Advertall Terms and Conditions

Effective Date: 05-July-2024

Welcome to Advertall

Advertall is a classified ads website designed to connect Canadian businesses, individuals, and job seekers. By using our platform, you agree to be bound by these Terms and Conditions (“Terms”). Please read these Terms carefully before using Advertall. We recommend you print a copy for your reference.

  1. Eligibility

Advertall is available to users who are 18 years of age or older and can form legally binding contracts under applicable law. By accessing or using Advertall, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not use our platform.

Age Requirement:
The minimum age requirement ensures that users have the legal capacity to enter into binding agreements. This protects both Advertall and its users by ensuring that contracts and commitments made on the platform are legally enforceable. (Canada’s Contract Law under provincial statutes, Ontario’s Minors’ Law Reform Act)

Legal Capacity:

Users must be able to form legally binding contracts, which typically means being of sound mind and not being disqualified from contracting by any law. This provision helps ensure that all interactions and transactions on Advertall are legally valid. (Common Law principles and provincial statutes such as Ontario’s Capacity and Consent laws)

  1. User Accounts

Account Creation:
You may create an account on Advertall to advertise jobs, post an Ad, submit listings, respond to ads, and manage your activity. Creating an account involves providing certain personal information, including a valid email address and a password with your contact number.

Providing Accurate Information:

You are required to provide truthful and accurate information when creating your account. This includes providing a valid email address and other requested details. Providing false information can lead to account suspension or termination. (PIPEDA – Personal Information Protection and Electronic Documents Act, Section 4.1.4)

Account Security:
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You must take appropriate steps to protect your password and other account information from unauthorized access.

Account Responsibilities:
You are fully responsible for all activities that occur under your account. This includes any actions taken by individuals who have accessed your account with or without your permission. (PIPEDA, Section 4.7.1 – Security Safeguards)

Keeping Information Updated:

You agree to keep your account information up to date. This ensures that we can contact you if necessary and that your listings are accurate. (PIPEDA, Section 4.6 – Accuracy)

Reporting Security Breaches:
You must notify Advertall immediately of any unauthorized use of your account or any other security breach. Prompt notification allows us to take action to protect your account and the security of our platform. (PIPEDA, Section 4.7.3 – Security Safeguards)

  1. User-Generated Content

Advertall allows users to submit Ads, Advertise Jobs, comments, and other content (“User Content”). This content is a vital part of our platform, enabling users to share information, make transactions, and engage with each other.

Ownership of Content:

You retain all ownership rights to your User Content. This means that you own the rights to the content you create and post on Advertall. However, by submitting User Content to Advertall, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and translate your User Content for the purpose of operating and improving Advertall. (Copyright Act, Section 13 – Ownership and Moral Rights)

Responsibilities and Warranties:

You are solely responsible for your User Content. You warrant that your User Content does not violate any third-party rights, including intellectual property rights or privacy rights. This includes ensuring that you have the right to post the content and that it does not infringe on the rights of others. (Copyright Act, Sections 27 and 28 – Infringement of Copyright)

(PIPEDA, Section 7 – Consent)

Prohibited Content:
You agree not to submit Ads or Advertise Jobs that is;

  • Illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically offensive. (Criminal Code of Canada, Sections 318-320 – Hate Propaganda, Section 264 – Criminal Harassment)
  • Sexually suggestive or exploits, abuses, or endangers children. (Criminal Code of Canada, Sections 163.1 – Child Pornography, Section 172.1 – Luring a Child)
  • False or misleading. (Competition Act, Sections 52-53 – False or Misleading Representations)
  • Infringes on the intellectual property rights of any third party. (Copyright Act, Section 27 – Infringement of Copyright)
  • Spams or promotes commercial activities without our prior written consent. (CASL – Canada’s Anti-Spam Legislation, Sections 6-8 – Prohibition of Sending Unsolicited CEMs)
  • Contains viruses or other malicious code. (Criminal Code of Canada, Section 342.1 – Unauthorized Use of Computer)
  • Impersonates any person or entity. (Criminal Code of Canada, Section 403 – Identity Fraud)
  • Violates any applicable law or regulation. (Criminal Code of Canada, various sections depending on the nature of the violation)

Monitoring and Removal of Content:

Advertall reserves the right, but does not have the obligation, to monitor User Content and remove any content that, in our sole discretion, violates these Terms or is otherwise objectionable. This helps maintain the integrity and safety of our platform. (PIPEDA, Section 5 – Accountability)

  1. Prohibited Activities

In addition to the restrictions on User Content, you agree not to engage in the following prohibited activities:

Illegal or Unauthorized Use:

Using Advertall for any illegal or unauthorized purpose is strictly prohibited. This includes using our platform to engage in activities that are illegal under applicable law or that violate the rights of others. (Criminal Code of Canada, various sections depending on the illegal activity)

Security Interference:
Disrupting or interfering with the security of Advertall, or any servers or networks connected to Advertall, is prohibited. This includes actions that could harm the operation of our platform or the data of our users. (Criminal Code of Canada, Section 342.1 – Unauthorized Use of Computer)

Data Collection:

Collecting or storing personal data about other users without their consent is not allowed. This protects the privacy and security of our users. (PIPEDA, Sections 4.3 – Consent and 4.3.1 – Knowledge and Consent)

Unsolicited Commercial Emails:
Using Advertall to transmit unsolicited commercial emails, also known as spam, is prohibited. This includes sending unwanted advertisements or promotional materials to other users. (CASL, Sections 6-8 – Prohibition of Sending Unsolicited CEMs)

Fraudulent Activities:

Defrauding any user or attempting to do so is strictly prohibited. This includes any deceptive practices aimed at obtaining money, property, or other benefits from other users. (Criminal Code of Canada, Section 380 – Fraud)

Compliance with Laws:

You agree to comply with all applicable laws and regulations when using Advertall. This includes local, national, and international laws that may apply to your activities on our platform.

(Criminal Code of Canada, various sections depending on the illegal activity)

(Provincial consumer protection laws,  Ontario Consumer Protection Act)

  1. Disclaimer of Warranties

ADVERTALL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ADVERTALL WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ADVERTALL WILL BE ACCURATE OR RELIABLE.

(PIPEDA, Section 5 – Accountability, CASL, Section 6 – General Requirements for Commercial Electronic Messages)

No Guarantees:

We do not guarantee the accuracy, completeness, or usefulness of any information on Advertall. Any reliance you place on such information is strictly at your own risk.

(PIPEDA, Section 4.6 – Accuracy)

Service Availability:

While we strive to provide reliable service, we do not guarantee that Advertall will always be available or that access will be uninterrupted. There may be times when our platform is unavailable due to maintenance, technical issues, or other reasons.

(PIPEDA, Section 4.7- Safeguards)

  1. Limitation of Liability

YOU AGREE THAT ADVERTALL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

(PIPEDA, Section 5 – Accountability, CASL, Section 10 – Limitation of Liability)

  1. Indemnification

You agree to indemnify, defend, and hold harmless Advertall, our officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in connection with your use of Advertall or your violation of these Terms. (Section 18(1) of the Ontario Sale of Goods Act, R.S.O. 1990, c. S.1)

Scope of Indemnity:

This indemnity covers any claims related to your use of our platform, including but not limited to:

  • Your breach of these Terms.
  • Your violation of any law or the rights of a third party.
  • Any content you submit to Advertall.
  1. Termination

We may terminate your access to Advertall at any time, for any reason, without notice. This includes terminating your account and removing your User Content from our platform.

(Section 13 of the Ontario Electronic Commerce Act, 2000, S.O. 2000, c. 17)

Reasons for Termination:

Termination can occur for various reasons, including but not limited to:

  • Violations of these Terms.
  • Conduct that we believe is harmful to other users or Advertall.
  • Legal requirements or compliance with law enforcement.

Effect of Termination:

Upon termination, your right to use Advertall will immediately cease. You must discontinue all use of our platform and destroy any materials obtained from Advertall. (Section 13 of the Ontario Electronic Commerce Act, 2000, S.O. 2000, c. 17)

  1. Changes to Terms

Advertall reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our platform. Your continued use of Advertall following the posting of changes constitutes your acceptance of such changes. (Section 11 of the Ontario Electronic Commerce Act, 2000, S.O. 2000, c. 17)

Notification of Changes:

We will make reasonable efforts to notify users of significant changes to these Terms. However, it is your responsibility to review the Terms regularly to stay informed of any updates. (Section 11 of the Ontario Electronic Commerce Act, 2000, S.O. 2000, c. 17)

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Ontario, Canada. (Section 45 of the Courts of Justice Act, R.S.O. 1990, c. C.43)

Jurisdiction:

You agree to submit to the personal jurisdiction of the courts located in Ontario, Canada for the purpose of litigating all such claims or disputes. (Section 45 of the Courts of Justice Act, R.S.O. 1990, c. C.43)

  1. Miscellaneous

Entire Agreement:

These Terms constitute the entire agreement between you and Advertall regarding the use of our platform. They supersede any prior agreements or understandings, whether written or oral. (Section 4 of the Ontario Sale of Goods Act, R.S.O. 1990, c. S.1)

Severability:

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. (Section 34 of the Ontario Sale of Goods Act, R.S.O. 1990, c. S.1)

Waiver:

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Advertall’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. (Section 39 of the Ontario Sale of Goods Act, R.S.O. 1990, c. S.1)