This Agreement is effective July 09, 2022.
Welcome to iBorrow.ca
This Agreement is designed to ensure a positive, family-friendly, informative and safe experience for all our users.
Throughout this Agreement, “we” “us” or “our” refers to R.G.E Bishop DBA iBorrow, or assigns.
Before accessing or using any of the iBorrow.ca services, tools, or applications (collectively, our “Services”), you must read and accept the terms of this Agreement.
If you are the legal age of majority in your home jurisdiction, we offer to grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access and use our Services in compliance with this Agreement.
Without limiting the application of this Agreement and the included Policies, as a condition of accessing or using our Services you agree that you will not:
Our Privacy Policy explains how we handle your personal information and protect your privacy. As a condition of using our Services, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.
Using our Services is generally free of charge. We may charge a fee for certain services, and when we do, you will have the opportunity to review and accept that charge. Any fees are non-refundable and payable when due.
By using our Services to post content, you automatically grant and assign to us, and you represent and warrant that you have the right, power and authority to grant and assign to us, a non-exclusive, unlimited, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable licence to exercise any and all copyright, trademark, publicity, and database rights you have in such content, in any media known now or in the future, and you waive any and all moral rights in such posted content.
You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use, or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
Some of our Services are supported by advertising revenue and we may permit third parties to display advertisements and promotions to you when you use our Services. In addition, our Services may utilize or contain links to other third party sites, including social networking sites.
We have no control over, and assume no responsibility for, such third party advertisers or third party sites or the content, privacy policies, or practices of such advertisers or sites. You are subject to the policies of such third parties when and where applicable.
By using our Services, you agree that we may place advertising in our Services and that you will not hold us responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers, your subsequent dealings with advertisers, or your use of any third party site accessed through our Service.
We try to keep our Services safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OUR SERVICES, WHICH INCLUDES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOLLOWING:
REGARDLESS OF THE ABOVE, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100
YOU WILL INDEMNIFY AND HOLD US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LAWYERS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OUR SERVICES, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (WHETHER DIRECT, ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.
You agree that you will not use any robot, spider, scraper, crawler, or any other automated means to access our Services for any purpose without our express written permission.
Additionally, you agree that you will not:
However, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this limited exception to access our Services without a separate written agreement with us) at any time and in our sole discretion, upon written notice, including, without limitation, by email notice
Exception for RSS Feeds
As a limited exception to paragraph (b) above, you may download information from one of our RSS Feeds provided that either:
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
In addition to all other rights and remedies available to us under this Agreement or by law, we may, in our sole discretion, terminate or suspend your access to and use of the Services (or any part thereof) without cause and without notice.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
You agree to send all legal notices to us by registered mail to the following address:
iBorrow.caYou consent to us sending you legal notices to the email address you provide to us. Legal notices by email will be deemed received 24 hours after sending. We may also send you legal notices by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
Severability
If any provision of this Agreement is found invalid or unenforceable, such provision shall be severed from this Agreement without invalidating the remainder of the Agreement, and the Agreement shall be interpreted so as to give effect, to the extent possible, to the original intent of the Agreement including the offending provision.
Assignability
This Agreement is personal to you and your rights and obligations under this Agreement may not be assigned, sub-licensed or otherwise transferred. We may assign this Agreement to a third party.
No third party beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Terms.
Governing law
This Agreement shall be governed and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein.
The parties irrevocably attorn to the jurisdiction of the courts of British Columbia, which shall have the exclusive jurisdiction to settle any dispute arising in connection with this Agreement.
Notwithstanding the above, for our exclusive benefit, we retain the right to bring proceedings in connection with this Agreement in the courts of the country of your residence or, if applicable, your principal place of business.
Non-Waiver
Our delay or omission in requiring performance of your obligations under this Agreement shall not operate as a waiver of any of our rights under this Agreement.
Amendments
We may amend this Agreement or the included Policies from time to time. When we do so, we will put a notice on our websites. All amendments shall become effective within 90 days of such notice.
Quebec Residents
The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.
Entire Agreement
This Agreement, including the incorporated Policies, sets forth the entire understanding and agreement between you and us with respect to the subject matter of this Agreement.
Survivability
Sections 6 (Privacy), 7 (Service and Fees), 8 (Content), 9 (Advertising, Third Party Content and links to other Web Sites), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnity), 13 (Release), 15 (Modification or Termination of Service), 17 (Notice), and 18 (General) shall survive any termination of this Agreement.
We allow one ad per item or service per city site which is active for 90 days.
Posting by minors under the age of 16 is not allowed. Minors must have their guardian post content on their behalf and the guardian must act as the primary contact.
We reserve the right to remove any ads that we feel are not relevant or of any value to our users, with or without notice.
We reserve the right to remove ads without refund if we feel that our policies or Terms of Use are regularly or deliberately breached.
We reserve the right to restrict the use of Used.ca from those who regularly break our Posting Policy.
You are responsible for marking your ad as “sold” immediately upon the sale of the item advertised. Instructions on how to mark your ad as sold are found here on the Help page.
Further, you agree to NOT:
In addition to these general rules, below are some specific categories and types of advertiser rules that you need to be aware of. These will help you understand what rules apply to your ad.
Businesses are limited to one ad per city site when advertising their services. These ads must be listed in the “Services” category. You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture, or description of your ad.
You are welcome to post ads for individual items. The title, price, description, and photos (if applicable) must match. Commercial sellers may be limited to 25 ads per day and must select the commercial seller indicator when placing an ad. You are welcome to include a link to your website in the “Website Link” field when placing your ad. Please do not put your website address in the title, picture, or description of your ad.
In order for your ad to be placed in this category, you must check the “free” indicator when placing the ad. This category is reserved for those who genuinely want to give their item away for free. Items wanted for free should be placed in the applicable category of the item with the “wanted” indicator checked. The free category is for items only. Please do not post any free services in this category; free services must be posted in the “Services” category. We will remove any ads in this category with a price associated with it.
This category is reserved for those wishing to hire or for those looking for a position. Ads for business services are to be posted in the “Service” category. Those who are seeking a job must check the “wanted” box. The following types of jobs are prohibited from our site:
If you are a recruitment agency, please identify yourself as such.
We do not permit vague ads for models or acting jobs. Registered modeling or acting business are free to post but must include company details.
Requests for models by artists and photographers are not permitted. We suggest contacting local art colleges and academies.
We do not allow vague ads for business opportunities. Your ad needs to include the name of the company, a description of what the company does, and the details concerning the product or service you are offering. These types of ads need to be posted in the “Services > Business Opportunities & MLMs” category.
You are welcome to include a link to your website in the “Website Link” field when placing your ad if the website provides additional information on the product or service you are offering. However, the link you provide cannot simply be a website that directs our users to a page where they must provide their contact details in an effort to receive additional information. Please do not put your website address in the title, picture or description of your ad.
As of July 15, 2015, the sale of pets on Used.ca is prohibited. Small rehoming or adoption fees are encouraged, but ads from breeders or those suspected of profiting from the sale of pets are not allowed.
There are many reputable breeders who operate in a responsible and humane way. However, Used.ca is unable to distinguish between responsible breeders and those profiting from the sale of pets with little regard for animal welfare, including overpopulation.
Please adhere to these rules when posting a pet ad:
All ads posted or edited in our Pet category will be viewed by a live moderator within 48 hours. Please do not repost your ad during this time. This allows us the opportunity to ensure only ads that meet our Pet Posting Policy are allowed. If you see a pet posting you suspect is from someone profiting from the sale of a pet, please use the “Report Ad” button.
We will, at our discretion, with or without notice, remove any ads that we believe indicate signs of animal cruelty or if we suspect sellers of profiting from the sale of pets.
Upon request, from authorized agents, such as the BC SPCA, Used.ca may release your personal contact information, photographs, and any other animal-related information on file in accordance with the Personal Information Protection and Electronic Documents Act.
It is against the Canadian Human Rights Act to refuse to rent to someone because of their source of income (if they are on welfare or unemployment insurance), race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offense for which a pardon has been granted or in respect of which a record suspension has been ordered.
We ask that property owners and managers posting ads for rentals do not contravene any of the above in the description of their ad.
We reserve the right to edit or delete content on this site for any reason whatsoever including, but not limited to, content deemed obscene, illegal, immoral, sexually explicit or anything deemed not family-friendly, as well as political content or content promoting competing websites. Additionally, the sale of items restricted by local, provincial, or national laws or deemed unsafe is not permitted.
For legal, safety, or community reasons, the following items and services are not permitted on our site:
We reserve the right to edit or delete content for any reason whatsoever including, but not limited to, “restricted” items. Used.ca defines “restricted” as anything that has rules governing the sale of the item.
As we are not able to monitor the sale of these items, any and all firearms or blades of any type are NOT permitted to be posted to our city sites.
Children’s car seats made prior to January 1, 2012, and expired car seats cannot be lent or rented on our sites.
Any car seat listed on our site is held and reviewed by our Moderation Team for up to 48 hours.
In order for a car seat ad to be displayed, it must contain the following information:
Please recycle your car seat if it is not compliant. Check for a local recycling program or facility that will accept your seat or recycle the seat yourself. This video explains how to recycle a children’s car seats:
For further information, visit Transport Canada website or call Health Canada, at 1-866-662-0666.