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Your use of
starauctions.ca is governed by these terms of use. By accessing and using
starauctions.ca, you agree that your access to and use of shopalot.ca is
subject to these terms and conditions.
Starauctions.ca is owned and operated by Toronto Star Newspapers Limited
("Starauctions.ca"). These terms of use apply to both the online auctions
and the fixed price sales listings available on this website. They do
not apply, however, to Toronto Star event auctions, which we run from
time to time on this website and which are governed by their own terms
of use, available in the Starauctions.ca homepage footer under the name of
the applicable event auction. Please review our FAQs
for an explanation of our auction and fixed price sales listing
processes and to review answers to common questions about our website.
These terms of use may be amended from time to time. Please check them
periodically for changes as your continued use of this site following
the posting of changes to these terms of use will mean that you accept
those changes.
1. Starauctions.ca a Venue Starauctions.ca
offers a venue for vendors to offer items for sale by either online
auction or fixed price formats and for buyers to purchase these items.
The item(s) offered through the auction or fixed price sales listing
are provided on the basis of the representations made by the vendor.
Starauctions.ca makes no representations or warranties and there are no
conditions of any kind, express or implied, statutory or otherwise,
with respect to the goods and services offered through the auction or
fixed prices sales process, or with respect to any transactions
conducted through the auction or fixed price sales process, including
without limitation implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, any implied warranty
arising from a course of dealing or usage of trade and any obligation,
liability, right, claim or remedy in tort or breach of contract
including negligence. Since we are a venue, we do not assume any
liability or responsibility for any disputes between vendors and
buyers. We also cannot guarantee that a vendor or buyer will consummate
any sale and vendors and buyers both agree that this is a risk that
they assume. You agree to release Starauctions.ca and its parent,
subsidiaries, related and associated companies and their officers,
directors, agents and employees from claims, demands and damages of
every kind and nature arising out of or in any way connected with such
disputes.
2. Member Account, Password and Security:
Upon registration, a user will receive a user ID and a password. You
must be 18 years of age or older to register. Please do not use this
site if you are under the age of 18. Each member is entirely
responsible for maintaining the confidentiality of his or her user ID
and password. Furthermore, members are entirely responsible for any and
all activities which occur under his or her user ID and password. A
member must immediately notify Starauctions.ca of any unauthorized use of
his or her user ID and password.
3. Bidding and Buying: If you are
the highest bidder in one of the online auctions or a buyer of one of
the items available in our fixed price listings, you are obligated to
complete the transaction with the vendor and to pay the cost of the
item, together with all applicable taxes, shipping fees and any other
fees associated with shipping and receiving of the item. You should
also know that bidding on an item is an irrevocable offer to buy the
item at the price bid and your confirmed bid can only be retracted if
you have submitted your formal bid retraction request to our customer
service not less than 24 hours before the action closes and only under
one or more of the following circumstances:
- You made a typographical error when
placing a bid amount.
- New item information added by the vendor
during the auction changed your understanding of the item for which
your bid was placed.
- You cannot reach the vendor via e-mail,
or your question to the vendor is returned as undeliverable, or the
vendor responds with a request to sell to you directly off-line.
Please see our FAQs for an explanation of how to retract a confirmed
bid.
You cannot retract a bid if:
- You have placed bids on a similar item.
- You have placed a bid on a Dutch Auction
(please see FAQs for an explanation of a Dutch Auction)
- You have changed your mind.
- You state that you cannot pay for the
item.
- You submit a bid retraction less than 24
hours before auction close.
Please note that a valid VISA, MasterCard or American Express credit
card is required to purchase any item offered for sale on this site,
both via the online auction and the fixed price format. Your credit
card will be billed if you are the highest bidder at auction close or
if you are the purchaser of a fixed price item. All successful bidders
will receive a confirmation email from the appropriate vendor that
outlines the transaction process. By providing your valid credit card
information, you authorize Starauctions.ca to make a temporary $5.00 charge
to your credit card account, to verify that the credit card information
you provide is valid. This charge will be refunded to your account
within 30 days upon verification. This credit verification will occur
each time you provide a different credit card. If a credit card is
declined for any reason, Starauctions.ca, or the appropriate vendor, will
attempt to contact the buyer via phone and/or email.
4. Bid Extend: The auto bid extend
feature on this site works to ensure that bidders will always have a
chance to challenge bids placed when an auction is about to close. When
indicated on a listing page, if a bid is placed during the last 5
minutes of an auction, the auction will be automatically extended for
an additional 5 minutes from the time of the latest bid. The auction
will close once all bidding activity has stopped for a period of 5
minutes.
5. Shipping Charges and Terms: The
vendors set the shipping charges and terms of shipping and are
responsible for shipping the purchased item. Buyers are responsible for
any all shipping costs, tariffs, duties, customs or any other fees
associated with the shipping and receiving of the item. Starauctions.ca
bears no responsibility for late, lost, misdirected or undelivered
items or items which are damaged before, during or after shipping.
6. Accuracy of Vendors' Descriptions:
Starauctions.ca is not responsible for the accuracy of the descriptions of
the items or the services presented by vendors. Nor does Starauctions.ca
accept responsibility for, and expressly denies liability of, any
warranty or description stated therein. Statements by vendors are not
be construed as co-joined by Starauctions.ca in any implicit or explicit
approval, sponsorship, endorsement or guarantee. The vendors expressly
assume all risk and liability arising from the offer for sale, the
actual sale and the delivery.
7. Member Conduct: Member's right
to use the starauctions.ca site is personal to member. Member's use of the
site is subject to all applicable laws and regulations. Member agrees:
(1) not to use the site for illegal purposes; (2) not to interfere or
disrupt networks connected to the site; (3) to abide by all rules,
guidelines, and terms and conditions as listed; and (4) not to transmit
through the site any unlawful, harassing, libelous, threatening,
harmful, vulgar, obscene or otherwise objectionable material or
communication of any kind or nature.
8. Termination or Suspension of Membership:
Starauctions.ca reserves the right to issue warnings, temporary or
indefinite suspensions or terminations of membership to the Starauctions.ca
site to any user who violates any of the provisions set out in the
rules, guidelines, and terms and conditions as listed or for any other
reason at our sole discretion. If a member objects to any of these
terms and conditions, or any subsequent modifications thereto, or is
dissatisfied with the site in any way, such member's only recourse is
to immediately discontinue use of the site and to terminate his or her
membership. The following are examples of unacceptable member conduct
which may result in termination or suspension of membership in
Starauctions.ca's sole discretion:
Violations:
- Invalid or fraudulent registration
information
- Any abuse of Starauctions.ca
feedback/ratings, discussion board and live chat forums
- Fraudulent selling or bidding activity
- Deadbeat selling and bidding activity
- Multiple accounts
- Participation by minors
- Abuse of our Privacy Policy
- Repeated bid retraction requests
- Bid shilling
- Colluding with others
- Failing to pay after winning an auction
or purchasing a fixed price item
9. Termination of Auctions and Fixed Price
Sales Listings: Starauctions.ca reserves the right to terminate
at any time and without notice any auctions or fixed price sales in the
event Starauctions.ca, in its sole discretion, deems them: (1) to be
overtly inflammatory, controversial, or offensive to our members; (2)
to be multiple, identical listings within a category or cross-posted in
more than one additional category; (3) to contain advertisements that
wholly or mainly are intended to divert buyers away from the
Starauctions.ca site; (4) to display evidence of fraudulent or illegal
listing information or bidding activity; or (5) violate any of the
rules, guidelines, and terms and conditions of this site.
10. Modifications to Site:
Starauctions.ca reserves the right to modify or discontinue the site with
or without notice to its members. Starauctions.ca shall not be liable to
any member, vendor or buyer, in tort or in contract, should Starauctions.ca
exercise its right to modify or discontinue the site.
11. Disclaimer of Warranties: YOU
EXPRESSLY AGREE THAT USE OF STARAUCTIONS.CA IS AT YOUR SOLE RISK. THE SITE
IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS. STARAUCTIONS.CA
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
STARAUCTIONS.CA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE. STARAUCTIONS.CA MAKES NOT WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. STARAUCTIONS.CA MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THIS SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. USERS ARE
RESPONSIBLE FOR MAKING ARRANGEMENTS FOR PAYMENT AND SHIPPING OF ITEMS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM STARAUCTIONS.CA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
12. Limitation of Liability:
NEITHER STARAUCTIONS.CA NOR TRUITION INC., THE COMPANY WHICH DESIGNED THE
SITE BASED ON TRUITION INC.'S PROPRIETARY SOFTWARE AND TECHNOLOGY,
SHALL IN ANY WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THE SITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
THIS SITE OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INLCUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF STARAUCTIONS.CA OR TRUITION INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
13. Release and Indemnification:
You hereby waive, release, forgive, discharge and relinquishs any and
all claims that you may have against Starauctions.ca, Truition Inc., their
affiliates, subsidiaries, parents, shareholders, directors, officers,
employees, agents and representatives which are connected with, relate
to or are incidental to any Starauctions.ca transaction. You agree to
indemnify and hold Starauctions.ca, Truition Inc., their affiliates,
subsidiaries, parents, shareholders, directors, officers, employees,
agents and representatives harmless from and against any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of these terms of use or your
violation of any law or the rights of a third party.
14. General: These terms of use
shall be governed by and construed in accordance with the laws of the
province of Ontario and the federal laws of Canada applicable therein.
If any provision of these terms of use is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
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