Marketplace Terms And Conditions
Vitality Marketplace is intended for the resale and repurpose of usedcapital equipment for clinics. It is prohibited to list new items for sale or promotion. This is not a distributor channel for sale of merchandise.
All Parties Advertising to Vitality MarketPlace agree not to carry out the following activities
Advertise an item for sale that is not located in Canada.
Advertise an item for sale that is illegal to own, buy or sell in your area of residence.
Advertise an item that is not clinic related.
Advertise by a non healthcare individual or clinic team member
Advertise an ad that directs traffic to another web site.
Advertise a multi-level marketing or other prohibited job.
Advertise an ad containing a list of keywords not directly related to the item being sold.
Advertise an ad in languages other than English or French
Advertise an ad that contains nudity
Advertise an ad that defames anyone or contains "hate speech".
Advertise opinions, notices, and discussion topics
Advertise an ad in an incorrect or misleading category or with misleading information.
Advertise as a healthcare professional when you are a Business, Dealer or Reseller
- Any ads that do not comply with the Vitality Marketplace policies will be removed from the site. Additionally, users who violate such policies may be blocked from using Vitality Marketplace in the future.
- We may, at any time, remove a post if we believe it interferes with the well-being of the community or the spirit of the Vitality Marketplace .
Our general rule is that you may not list, buy or sell items or services that are illegal to own, buy or sell in your province of residence, or that are not bought or sold in compliance with applicable laws and regulations. You are responsible for ensuring compliance with all applicable regulations and laws relating to the item you list, buy or sell as well as the paying of any taxes if applicable.
Vitality Marketplace is provided to you by Vitality Depot, 1 - 40 Viceroy Road, Vaughan, Ontario, L4K 2L8.
Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.
If you believe your Account may have been compromised or misused, contact us immediately at Vitality Customer Support.
Using Vitality Marketplace Services. You will post in the appropriate category or area and will not do any of the following things:
violate any laws or our Prohibited Content Policy;
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Vitality Marketplace or the interests or property of Vitality Marketplace users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the Vitality Marketplace;
copy, modify, or distribute any other person's content;
use any robot, spider, scraper or other automated means to access the Vitality Marketplace and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
bypass measures used to prevent or restrict access to the Vitality Marketplace.
Abusing Vitality Marketplace Services. Feel free to bring to our notice, any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off of Vitality Marketplace at our sole discretion. However, whether we decide to take any of these steps, remove hosted content or keep a user off of Vitality Marketplace or not, we do not accept any liability for monitoring Vitality Marketplace or for unauthorized or unlawful content on Vitality Marketplace or use of Vitality Marketplace by users.
Fees and Services. Using Vitality Marketplace Services is generally free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may send your account to collections for remittance.
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for Vitality Marketplace to comply with its obligations under applicable law. To the extent that such information is not provided, Vitality Marketplace will in its discretion determine and collect appropriate taxes.
You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on Vitality Marketplace Services.
Content. Vitality Marketplace Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Vitality Marketplace Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, Canada-wide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to Vitality Marketplace that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings. If you have a good faith belief that a listing on any of the Vitality Marketplace Services infringes your copyright, trademark, or other intellectual property rights, please contact Customer Support. We reserve the right to share, in accordance with applicable law, the IP information with the third party that originally posted the potentially infringing listing.
Disclaimers and Limitations of Liability. The Vitality Marketplace Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You are completely responsible for arranging the payment and transfer of funds for transactions coordinated through Vitality Marketplace. As all of the stuff on the Vitality Marketplace Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Vitality Marketplace, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Indemnification. You will indemnify and hold harmless Vitality Marketplace and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim, losses, damages and costs (including attorney's fees) or other expenses resulting from any violations of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Vitality Marketplace Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Limitations of Liability. The information available on Vitality Marketplace Services is provided on an “AS IS” basis by the Parties who post on this board. Advice, statements or opinions should not be relied upon when making important personal, legal or financial decisions; nor do we accept any liability connected with the use of the information contained or posted. You should consult a professional to obtain specific advice appropriate to your circumstances. By using this site, you accept ALL terms of Parties and understand that your use of this site is at your sole risk. This policy and any disputes or claims related in any way to your use of this site shall be governed by, and construed and enforced in accordance with, the laws of the Province of Ontario as well as Canadian Federal Law.
Typographical Errors. The Parties assumes responsibility for any prices listed on the site that was mistakenly listed at an incorrect price or description, for any reason, due to price changes that may occur irrespective of the time duration. Vitality Marketplace Services shall not be liable for any technical inaccuracies, typographical errors or graphical distortions of the products listed and technical and regulatory documents posted.
Participation Disclaimer. Vitality Marketplace Services may not and cannot review all the communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site Vitality Marketplace Services, is merely acting as a passive conduit for such posting and is not undertaking any obligation or liability relating to any contents or activities on the site. Vitality Marketplace Services, reserves the right to block or remove communications or materials that it determines to be:
Abusive, defamatory or obscene
Fraudulent, deceptive or misleading
In violation of a copyright, trademark or other intellectual property right of another
Offensive or otherwise unacceptable to Vitality Marketplace Services, in its sole discretion
Termination. The terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shipping process. The terms and conditions, or any part of them, may be terminated by Vitality Marketplace Service without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Governing Law & Litigation. Terms and conditions and your use of this site shall be governed in all respects by the laws of Canada and the Province of Ontario, Canada without regard to its conflicts of law principles, and not by the 1980 U.N. Convention on agreements for the International Sale of Goods. You agree that jurisdiction over and venue in, any legal action or proceeding directly or indirectly arising out of or relating to this site shall be brought solely in the Federal or Provincial courts of competent jurisdiction sitting in Ontario, Canada and; you expressly submit to the jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parited and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Vitality Marketplace Services is in conflict of inconsistent with this agreement, this agreement shall take precedence. Failure of Vitality Marketplace Services to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. Vitality Marketplace Services failure to insist upon or enforce strict performance of any provision of these terms and condition shall not be construed as a waiver of any provision or right. Neither the course fo conduct between the parties nor trade practice shall act to modify ano or there terms and conditions. Vitality Marketplace Services may assign its rights and duties under this Agreement to any party at any time without notice to you.
Personal Information. By using the Vitality Marketplace Services, you agree to the collection, transfer, storage and use of your personal information by Vitality Marketplace (the "data controller"), stored on Amazon AWS, servers located in Virginia, US.
General. These terms and the other policies posted on Vitality Marketplace constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
1 - 40 Viceroy Road
Re: Vitality Marketplace User Inquiries
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five (5) days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to email@example.com
Last Modified: October 2nd, 2018