Last Modified: September 7th, 2018©

Abusing Beam.city Services. Please use the reporting system to tell us about 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 Beam.city if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Beam.city or not, we do not accept any liability for monitoring Beam.city, or ads, properties or for unauthorized or unlawful content on Beam.city or use of Beam.city by users.

 

Global Marketplace. Some of Beam.city's features display your product on other sites or our classifieds sites in other countries. By using Beam.city Services, you agree that your products can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your postis posted. When you choose to post to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your product if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.

 

Fees and Services. Using Beam.city Services is generally free, and we take a commission on each sale that happens on our platform, or as previously agreed upon in writing. We may also charge fees for certain other Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in local Currency (Canadian Dollars in Canada, US Dollars in the USA and so on, where possible). 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 collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).  

Taxes associated with our Services will be collected when applicable.  You agree to provide accurate address information necessary for Beam.city to comply with its obligations under applicable law. To the extent that such information is not provided, Beam.city 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 Beam.city. 
 

Content. Beam.city Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Beam.city Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, 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  Beam.city 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.

 

Disclaimers and Limitations of Liability. The Beam.city Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal  (each a “Third Party Payment Processor”.  For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Beam.city Account, you acknowledge and agree that by making payments through Beam.city with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the stuff on the Beam.city 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 Beam.city, 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.

 

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 50 Canadian Dollars.

Indemnification. You will indemnify and hold harmless Beam.city and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim 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 Beam.city 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.
 

Personal Information. By using Beam.city Services, you agree to the collection, transfer, storage and use of your personal information by Beam.city Incorporated (the "data controller") on servers located in Canada, the United States or any territory they are located as further described in our privacy policy. 

 

General. These terms and the other policies posted on Beam.city Services 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:

 

Beam.city Incorporated
95 Willowridge Road.
Toronto, Ontario
M9R 3Z5
Re: 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 seven 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  Beam.city Customer Support.

Mobile Devices Terms
If you're accessing Beam.city Services from a mobile device using a Beam.city Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. Beam.city grants you the right to use the Application for your personal use, or as an approved designate or a registered business entity. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality, across devices (IOS vs. Android vs. Website).  Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. Beam.city owns, or is the licensee to, all rights, titles, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Beam.city's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Beam.city Application or Service.

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple