“Listed Content” means all Content that Listed makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding content created by other users about their vehicles.
“Collective Content” means User Content and Listed Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Seller” means a person who uses Listed Site, Application or Services or another website to sell a car or an add on service.
“Buyer” means a person who uses Listed Site, Application or Services or another website to buy a car or an add on service.
“Listing” means a car that is listed by a Seller as available for sale via the Site, Application, and Services or another website or an add on service that is listed as available for sale.
“User” means a person who completes uses the site either as a seller or a buyer or for any other purpose.
“User Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes; value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE WEBSITE OR THROUGH THE SERVICES. YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. You accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Listed facilitates sales between sellers and buyers along with additional services and protections, described further throughout this agreement.
Before the sale all vehicles will have been inspected and any modifications required will be carried out by an Listed inspector. Photographs will be professionally taken before the vehicle is listed on the website and all vehicles will come with a 10 day/5000 km money back guarantee.
The additional features of Listed are subject to certain restrictions that are described further throughout this agreement. Furthermore the use of Listed services imposes certain commitments to the buyer and seller, which are described further below. Listed recommends that you read the entire Agreement.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
3. General Use
3.1. Registration and Amendments
By using Listed services in any way, including but not limited to visiting or browsing our Listedmotors.ca website and/or registering for its use, you agree that you have fully read and accepted the terms and conditions of this “Agreement”. Listed reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
3.2. Intended Use of the Website
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 Or older. You must not use the website:
- In any way that breaches any applicable local, national or international law or regulation
- In any way that has an unlawful or fraudulent purpose or effect
- To knowingly transmit any data, send or upload any material that contains viruses or harmful programs designed to adversely affect the operation of any computer software or hardware
- To obtain details for the purposes of harassing our staff or any other illegal activity
- Not to reproduce, duplicate, copy or re-sell any part of the website
3.3. Arbitration and Class Action Waiver
In accordance with the terms set forth below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
4. Buying Vehicles.
4.1. Once the buyer has agreed to purchase the vehicle, Listed will deliver the vehicle and the necessary paperwork to the buyer
- Listed will present the buyer with all the disclosures and notifications and go over it with them,
- the buyer and Listed representative must sign and complete all the appropriate paperwork and contract,
- buyer pays Listed the full transaction fee of the listed car.
5. Buying a Vehicle on Listedmotors.ca
5.1. Subsequent agreeing to the “Agreement” a prospective buyer is able to browse the website. Listed displays professional photographs of each vehicle listed on Listedmotors.ca that have been taken of the vehicle at the inspection site, the photos are an accurate description of the vehicle at time of inspection only.
5.2. All vehicles listed by Listed will be road worthy and will be sold with a valid vehicle inspection, unless otherwise stated.
5.3. Listed may publish any third-party reports related to an individual vehicle but is in no way responsible for the reliability or accuracy of any such report.
5.4. The sale price listed on Listedmotors.ca for any vehicle is fixed and not subject to negotiation. The prices on the website are inclusive of all costs of completing the appropriate paperwork and any additional administrative fees you might encounter as well as Value added tax.
5.5. A prospective buyer reserves a vehicle by placing $500 deposit with Listed
5.6. When the prospective buyer has “reserved” the vehicle, the respective vehicle will be labeled “reserved” rendering it unavailable for purchase for any new party on Listedmotors.ca for:
- 4 Days while Listed awaits confirmation of the full transaction or
- an additional length of time, decided on an individual basis, at Listed sole discretion should the prospective buyer (a) provide a valid reason for the payment to take longer, and (b) contact Listed in reasonable time, deemed at the full discretion of Listed.
- if there is no contact over the 4 day limit or inadequate reasons for not purchasing the vehicle before the reservation is over the deposit will automatically be refunded and the car will be available for other customers.
5.7. Once a vehicle is reserved Listed will act to
- Obtain the necessary documentation
- Confirm the purchase price of the vehicle in question
- Obtain all necessary signatures and sign all applicable documents
5.8. Should Listed be unable to, (i) obtain all necessary signatures from the seller to accomplish a transfer of title within 10 days, then Listed will inform the buyer by email or voicemail that the vehicle is no longer for sale, the customer will have his deposit returned and the vehicle will be made available again.
5.9. If there is no contact between Listed and the customer for a 4 day period your deposit will be refunded, and the vehicle will be available for another customer. If the car is removed by Listed due to some unforeseen circumstance you will be entitled to a full refund and Listed apologizes for any inconvenience caused.
5.10. Listed reserves the right to change the price either before or after accepting any order. Once the buyer has ‘reserved’ the vehicle, Listed shall notify you if this change affects your reserved vehicle and you have the right to cancel your order if the change is not acceptable, in which case your deposit will be returned in full.
5.12 Any personal information collected from you will be used purely for the purposes of administration, processing the purchase or sale of the vehicle. Please note there may be times when we use third parties, such as finance brokers. With such situations we will require any party to adhere to our strict privacy instructions. We are also entitled to track certain behavior on Listed using cookies. However this is purely for internal research, and details will not be shared.
5.14. Upon acceptance of the contract the Buyer will be given an invoice detailing the full cost of the vehicle along with any additional charges. The buyer and Listed will mutually execute a contract that will go over the terms of the sale. A buyer is able to pay for the vehicle by:
- Credit Card
- bank transfer,
- through a 3rd party finance company, and
- any combination of the above
5.15. Terms of Payment
- Payment is due at the time of the contract execution completion.
- All vehicles delivered to the Buyer are without any liens previously attached to the vehicle and come with any required notifications and disclosures.
- Listed will retain ownership of the goods until they have been paid for.
- Terms concerning delivery are stated below.
- Permission must have been given if Listed is to accept final payment from a third party such as a finance/leasing company.
5.16. Listed may use a third-party payment processor to conduct any and all the transaction, including, but not limited to billing, compensation, and payment via the linked Listed account.
5.17. The payment processing will be subject to the respective terms and conditions and privacy policies of this Agreement as well as those of the third-party payment processor. Any errors by the third-party payment processor are not the responsibility of Listed. In choosing to a complete a transaction with Listed you agree to pay via the third-party payment process chosen at Listed’s discretion in accordance with the applicable payment terms, which will be outlined in an invoice prior to sale.
6.1. At the time of purchase the buyer will choose the delivery time and date, which Listed will then endeavor to meet.
6.2. Listed will aim to deliver the vehicle on the delivery date (if any), and will give you warning if there are any delays involved. If you experience any delays or issues you must warn Listed at least 24 hours before scheduled delivery.
6.3. Where delivery is delayed, Listed shall, keep the customer informed at all times. If Listed cannot deliver the goods at the time requested by the customer we shall endeavor to find a suitable alternative. If no alternative can be found, and no suitable arrangement can be agreed on at your wish we can consider the contract cancelled at which point you will be entitled to a refund of your deposit.
6.4. If you do not pay for and take delivery of your vehicle within 7 days of notification that the vehicle is available for delivery without a prior warning or explanation, Listed shall be at liberty to treat the contract as annulled, thereby making the vehicle available for another customer. If we do not have any communication with you over this period you shall not be entitled for a refund on your deposit.
6.5. Listed reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles, which will be agreed upon before the contract is signed, and all costs shown. Listed make a point of no hidden all-inclusive costs.
6.6. On delivery of the vehicle you will be required to sign a buyer’s declaration confirming you have inspected the vehicle, it is undamaged and complies with the details included in the details form. If it does not match you should inform Listed immediately quoting the inspection sheet and reporting the issue to an employee.
6.7. If the vehicle is rejected and the decision is agreed by Listed, you will be entitled to:
- receive a full refund
- Have the vehicle repaired free of charge up to the prearranged standard.
7. Money Back Guarantee
7.1. Every vehicle listed on Listedmotors.ca comes with a 10-day/500 km money back guarantee. You are entitled to return the vehicle to Listed within 10 days of delivery and receive a refund subject to the following conditions.
7.2. The vehicle must be returned in the same condition as it was at time of delivery and must not have not exceeded a reasonable mileage for testing purpose. You are liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
- a “reasonable mileage for testing purpose” is 50 kilometers for each day that vehicle is in the buyer’s possession and reaching a total of 500 kilometers, whichever mileage is less. No refund will offered to you if the vehicle is driven over the “reasonable mileage for testing purpose”.
- To the extent that the vehicle has been damaged or in an adverse state to its condition on delivery Listed hold the right to refuse refund of any portion of the purchase price relating to such damage, and are entitled to reduce the refund total by the amount required to return the vehicle to its previous condition at the time of delivery to the buyer.
7.3. This cancellation period will expire 10 days after the day on which you, or a third party on your behalf, takes delivery or otherwise acquires physical possession of the Goods.
7.4. In the eventuality that a buyer returns their vehicle to Listed, you must inform us of your decision to cancel this Agreement in writing by clear statement (e.g. a letter sent by post, fax or email) to 1970017 Alberta Ltd. 13, 240074 Frontier Crescent, Rocky View Country
7.5. If you cancel this Agreement, we will reimburse to you all payments received from you under this Agreement, without undue delay, and not later than:
- 14 days after the day on which the we receive the Goods back; or
- (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
- If there were no Goods supplied, 10 days after the day on which we are informed about your decision to cancel this Agreement, you shall not be reimbursed.
7.6. We will make the reimbursement using the same means of payment as you have used for the initial transaction, unless agreed otherwise, but in any event you will be responsible for any additional fees related to any financing arrangements made with 3rd part financing companies.
7.7. You are required to return the vehicle and all documentation provided at time of sale, including, but not limited the registration documents and all service records. We will require that you bear the cost of returning the Goods to us.
7.8. We may withhold reimbursement until we have received the Goods back or you have sent evidence of having sent back the Goods to us, whichever is the earliest and providing it is within the 10 day limit.
7.9. For returning the goods you may either deliver them back to us at the address shown overleaf, or arrange a time and place and we will pick the vehicle up from you free of charge.
7.10. Listed will determine any reduction in the total refund, in its sole discretion and Listed will prove an accounting to the buyer that reflects the amount and reason of any deductions. Following a refund to the buyer by Listed, as an owner of the vehicle, Listed is able to list the vehicle for sale on Listedmotors.ca
7.11. This is a money back guarantee only. Whilst the buyer may return the vehicle for any reason, Listed does not offer any partial refunds and does not renegotiate the purchase price of the vehicle for any reason.
8. Intellectual Property
Unauthorized use of Listed or Listedmotors.ca replication or other violations of any kind will be prosecuted to the maximum extent of the law.
9. Selling the Vehicle Through Listed
When seeking to list a vehicle for sale through the Service, we will ask you, as a prospective seller, to provide basic information regarding the vehicle, including make, model, year, style, condition, history and mileage. If the vehicle meets Listed’s qualification criteria, you will then be asked to schedule an inspection with a certified Listed inspector, and to provide either a pick up time or drop off time for getting the vehicle inspected. Each seller acknowledges that if he or she provides Listed with any false, incomplete, or inaccurate information, including but not limited to vehicle or personal information at any time, any agreement entered into between seller and Listed for the purchase of a vehicle by Listed is null and void and of no force of effect and seller will be responsible to compensate Listed for any costs, losses or damages resulting from any false, incomplete, or inaccurate information.
Once you have provided the required information and scheduled an inspection, Listed will have a certified mechanic photograph the vehicle, and conduct a pre-purchase inspection, including a test drive of the vehicle. The inspector will also verify the vehicle’s make, model, year, style and mileage, condition, history, title and registration. The inspector will also review the seller’s driver’s license to confirm that the seller is the owner of the vehicle. Any co-owner of the vehicle must also be present for the inspection and must be verified as the co-owner by Listed
Upon completing the inspection, if Listed chooses to allow you to advertise and offer your vehicle for sale through the Service, Listed will provide you with a price, determined at Listed’s sole discretion, at which Listed will purchase your vehicle if a buyer reserves it though the Service (the “Guaranteed Price”.) Prices are fixed and not subject to negotiation, and are based on a variety of factors, including the market value of the vehicle at the time of inspection and the cost of any needed repairs, in each case as determined by Listed in its sole discretion. Listed is paid a commission in the event a vehicle is sold. The sale price advertised on Listedmotors.ca is the Guaranteed Price plus Listed’s commission in the event the car is sold. Listed’s commission is determined on a car-by-car basis by Listed in its sole discretion. Listed’s commission is not negotiable.
Once the vehicle passes inspection, if the private seller decides to advertise and offer his or her vehicle for sale through the Service, the vehicle will be advertised and offered for sale by the private seller at the Guaranteed Price plus Listed’s commission. In offering a vehicle for sale through the Service, the seller represents that he or she has physical possession of the vehicle to be sold, and either (a) that he or she has the ability to transfer title, or (b) that he or she has fully disclosed any lien on the vehicle to Listed and has provided Listed with sufficient information to enable Listed to satisfy the lien. Seller agrees to be solely responsible for satisfaction and payment of any liens, claims or damages of any type arising out of the vehicle during Seller’s possession and ownership, including but not limited to medical, personal injury, citations, tolls, fines, legal or other claims, and Seller shall indemnify and hold Listed and the subsequent Buyer harmless of same.
In addition, by listing a vehicle though the Service, seller agrees that, unless or until seller advises Listed that the vehicle has been sold, or to cancel his or her listing through the Service, the vehicle is available for sale and, as long as the seller is paid the Guaranteed Price, seller will consummate the sale transaction. The seller is free to continue to use the vehicle until Listed arranges for a pickup of the vehicle and payment of the Guaranteed Price to the seller. It is also the seller’s responsibility to inform Listed of any times during which the vehicle will be unavailable for pickup.
If the seller fails to notify Listed that a vehicle listed through the Service is no longer available for sale or to remove the listed vehicle prior to a buyer reserving the vehicle through the Service (referred to as a “Back Out”), Seller agrees that Listed may charge and seller will pay a “Back Out Fee” not to exceed $500.00. You also agree that the Back Out Fee will apply if you do not make your car available for pick up by Listed within five (5) days of Listed’s notice to you that the car has been reserved by a buyer. In addition, Listed reserves the right to refuse to accept a vehicle for listing from a seller with a previous Back Out.
Listed may revise the Guaranteed Price in the event of any post-inspection damage or additional mileage in excess of 2,000 kilometers following inspection. In such a situation, Listed may – but is not required to – make the seller a new offer on different terms. It is the seller’s responsibility to inform Listed immediately if any damage occurs to the vehicle after the inspection. Should the seller fail to timely inform Listed of such post-inspection damage, Listed may, at its sole discretion, remove the listing for the vehicle and reserves the right to refuse to accept future vehicles for listing from the seller. The seller also agrees to reimburse Listed for any costs, losses, or damages suffered as a result, including but not limited to the cost of repair and the cost of any necessary inspection or re-inspection. The nature and extent of any post-inspection damage will be determined solely by Listed, or a third-party working on Listed’s behalf.
Listed may also revise the Guaranteed Price if the seller publicly offers the vehicle for sale at a lower price though another outlet. In such case, the new Guaranteed Price will be the lower offered price.
If a buyer reserves a vehicle advertised and offered for sale through the Service, Listed will, as soon as reasonably practicable, (1) secure the vehicle title from the seller or its lien holder, (2) secure all necessary signatures from the seller to accomplish transfer of title, (3) pay the seller for the vehicle by way of a check or available payment outlets issued by Listed, and (4) pick up the vehicle from the seller. Listed may remove the seller’s listing from the Service if Listed cannot secure from the seller the title, the vehicle, or the necessary signatures. Seller agrees to provide reasonable assistance to Listed as needed to transfer title to or register the vehicle to the new buyer. Should the buyer return the vehicle to Listed for any reason, Listed will retain title and possession of the vehicle and the seller shall retain the price paid to seller.
Listed cannot guarantee that any vehicle listed through the Service will be sold. Nor can Listed guarantee the length of time it will take for any car to sell. Listed may, in its sole discretion, remove a listing from the Service if the car is not sold within sixty (60) days. Except as may be communicated by Listed to a seller prior to listing the seller’s vehicle, Listed agrees to purchase a vehicle listed by a seller through the Service at the Guaranteed Price, subject to offsets for any post-inspection damage or excess mileage, if the vehicle is not sold within sixty (60) days of it is initial listing through the Service. Notwithstanding the foregoing, in rare instances, if Listed makes an error in quoting a Guaranteed Price that would result in a windfall to the seller (e.g. offering a price close to or above the new car price for a vehicle), Listed may revise the Guaranteed Price in its sole discretion. Also, in certain cases, including without limitation with certain types of luxury cars, Listed may offer to list seller’s vehicle, but will inform the seller prior to listing the vehicle that Listed will not purchase the vehicle at the Guaranteed Price until the vehicle is reserved by a Buyer even if the vehicle is listed with Listed for more than sixty (60) days.
10. Financial Terms for Purchases
If you purchase any products from Listed, you accept to be responsible for any financial fees that are agreed upon during the purchase process.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors for any vehicle that you sell or purchase with help of Listed. Listed cannot and does not offer Tax-related advice to any User of the Site, Application and Services. Additionally, please note that each User is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
12. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- violate any local, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- offer any vehicle that you do not yourself own or have permission to sell;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application and Services to find a Seller or Buyer and then complete a booking of an Accommodation transaction independent of the Site, Application;
- as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.