We appreciate your interest in these Terms and Conditions (these “Terms”). These Terms apply to your access to and use of www.kilosavail.com (our “website”) operated by KilosAvail of 10 Rue Saint Jules, G1E 4W4, Québec, QC, Canada (“KilosAvail”, “us” or “we”).
Your access to and use of our website are subject to these Terms. Please read these Terms carefully before using the website. If you choose to continue to use or access the website after having the opportunity to read these Terms, you agree to these Terms. If you do not agree to be bound by these terms, do not access, or use the website.
A - ACKNOWLEDGEMENT
a) We only accept responsibility for our statements and representations on our website and not for any statements made by third parties.
b) Nothing in these Terms affects your statutory rights. Those rights include your right to receive products which match their description, are of satisfactory quality and are reasonably fit for purpose.
B - YOUR RELATIONSHIP WITH KILOSAVAIL
a) Venue Only. KilosAvail does not offer transportation, luggage transfer hauling services nor do we offer any of the services advertised in any of the ads posted on our website. For certainty, we merely provide the technical and organisational infrastructure to ensure the proper conduct of transactions on our website.
b) KilosAvail does not itself become a contracting party to the contracts concluded exclusively between the Users.
c) Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, KilosAvail does not guarantee:
c1) the accuracy and completeness of the statements and declarations made
c2) the Goods and Services offered as such,
c3) the conduct and performance of the relevant User, respectively.
d) Users are required to comply with applicable laws when using our website and service.
e) It is each Users own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
f) The content published on KilosAvail by the respective Users is generally not reviewed by KilosAvail and does not represent the opinion of KilosAvail.
g) KilosAvail is not a mediator or arbitrator and we do not offer dispute resolution services.
h) KilosAvail assumes no liability for the content that Users provide, nor any information provided by the Users.
i) KilosAvail reserves the right to delete the Users’ profile in the case of false information and gross violations of these Terms without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other wilful misrepresentation, KilosAvail will take appropriate action, including legal action.
C - COPYRIGHT AND OWNERSHIP
a) All of the content featured or displayed on the website, including but not limited to text, graphics, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by KilosAvail, its licensors, vendors, agents, and/or its Content providers.
b) You must not use the website or any Content other than for its intended purpose.
c) You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.
d) The website, its Content, and all related rights shall remain the exclusive property of KilosAvail or its licensors unless otherwise expressly agreed.
D - ACCURACY OF INFORMATION
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
E - YOUR PROVISION OF INFORMATION
When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current.
F - ACCEPTABLE USE
You agree not to use our website or services for any unlawful purpose. You agree not to use our website or services in any way that could damage our website, services, or general business of KilosAvail.
G - OPERATION OF THE WEBSITE AND TERMINATION OF THIS AGREEMENT
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the website, or any portion of the website, or the agreement between you and us under these Terms, for any reason including but not limited to for your violation of these Terms; (ii) modify or change the website, or any portion of the website; (iii) interrupt the regular operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the website required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.
H - DISCLAIMERS
We make no warranty or representation that our website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
I - THIRD PARTY DISCLAIMER
a) We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any Person in connection with the use of the ads and posts provided pursuant to this agreement by that Person for any purpose or in any way, including the use of the ads and posts for any purpose connected with the use of the ads and posts, to the extent permissible by law.
b) You use the ads and posts at your own sole risk.
c) To the fullest extent permitted by law, we disclaim all representations and warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy and non-infringement related to or arising out of the ads and posts, any materials or content, or any products or services purchased or made available, as well as warranties implied from any alleged course of dealing or course of performance.
d) We assume no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the ads and posts.
J - LIABILITY FOR LINKS ON THIS WEBSITE
Our website contains links to other websites for whose content we are not responsible. If you notice objectionable links on our website, please contact us immediately. In the case of direct or indirect references to external Internet pages ("links"), which are outside KilosAvail' area of responsibility.
K - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
c) The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
L - MISCELLANEOUS
a) In case of contradiction between these Terms and any content contained in other parts of the website or in links, these Terms contained in this document prevail.
b) We reserve the right to make changes to these Terms at any time.
c) The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of these Terms in force at the time you place the order through this website or the day you browse this website (as applicable).
d) Please check these Terms periodically for changes.
M - DATA PROTECTION
KilosAvail fully respects the privacy of individuals who access and use the website. Your Personal Information will be collected and used to fulfil necessary contractual obligations outlined in these Terms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy.
N - EVENTS BEYOND REASONABLE CONTROL
KilosAvail will be not held responsible for any delay or failure to perform or comply with our obligations under these terms and conditions when the delay or failure arises from any cause which is beyond KilosAvail’ reasonable control.
O - SEVERANCE
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.
P - APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by the laws of Canada and KilosAvail, and you agree to submit to the exclusive jurisdiction of the Courts of Quebec.
Effective Date
Monday, January 1, 2024