Section I — Agreement to Terms and Conditions of Use
1.1 Acceptance of Terms
Your access to, use of, or engagement with the GreatCanadianCollectibles.com website,
any affiliated subdomains, mobile-optimized interfaces, microsites, APIs, or digital
properties under the operational control of Great Canadian Collectibles, Inc.
(collectively, the "Platform") constitutes your full, unconditional, and legally
binding acceptance of each and every provision of this Agreement as currently posted, as
well as any and all future revisions, amendments, modifications, supplements, and
addenda thereto (collectively, "Terms"). Your continued use of the Platform following
the posting of revised Terms constitutes acceptance thereof, and you expressly waive any
right to separate or additional notice of such amendments.
1.2 Modification of Terms
Great Canadian Collectibles, Inc. ("Company," "we," "us," or "our") expressly
reserves the right, at its sole and absolute discretion and without prior notice, to
alter, supplement, modify, update, or discontinue any portion of this Agreement at any
time and for any reason. It is your sole responsibility to review this Agreement
periodically to ensure continued compliance. Your failure to review amendments does not
relieve you of your obligations hereunder.
1.3 Incorporation by Reference
This Agreement incorporates by reference the Company's Privacy Policy, Community
Guidelines, Seller Policies, API Developer Terms, and any additional policies published
on the Platform from time to time, all of which shall constitute a single binding
instrument.
Section II — Privacy Practices and Data Collection Acknowledgement
2.1 Privacy Policy
The acquisition, processing, storage, transmission, use, and disclosure of your
personal information, usage data, behavioral data, transactional data, and all other
information collected in connection with your use of the Platform is governed by the
Company's Privacy Policy ("Privacy Policy"), which is incorporated herein by reference
and forms an integral part of this Agreement. By using the Platform, you expressly
consent to the collection and processing of your information as described in the Privacy
Policy.
2.2 No Guarantee of Privacy
Notwithstanding the foregoing, you acknowledge and agree that no method of electronic
transmission or storage is wholly secure, and the Company makes no warranty, express or
implied, regarding the absolute security of any data you provide.
Section III — Account Registration, Eligibility, and User Responsibilities
3.1 Age Eligibility
Access to and use of the Platform, including all transactional and marketplace
functions, is strictly limited to natural persons who are at least eighteen (18) years
of age and possess full legal capacity to enter into a binding contract. Certain
products available through the Platform are designated for use by persons aged thirteen
(13) and older; however, such products may only be purchased by eligible adults eighteen
(18) years of age or older utilizing a permitted payment method. Individuals under the
age of majority may access the Platform solely under the direct supervision and
authorization of a parent or legal guardian, who shall assume full legal responsibility
for such access and any resulting obligations.
3.2 Accuracy of Registration Information
You represent and warrant that all information provided during account registration and
maintained thereafter is truthful, accurate, current, and complete. You further agree
to promptly update such information as necessary to maintain its accuracy. The use of
false identities, fictitious names, or misrepresentation of any kind in connection with
your account is strictly prohibited and may result in immediate account termination and
potential legal liability.
3.3 Username and Display Name Requirements
Your chosen account name, username, or seller display name (a) must not infringe upon
the intellectual property rights, privacy rights, or publicity rights of any third
party; (b) must not contain language that is offensive, vulgar, obscene, defamatory,
discriminatory, or otherwise objectionable as determined by the Company in its sole
discretion; and (c) must not create the appearance of affiliation with or endorsement
by any third party. The Company reserves the right, without liability or compensation to
you, to require modification of, or unilaterally alter or suspend, any username or
seller name deemed to be in violation of these requirements.
3.4 Account Security and Confidentiality
You are solely responsible for maintaining the strict confidentiality of your account
credentials, including your username and password. You agree to: (a) immediately notify
the Company of any unauthorized use of your account or any other security breach; (b)
ensure that you log out of your account at the end of each session; and (c) accept full
responsibility and liability for all activities, purchases, communications, and
submissions occurring under your account or through use of your credentials, whether or
not authorized by you. The Company shall not be liable for any loss or damage arising
from your failure to comply with this Section.
3.5 Prohibition on Unlawful Conduct
You expressly covenant and agree that you will not use the Platform in furtherance of,
or in connection with, any act or omission that violates any applicable local,
provincial, federal, or international law, statute, regulation, ordinance, rule,
treaty, or governmental order. Without limiting the generality of the foregoing,
prohibited conduct includes but is not limited to: fraud, theft, misappropriation,
anti-competitive conduct, price manipulation, harassment, intimidation, defamation,
privacy violations, intellectual property infringement, and money laundering. Sellers
acknowledge their independent responsibility to obtain all required business licences,
permits, and regulatory approvals.
Section IV — Products, Pricing, Availability, and Transaction Processing
4.1 Disclaimer of Accuracy
While the Company endeavours to ensure the accuracy and completeness of all product
listings, pricing information, product descriptions, inventory availability, estimated
shipping timelines, and anticipated release dates, the Company makes no warranty,
representation, or guarantee, express or implied, that such information is accurate,
complete, reliable, current, or free from error at any given time. Product information
is subject to change without notice.
4.2 Pricing
Unless expressly stated otherwise, prices displayed for individual seller listings on
the Platform reflect the listed price for the relevant product only, exclusive of
applicable taxes, shipping and handling charges, transaction processing fees, duties,
and any other ancillary charges that may be applicable to your transaction.
4.3 Great Canadian Collectibles Direct — Inventory Confirmation
For purchases through the Great Canadian Collectibles Direct service, confirmation of
product availability is not completed until the point of checkout. At checkout, the
Platform will notify you of any items unavailable for direct fulfillment and will
identify alternative fulfillment options from individual marketplace sellers. You will
be afforded an opportunity to review and modify your cart, including adjusting product
selections, quantities, and conditions, prior to final order submission.
4.4 Payment Authorization and Processing
Payment via credit card or PayPal will be processed immediately upon submission of your
order. The Company reserves the right to initiate an identity verification or
authorization challenge at its sole discretion, which may require you to: (a) confirm a
nominal refund amount posted to your payment account; or (b) provide a valid telephone
number for identity confirmation purposes. Failure to successfully complete any such
authorization challenge will result in the return of your payment within ten (10)
business days. Successful completion will result in standard order processing.
Section V — Intellectual Property Rights, Trademarks, and Licence Restrictions
5.1 Ownership of Content
All content made available through the Platform and its associated domains, including
without limitation all text, data, graphics, illustrations, photographs, audio
recordings, video content, button icons, navigational elements, downloadable materials,
pricing databases, card catalogues, and all other materials (collectively, "Content"),
are the exclusive proprietary property of Great Canadian Collectibles, Inc. and are
protected by applicable Canadian and international copyright, trademark, trade dress,
patent, and other intellectual property laws and treaties.
5.2 Trademarks and Trade Dress
The Company's name, logo, page headers, button icons, and service marks constitute
registered or common law trademarks and trade dress of Great Canadian Collectibles,
Inc. You are expressly prohibited from using, reproducing, displaying, or otherwise
exploiting any such marks in connection with any goods or services other than those of
the Company without prior express written authorization. Unauthorized use is likely to
cause consumer confusion and shall constitute trademark infringement.
5.3 Third-Party Intellectual Property
Certain trademarks, logos, and other proprietary materials belonging to third-party
intellectual property holders may appear on the Platform. The display of such materials
does not constitute a grant of any licence or right to use such intellectual property.
5.4 Prohibition on Unauthorized Data Collection
You are expressly prohibited from using any automated device, software program, robot,
spider, scraper, data mining tool, or any other automated means to access, collect,
extract, harvest, or index any information from the Platform without the prior express
written consent of the Company. Developers seeking programmatic access to Platform data
must apply for API credentials through the Company's Developer Portal and comply with
all applicable API terms.
5.5 Unsolicited Submissions
Any ideas, concepts, feedback, suggestions, or other communications you voluntarily
submit to the Company through any channel shall be deemed non-confidential and
non-proprietary. By submitting such materials, you grant the Company an irrevocable,
royalty-free, perpetual, worldwide licence to use, reproduce, modify, publish,
translate, distribute, and otherwise exploit such submissions for any purpose without
compensation, attribution, or liability to you.
Section IX — Disclaimer of Warranties and Limitation of Liability
9.1 "As Is" Basis
The Platform, including all content, materials, products, services, and features
(including Great Canadian Collectibles Direct), is provided on an "as is" and "as
available" basis without any representation, warranty, or condition of any kind,
express or implied, unless otherwise specifically stated in writing by the Company. Your
use of the Platform is entirely at your sole risk.
9.2 Disclaimer of All Warranties
To the maximum extent permitted by applicable law, the Company expressly disclaims all
warranties and conditions, including without limitation any implied warranties or
conditions of merchantability, fitness for a particular purpose, title,
non-infringement, and those arising by statute or from a course of dealing or usage of
trade. The Company does not warrant that: (a) the Platform will meet your requirements;
(b) the Platform will be uninterrupted, timely, secure, or error-free; (c) any
information obtained from the Platform will be accurate or reliable; or (d) any defects
will be corrected.
9.3 Exclusion of Consequential Damages
To the fullest extent permissible under applicable law, in no event shall the Company,
its officers, directors, employees, shareholders, affiliates, agents, successors, or
assigns be liable for any indirect, incidental, special, consequential, exemplary, or
punitive damages, including loss of profits, loss of data, loss of goodwill, business
interruption, or any other intangible losses, arising out of or relating to your use of
or inability to use the Platform, regardless of whether such damages are based in
contract, tort, strict liability, or any other legal theory, even if the Company has
been advised of the possibility of such damages.
9.4 Jurisdictional Variations
Certain provincial or territorial laws may not permit the exclusion of certain implied
warranties or the limitation of certain categories of damages. To the extent such laws
apply to you, some or all of the above exclusions and limitations may not apply, and
you may possess additional rights as provided by the laws of your applicable
jurisdiction.
9.5 Gift Cards and Promotional Codes
The Company makes no warranty regarding the security or preservation of gift card
balances. You bear sole responsibility for the safeguarding of your gift card codes. In
the event of unauthorized access, theft, or destruction of any gift card code — whether
by your own action or that of any third party — the Company shall bear no liability.
The Company reserves the right, at its absolute discretion, to suspend or disable any
gift card reasonably believed to be lost, stolen, or used fraudulently. If a gift card
code ceases to function, you may contact Customer Service; however, any replacement is
at the Company's sole discretion and is not guaranteed. By participating in any
promotion, you agree that the promotional rules are unambiguous and waive any future
claim to the contrary.
Section X — Dispute Resolution
Part A — Disputes Between Users
10.1 Release of Company
As the Company is not a direct party to individual buyer-seller transactions conducted
through the Marketplace, you hereby irrevocably release and discharge the Company, its
affiliates, and their respective officers, directors, employees, and agents from any
and all claims, demands, losses, damages, liabilities, and causes of action of every
kind and nature, known and unknown, arising out of or relating to any dispute between
you and any other user. Where Customer Service elects, in its sole and absolute
discretion, to mediate a dispute between buyers and sellers, the Company may apply
partial or full refunds as part of a resolution; provided, however, that such
intervention does not create any obligation to do so in the future.
Part B — Disputes with the Company
10.2 Governing Law and Jurisdiction
This Agreement shall be governed by, construed, and enforced in accordance with the laws
of the Province of Ontario and the laws of Canada applicable therein, without reference
to any conflict-of-laws rules or principles that would result in the application of the
laws of any other jurisdiction. You irrevocably submit to the exclusive jurisdiction of
the courts of the Province of Ontario for the resolution of any claim or dispute arising
out of or relating to this Agreement, the Platform, or any transaction conducted through
the Platform.
Section XI — Account Suspension and Termination
Part A — Termination by User
11.1 Right to Terminate
You may terminate your account and request deletion of your personal data at any time in
accordance with the procedures described in the Privacy Policy.
Part B — Termination by Company
11.2 Company's Right to Terminate
The Company reserves the absolute right, exercisable at any time, with or without
cause, and with or without notice, to: (a) suspend, restrict, or permanently terminate
your access to the Platform or any portion thereof; (b) remove or edit any
user-generated content; (c) report any suspected illegal or fraudulent activity to law
enforcement authorities or other relevant third parties; and (d) monitor user accounts
for compliance with this Agreement and applicable law. Violations of this Agreement
constitute grounds for immediate termination.
11.3 Effect of Termination
In the event of termination of your account, or the discontinuation of any service or
your access thereto, the Company shall have no liability whatsoever to you for any
resulting harm, loss of income, loss of business opportunity, or inability to generate
revenue. The provisions of this Agreement that by their nature should survive
termination shall continue in full force and effect.
Section XII — Miscellaneous Provisions
12.1 Entire Agreement
This Agreement, together with all documents incorporated by reference, constitutes the
entire agreement between you and the Company with respect to your use of the Platform
and supersedes all prior and contemporaneous agreements, representations, warranties,
and understandings of any kind.
12.2 Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, illegal, or unenforceable, the remaining provisions shall continue in full
force and effect without limitation.
12.3 No Waiver
The Company's failure to enforce any provision of this Agreement shall not constitute a
waiver of that or any other provision, nor shall it limit the Company's right to enforce
such provision at any time thereafter.
12.4 Contact Information
Inquiries regarding this Agreement may be directed to the Company's Customer Service
Team via the contact methods identified on the Platform.
