Terms of Use

Terms of Use

 

Please read all the terms and conditions of this agreement with iHasta.com Inc (“iHasta”) carefully.  By clicking “I agree”, or by using the iHasta website or service, you agree to be bound by the terms and conditions of this agreement, even if you have not read them.  It is important to read this entire agreement.  In particular, it contains provisions that may limit your rights, such as the section entitled limitations.

 

Intellectual Property

Copyright © 2017 iHasta.com Inc.  All rights reserved. The contents of the iHasta.com site are owned by and copyrighted by iHasta and its suppliers and users and may contain trademarks of iHasta or others.  You may print, copy or save portions of this site for your own use only – provided that all copyright and trademark provisions contained on the site remain intact.

Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark and other laws.

While iHasta uses reasonable efforts to maintain this site in an up-to-date fashion, it does not warrant the completeness, timeliness or accuracy of any information contained on this site, and may make changes thereto at any time in its sole discretion without notice.  All information contained herein is provided to users “as is”, “with all faults,” “as available” and at your sole risk.

Auction Rules

iHasta provides an online service for Sellers to auction their goods.  It is designed primarily for those with many items to sell at once.  Sellers must create lots, photograph their items, upload the photographs with descriptions and coordinate pick up.  Sellers may however hire iHasta to assist with those tasks for an additional fee.

The following auction rules apply to all auctions.  If a particular auction webpage displays any rules that contradict the following, the contradictory rules displayed for that particular auction will apply.

  1. Buyers must create a free iHasta account profile and register a payment method with Stripe in order to bid.
  2. Buyer viewing of the goods, if any, will only occur at a specified location, date and time window.
  3. Stripe charges a 2.9% plus $0.30 credit card processing fee on all Buyer’s invoices.
  4. Buyers may be required to pay sales taxes for certain Sellers.  It is the Seller’s responsibility to charge the correct taxes.  iHasta has no responsibility for Sellers incorrectly or failing to charge sales taxes.
  5. If there is a conflict between an item description and its photo, the description takes priority.  Buyers are requested to report any such conflicts so they can be corrected.
  6. Buyers should carefully review their bids before submitting to make sure they bid on the right items at their intended price.  Bids cannot be altered or withdrawn once made.
  7. Buyers may use the “Highest Bid” feature to place the highest bid they are willing to make.  The Buyer’s current bid will only go up if a competing bid is placed, and only by the minimum bidding increment.  Buyers can change their Highest Bid unless it is at or less than the then current high bid.
  8. iHasta has a set of standard bid increments that are based on the amount of the lot’s current bid. See the table below to see the bid increment increase for each bid range.
    Bid range: Bid Increment Increase:
    $0.00 to $35.00 $1.00
    $35.01 to $100.00 $5.00
    $100.01 to $1,000.00 $10.00
    $1,000.01 to $5,000.00 $50.00
    $5,000.01 to $10,000.00 $100.00
    $10,000.01 to $1,000,000.00 $250.00
  9. iHasta uses soft closes.  The end time of an auction will be extended by 2 minutes if a new bid is submitted within 2 minutes prior to the then current close time. This extension process will continue until the extended time runs out without any new bids.
  10. Buyers must pick up their purchases only at the specified location, date and time window found on their invoice. Buyers (or any third party the Buyer sends for pickup) must provide a copy of the Buyer’s invoice and 1 piece of government issued photo identification at time of pickup. If a Buyer does not attend during that window, payment for the item will be released to the Seller 48 hours after the end of the window and will not be refunded. The Buyer is deemed to have abandoned the item and the Seller will retain the item.
  11. Buyer must disassemble, pack, load, and ship their purchases.  Neither iHasta or the Seller will assist.  If the Buyer causes any damage to the Seller’s property, repair costs may be charged to the Buyer.  For safety reasons children are not allowed to attend at the pickup site.
  12. Items are sold “as is, where is”.  Buyers must inspect items at pickup to authenticate that it is the item they purchased, they have everything they purchased, and to authenticate any claims made by the Seller for the item.  Any such issues must be dealt with at the time of pickup.  When a Buyer leaves with the item they are acknowledging that they have all their items and there are no discrepancies.  If the Buyer disputes the Seller’s representation regarding the purchase, the Buyer must leave the item with the Seller, advise the Seller of the reason, and immediately advise iHasta.
  13. Credit card payment is processed by Stripe immediately on auction close.  Payment is released to the Seller as early as 48 hours after the Buyer picks up the item.  Payment may be delayed if the Buyer advises iHasta within 48 hours that it disputed the Seller’s representation of an item at the time of pickup and left the item with the Seller.
  14. If Buyers violate these rules, iHasta may terminate their membership.
  15. iHasta endeavours to provide Buyers and Sellers with safe, respectful conditions.  If a Buyer or Seller violates the User Responsibilities in the Terms of Use, or exhibits any behaviour iHasta considers unsafe or disrespectful, iHasta may at its discretion terminate their membership or revoke account privileges.

User Responsibilities

iHasta provides an auction platform for its Sellers to use.  iHasta is not an auctioneer.  You are responsible for all activity you conduct on the site.  

Sellers must provide a fair and accurate description of all items offered for sale.

You will not use the site for purposes proscribed by iHasta from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution, display, or sale of any material protected by copyright, trade-mark, trade secret or other intellectual property right without proper authorization or rights, or of material that is infringing, misleading, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of the site.  If you are posting information on publicly accessible areas of this site, keep in mind that anyone can see it.

iHasta does not routinely monitor all material placed on the site, but may in its discretion delete or modify any material offending this agreement that comes to its attention.  iHasta is not responsible for and does not endorse anything users post on the site.

iHasta acquires no ownership interest in anything you post on this site.  You grant to iHasta a license to use and display for the purposes of the site, and any related uses or promotion, anything you post on publicly accessible areas of this site at no cost to iHasta.

Infringing content

If you believe that anything posted on this site offends your copyright or other intellectual property rights, is defamatory, or otherwise infringes your rights, you may email iHasta at the email address at the bottom hereof.  We will take actions we believe are appropriate in the circumstances.

Logon ID’s and Passwords

Your access to portions of the site requires a logon ID and password.  It is your responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and keep logon ID’s and passwords confidential.  You may not use a logon ID that impersonates someone else.  You may use a login ID that does not identify you, but must provide your legal first and last name, phone number, city, province/state, country and postal/zip code in “My Account” to iHasta.  You are responsible for any activity that occurs under your logon ID.  You will advise iHasta immediately if you discover any compromise of your logon ID or password or suspect unauthorized use of the site using your identity.

You must be 18 years and older, and have a valid credit card, to obtain a logon ID.

Limitations

All promises made by iHasta are contained in this agreement.  No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.

You cannot collect any damages from iHasta for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the amount paid by you to iHasta hereunder for any goods or services that the claim arises from.

iHasta relies on these limitations when entering this agreement and setting its fees.  They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.

Governing Law

This site is governed by the laws of the Province of Ontario excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods.  Any legal action against iHasta shall take place in the courts of the Province of Ontario.  The parties hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.

Links

Any third party sites that are linked to this site are not under iHasta’s control. iHasta is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites, or any policies those sites may have.  iHasta provides links as a convenience only and such links do not imply any endorsement by iHasta of those sites.  

Privacy

Please see our Privacy Policy

Sale Details

Buyers and Sellers will pay iHasta the fees agreed to at the outset of an auction.  iHasta tries to provide accurate information on this site, and encourages Buyers to do the same, but errors may occur.  iHasta reserves the right to change the services available through the site and its prices without any notice or liability.  iHasta does not warrant or guarantee in any way the goods or services Sellers offer on the site.

Changing these terms

iHasta may change these terms by posting notice on its site.  These terms were last revised on June 5, 2017.

Securities

Nothing on this site is intended to be an offering for sale of iHasta securities to the public.

Contact iHasta

iHasta may be contacted at:

528 Pamela Drive,

Mount Brydges, ON N0L 1W0

 

Phone: 519-494-3337

Email: auctions@ihasta.com

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