1. Acceptance of Terms
By accessing or using the Tradyard platform (the "Platform"), including our website at tradyard.com and any associated mobile applications, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Platform.
These Terms constitute a legally binding agreement between you ("User," "Buyer," or "Seller") and Tradyard Inc. ("Tradyard," "we," "us," or "our"), a corporation registered in Ontario, Canada.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.
You must be at least 18 years of age and capable of forming a legally binding contract to use the Platform. By using Tradyard, you represent that you meet these requirements.
2. Buyer Responsibilities
As a buyer on Tradyard, you agree to the following:
Account Accuracy: You will provide accurate, current, and complete information when registering and will keep your account information up to date.
Purchase Obligations: When you place a bid or complete a purchase, you enter into a binding agreement to buy the item at the stated price. You are responsible for reading all product descriptions, photos, and seller notes before purchasing.
Payment: You agree to pay for all items you purchase, including applicable taxes, shipping costs, and any platform fees. Payment must be completed within the timeframe specified at checkout.
B2B Purchases: For wholesale and B2B transactions, you confirm that you are purchasing for business or resale purposes and that you hold any applicable business licenses required in your jurisdiction.
Receiving Goods: You are responsible for inspecting received goods within 48 hours and reporting any significant discrepancies through our dispute resolution system.
Prohibited Conduct: You will not circumvent the Platform to transact directly with sellers, engage in bid manipulation, use the Platform for money laundering, or misuse our dispute resolution system.
3. Seller Responsibilities
As a seller on Tradyard, you agree to the following:
Verification: You must complete Tradyard's seller verification process and maintain an active, approved seller account. Providing false information during verification is grounds for immediate termination.
Listing Accuracy: All product listings must accurately describe the item's condition, quantity, specifications, and any defects. Misleading listings are strictly prohibited and may result in account suspension.
Inventory Availability: You must only list items you own and have the right to sell. You must have sufficient inventory to fulfill all orders placed.
Fulfillment: You agree to fulfill orders within the handling time stated in your listings. You must provide valid tracking information upon shipment.
Compliance: You are solely responsible for ensuring your listings comply with all applicable federal and provincial laws, including but not limited to consumer protection legislation, customs regulations, and product safety standards.
Fees: Tradyard does not charge digital subscription or membership fees for platform access. You remain responsible for physical-goods transaction charges, shipping costs, taxes, commissions, and payment processing fees disclosed during marketplace transactions.
Taxes: You are responsible for collecting and remitting all applicable taxes (e.g., GST/HST, PST) on your sales as required by Canadian law.
4. Prohibited Items
The following items and categories are strictly prohibited on Tradyard. Listing or attempting to sell prohibited items will result in immediate listing removal and may lead to permanent account suspension:
Illegal Goods & Substances:
- Controlled substances, narcotics, or drug paraphernalia
- Counterfeit or replica goods (trademark/copyright infringement)
- Stolen property or goods obtained through fraud
Weapons & Dangerous Items:
- Firearms, ammunition, and related components (without proper licensing)
- Explosives, incendiary devices, or hazardous materials
- Items designed to cause bodily harm
Regulated & Restricted Products:
- Alcohol or tobacco products without the required licenses
- Medical devices or prescription pharmaceuticals without authorization
- Products that do not meet Health Canada safety standards
Digital & Intangible Goods:
- Unauthorized software, digital keys, or pirated content
- Personal data, private information, or access credentials
Other Prohibited Content:
- Items promoting hate, discrimination, or violence
- Adult or sexually explicit material
- Items subject to import/export restrictions under Canadian law
Tradyard reserves the right to remove any listing at its sole discretion, even if not explicitly listed above, if deemed harmful to users or the Platform.
5. Dispute Resolution
Between Buyers and Sellers: If a dispute arises between a buyer and seller, both parties agree to first attempt resolution directly through Tradyard's in-app messaging system within 5 business days.
Tradyard Mediation: If direct resolution fails, either party may escalate the dispute to Tradyard by contacting support@tradyard.com. Tradyard will review evidence submitted by both parties and issue a non-binding determination within 10 business days.
Chargebacks: Buyers agree to use Tradyard's dispute resolution process before initiating a chargeback with their payment provider. Fraudulent chargebacks may result in account suspension and recovery of costs.
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms that cannot be resolved through the above process shall be resolved by binding arbitration administered by the ADR Institute of Canada, Inc. in accordance with its Arbitration Rules. The arbitration shall take place in Toronto, Ontario. Each party shall bear its own legal fees unless the arbitrator determines otherwise.
Class Action Waiver: You waive any right to participate in class action litigation or class-wide arbitration against Tradyard.
Exceptions: Nothing in this section prevents either party from seeking emergency injunctive or equitable relief in a court of competent jurisdiction.
6. Limitation of Liability
Platform as Intermediary: Tradyard is a marketplace platform that connects buyers and sellers. We do not own, inspect, or guarantee any products listed on the Platform. Sellers are solely responsible for the accuracy of their listings and the quality of their goods.
Disclaimer of Warranties: The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation: To the maximum extent permitted by applicable law, Tradyard's total liability to you for any claims arising from or related to these Terms or your use of the Platform shall not exceed the greater of: (a) the total fees paid by you to Tradyard in the 12 months preceding the claim, or (b) CAD $500.
Exclusion of Damages: In no event shall Tradyard be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
Force Majeure: Tradyard shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, pandemics, government actions, or telecommunications failures.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
7. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
Jurisdiction: Subject to the arbitration agreement in Section 5, you agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Toronto, Ontario, Canada, and you irrevocably consent to the personal jurisdiction of such courts.
Consumer Protection: If you are a consumer residing in a province with mandatory consumer protection legislation (including but not limited to Ontario's Consumer Protection Act, 2002, or Quebec's Consumer Protection Act), nothing in these Terms limits any rights you may have under such legislation.
PIPEDA Compliance: Our collection, use, and disclosure of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. Please refer to our Privacy Policy for full details.
8. Contact
If you have any questions about these Terms of Service, please contact us:
Tradyard Inc.
Legal & Compliance
📧 support@tradyard.com
For urgent matters including intellectual property infringement notices (DMCA / Copyright Act of Canada), please include "Legal Notice" in the subject line of your email.
For privacy-related inquiries, please review our Privacy Policy or email support@tradyard.com with "Privacy Request" in the subject line.
We will make reasonable efforts to respond to all inquiries within 10 business days.