Transaction, do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). If you are a Buyer with a Winning Bid or a Seller requesting Optional Listing Services: (a) you are solely responsible and liable for paying the Taxes that would be levied against you by government authorities; (b) we will invoice you for Taxes if we believe we have a legal obligation to do so, and you agree to pay such Taxes invoiced to you; and (c) should any payment for the Services (including Optional Listing Services) or the Purchase Price be subject to withholding tax against us by any government authority, you will promptly reimburse us for the full amount of such withholding tax.  This provision does not apply to our income or franchise taxes.

6.2 Sales: If you are a Seller, you are solely responsible for any contributions, payments, taxes, and deductions required by law or otherwise, and any withholding, remittances, and taxes and making any required registrations, filings and reports as a result of a Transaction.  We will not be responsible for any of the foregoing.

6.3 Tax Indemnity. Regardless of whether you are a Buyer, Seller or other user, you agree to indemnify us for any orders, penalties, interest, taxes, contributions, payments, deductions, liabilities, costs, fees and expenses that may be assessed against us or that we may incur in relation to your failure to comply, or delay in complying with, any or all of Section 3.6(c), Section 6.1 or Section 6.2, as applicable, including the payment of taxes (including Taxes), contributions, payments and deductions relating to your transactions (including Transactions), Transaction Agreements and other use of the Services. At our request, you will provide reasonable assistance and documentation relating to the payment of taxes (including Taxes), contributions, payments and deductions, to withholding and remittances and to the making of any required registrations, filings and reports relating to your transactions (including Transactions) under the Services, Transaction Agreements and other use of the Services, as applicable.

7. SUSPENSION AND TERMINATION

7.1 Suspension and Termination by Us: We may immediately terminate, suspend or revoke your access to and use of all or part of the Services (including disabling or terminating your account) for any or no reason, including if you violate these Terms or for late or non-payment of the Platform Fees or Optional Listing Services Fees. Without limiting the foregoing:

(a) at our sole discretion, we may notify you of any activities that violate these Terms and may provide you with a period of 15 days to cure or cease such activities. If we provide you with a cure period and you do not cure or cease such activities within the above cure period, or if we believe that your breach of these Terms cannot be cured, your access to and use of the Services will be terminated (including disabling or terminating your account); and 

(b) we may terminate your access to and use of the Services (including disabling or terminating your account) immediately on notice to you if we reasonably believe that any part of the Services is being used by you in violation of applicable law.

7.2 Effect of Termination:  Following termination of these Terms, the following provisions will apply:

(a) Charges: If we terminate your account under Section 7.1 or otherwise pursuant to these Terms, you must immediately pay any amounts you may owe us that have accrued prior to termination, unless waived by us in writing. 

(b) Content Export: We strongly recommend that you export all your Content before your access to or use of any part of the Services is terminated, suspended or revoked (including by disabling or terminating your account). Following termination, suspension or revocation of your access or use, then unless otherwise specified in these Terms, your Content will be retained for a period of 14 days from such termination, suspension or revocation, within which you may contact us to export your Content (“Content Retention Period”). After the Content Retention Period, we will delete all your Content in the normal course of operation. Your Content cannot be recovered once it is deleted. 

7.3 Survival: The respective rights and obligations of you and us under the provisions of Sections 2.6, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 hereof will survive termination of these Terms.

8. Ownership Rights and Restrictions

8.1 Ownership

(a) All right, title and interest in and to the Services (including materials, content, features and functionality), and derivatives of the Services, will belong to and remain exclusively with us and our licensors.  All rights not expressly provided to you under these Terms are reserved. You retain all ownership and other intellectual property rights in and to your Content.

(b) Our name, the “BidMoto” trademark, our logo and trademark, and all related names, logos, product and service names, designs, images, and slogans are trademarks of BidMoto or its affiliates or licensors. You must not use such marks without the prior written permission of BidMoto. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on any of our websites or any Mobile Applications are the trademarks of their respective owners. Use of any such property, except as expressly authorized, will constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other law and could subject the infringer to legal action.

8.2 Content License: You: (a) hereby grant to us a worldwide, transferrable, sublicensable, royalty-free, fully paid, perpetual, irrevocable right and license to host, use, copy, reproduce, distribute, display, perform, make available to the public, transmit, broadcast, publish, process, modify and create derivative works of your Content and authorize others, including our affiliates and service providers, to do the foregoing (the “Content License”); and (b) represent, warrant, and covenant, and can demonstrate to our satisfaction upon request, that: (i) you own or otherwise have the legal right and capacity to submit your Content and grant the Content License or that your Content is in the public domain worldwide; (ii) your Content does not violate, misappropriate or infringe the rights of any third party, including privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information or other intellectual property rights; (iii) your Content is not confidential or proprietary and does not contain or include any information that you or a recipient do not have the right to disclose or do not wish to be disclosed; (iv) you agree to pay all royalties, fees, remuneration and any other monies due or payable arising from any use of your Content or the exercise of the Content License by us or third parties authorized by us; and (v) you hereby irrevocably waive any moral rights you have in your Content and acknowledge that such waiver may be invoked by any person authorized by us. Without limiting the foregoing, we may use your images, video, audio and other Content for any purposes not related to the Services, subject to the Content License.

8.3 Feedback and Suggestions: If you send us any feedback or suggestions (whether or not sent through the Services) regarding the Services, you hereby grant to us an unlimited, worldwide, irrevocable, perpetual, sublicensable, transferrable, royalty-free, fully paid license to use any such feedback or suggestions for any purpose without any attribution, compensation or other obligation to you.

9. Privacy

In providing our Services, we may collect, use, store, disclose, process or otherwise handle your personal information. Our Privacy Policy, which can be found at [insert link] and may be updated from time to time, forms part of these Terms. As the Privacy Policy describes how we collect and manage personal information, we encourage you to read it and use it to help you make informed decisions.

10. Linked Materials, Third Party Service Providers and Other Services

10.1 Linked Materials and Services: Materials provided through, and other components of, the Services may contain links to or rely on material and services on third party websites (“Linked Materials” and “Linked Services”). Such Linked Materials and Linked Services are not under our control and we are not responsible for the content of any Linked Materials or the provision of any Linked Services. The links to or reliance on materials and services on other websites are provided for convenience purposes only and we do not purport to sponsor, approve or endorse any of the Linked Materials or Linked Services.  The third party provider of the Linked Materials or Linked Services (“Third Party Service Provider”) is solely responsible for them.  Your use of the Linked Services and Linked Materials is subject to and must be in accordance with the applicable Third Party Service Provider’s terms and conditions of use and privacy policies applicable to such Linked Services and Linked Materials. We do not verify whether any Third Party Service Provider may legitimately offer the Linked Services or Linked Materials nor do we investigate the actual provision of the Linked Services or Linked Materials.  Your only recourse with respect to the Linked Services and the Linked Materials is to the Third Party Service Provider of those Linked Services or Linked Materials.

10.2 Other Services: Third parties may develop applications and software that integrate with the Services or complement your use of the Services (“Other Services”). These Other Services are not part of the Services and may be governed by their own terms and privacy policies. By using Other Services, you acknowledge and agree that: (a) we are not responsible for your use of these Other Services; (b) we do not provide any warranties or support for Other Services; and (c) we are not liable for any damage or loss caused or alleged to be caused by or related to your access or use of any such Other Services, or your reliance on the privacy practices, data security processes or other policies of such Other Services. 

11. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR PERFORMANCE.

YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT WE DO NOT REPRESENT OR WARRANT THAT THE ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES AND THE INFORMATION DELIVERED OR OTHERWISE PROVIDED THROUGH OR IN RELATION TO OR GENERATED BY THE SERVICES IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA OR OTHER PROPERTY (INCLUDING MOBILE DEVICES) ON ACCOUNT OF YOUR INSTALLATION OF, ACCESS TO, USE OF, INTERACTION ON OR BROWSING ON OUR SERVICES OR YOUR DOWNLOADING OF ANY SOFTWARE (INCLUDING ANY MOBILE APPLICATIONS) OR MATERIAL, OR INABILITY TO DO ANY OF THE FOREGOING.

12. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGES UNDER OR IN CONNECTION WITH THESE TERMS, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF, OR COULD HAVE FORESEEN, SUCH LOSS OR DAMAGES IN ADVANCE, INCLUDING: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE PLATFORM, THE SERVICES OR THESE TERMS; (B) ANY LOSS OF REVENUE, INCOME, PROFIT, SAVINGS, SHARE VALUE, CUSTOMERS OR CONTRACTS, LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEMS, PROGRAMS, NETWORKS OR HARDWARE (OR THE RECOVERY OF SUCH) OR LOSS OF GOODWILL; OR (C) ANY DAMAGES FOR ANY CAUSE RELATED TO OR ARISING OUT OF LOSS OF REPUTATION. 

TO THE EXTENT THE FOREGOING EXCLUSIONS OF LIABILITY ARE NOT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT OUR LIABILITY AND THAT OF OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, FOR ANY CAUSES OF ACTION, LOSSES AND DAMAGES ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES OR THESE TERMS, WILL NOT EXCEED, IN THE AGGREGATE ONE HUNDRED CANADIAN DOLLARS ($100 CAD). 

YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND US.  IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, OUR LIABILITY IN RESPECT OF SUCH WARRANTIES OR OTHERWISE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS IN ITS ESSENTIAL PURPOSE.

13. INDEMNIFICATION

You will release, indemnify, defend and hold us and our affiliates, and our respective employees, officers, directors and agents harmless from and against any claims, actions, liabilities, damages, losses, costs, fees and expenses (including reasonable legal and other professional fees and expenses), arising from or related to: (a) your breach of these Terms; (b) your use of the Services; (c) your Content; (d) your breach of any applicable laws or third party rights such as intellectual property or privacy rights; or (e) your interactions with any other users of the Services, any Transaction or Transaction Agreement, any relationship or other dealings between you and a user in respect of motorcycles listed through or otherwise set out in the Services, the Linked Materials, the Linked Services, the Other Services or matters which you have expressly agreed to be responsible for under these Terms.

14. Export Regulation

The Services (including materials, content, features and functionality) may be subject to Canadian export control laws. You will not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law (including regulation and court order). You will comply with all applicable federal law (including regulations and court orders) and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, releasing, or otherwise making the Services available outside Canada.  The foregoing will not limit the applicability of Section 2.7.

15. General

15.1 Independent Contractors. Each party to these Terms is and will at all times remain an independent contractor to the other party.  At no time will either party be deemed to be the agent or employee of the other party, and no joint venture, partnership, agency or other similar relationship will be created or implied by virtue of these Terms.

15.2 Severability: If any provision in these Terms is at any time unenforceable or invalid for any reason it will be severable from the remainder of these Terms, and, in its application at that time, these Terms will be construed as though such provision was not contained herein and the remainder will continue in full force and effect and be construed as if these Terms had been executed without the invalid or unenforceable provision.

15.3 Notices: All notices to be provided by us to you under these Terms may be delivered in writing via: (a) email; (b) mail (registered or certified, postage prepaid with receipt requested); (c) courier; or (d) personally. All notices will be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, 2 business days after being deposited in the mail or dispatched by courier.

15.4 Section Headings:  The section and subsection headings in these Terms are solely for convenience and will not be considered in its interpretation.

15.5 Force Majeure:  In no event will we be responsible or liable to you for any delay or failure to perform resulting from acts or causes outside of our reasonable control, including acts of God; flood, fire, earthquake, tsunami, or explosion; epidemics, pandemics or public health emergencies; war, terrorism, invasion, riot, or other civil unrest; actions, embargoes, or blockades in effect on or after these Terms became effective; national or regional emergency; strikes, labour stoppages or slowdowns, or other industrial disturbances; passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown; or national or regional shortage of adequate power or telecommunications or transportation facilities.

15.6 Waiver:  No waiver by any party of any of the provisions hereof is effective unless explicitly set out in writing and signed by the party so waiving. No such waiver will operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different nature, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

15.7 Entire Agreement: These Terms, together with our Privacy Policy and any other documents incorporated by reference into these Terms, constitute the entire agreement, and supersede any and all prior agreements, between you and us with regard to the subject matter of these Terms. These Terms will prevail over the terms or conditions in any documentation you or any other person provides to us (all such terms or conditions being null and void). Except as expressly stated in these Terms, there are no other agreements, representations, warranties, or commitments which may be relied upon by either party with respect to the subject matter of these Terms. 

15.8 Updates and Revisions to Terms: We may amend these Terms from time to time, in which case the updated Terms will supersede prior versions. If we make a change to these Terms, the updated Terms will be posted on our websites or otherwise made available through the Services.  Please check the Terms posted on our websites from time to time to take notice of any changes we made, as they will be binding on you.  Your continued access and use of the Services following the effective date of any such updated Terms may be relied upon by us as your acceptance of any such amendment.

15.9 Governing Law: These Terms, your use of the Services and all disputes arising from or relating to these Terms or the Services will be governed exclusively by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta without regard to conflict of laws principles. You further agree that, despite being available from a variety of jurisdictions, the Services will be deemed solely based in the Province of Alberta, Canada; and that the Services will be deemed to be passive in nature and not giving rise to personal jurisdiction over us in jurisdictions other than the Province of Alberta. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta sitting in Calgary for any actions or proceedings arising out of or relating to the Services or the enforcement of these Terms.  However, you agree that nothing in these Terms precludes our application for injunctive remedies or other urgent legal relief in any jurisdiction.

15.10 Assignability: You may not assign these Terms without our prior written consent.  Any attempt by you to assign these Terms not made in accordance with this clause will be void and without effect.

15.11 Successors and Assigns: These Terms will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors, legal representatives and permitted assigns.