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Welcome to www.hamyabi.com and www.hamyabi.ca collectively known as 'Hamyabi'. Thank you for taking the time to visit us. The Terms of Use, Privacy Policy, the Mobile Devices Terms of Use and all policies posted on our site, set out the terms on which we offer you access to and use of our website, services, applications and tools collectively known as 'Services'. You can find an overview of our policies here. All of our policies, the Mobile Devices Terms of Use, and the Privacy Policy are incorporated into these Terms of Use. By using our services, you agree to comply with all the above when accessing or using our Services.
Hamyabi is provided to you by ARPA Industry Inc. 1 Yonge Street, Suite 1801, Toronto, Ontario, M5E 1W7.
In order for users to access and use some or a portion of the Services, you may be required to register with us by providing your email address and set a password collectively known as your 'Account'. The email address you provide will be your login address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent.
You give us permission to access, store, and use your information provided by you to us and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused by someone else, contact us immediately at Hamyabi Customer Support.
By using our services, you agree that you will post in the appropriate categories or areas and you agree not to violate the following terms:
Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Violate any international or domestic laws or our Prohibited Content Policy;
To make false or misleading statements or posts;
Infringe or violate any third-party rights;
Distribute or contain spam, chain letters, or pyramid schemes;
Distribute viruses, worms, malwares or any other technologies that may harm Hamyabi as a whole or its intended users;
Impose an unreasonable load and traffic on our infrastructure or interfere with Hamyabi to be able to work properly;
Not to copy, modify, or distribute any other person's content;
Not to use any robot, spider, scraper or other automated means to access Hamyabi and collect content for any purpose without our express written permission;
Shall not harvest or otherwise collect information about others, including email addresses, without their consent;
Use measures used to prevent or restrict access to Hamyabi services.
The flagging system to tell us about any problems or offensive content that is being posted. The flagging system is to encourage users to work with us so we could collectively keep our services and site working properly. Hamyabi may limit or terminate its Services, remove hosted content and take technical and legal steps to keep users from using our services if we think that they are creating deliberate issues or acting inconsistently with our policies. Regardless, Hamyabi does not accept any liability for monitoring Hamyabi or for unauthorized or unlawful content which are posted on Hamyabi by users whether we decide to take any of the above steps, which we may but not limited to remove hosted content or keep a user off Hamyabi.
Without limitation to the rights granted below (see ‘Content’), some of Hamyabi’s features may display your ad on other sites, like Google or Yahoo or our classifieds sites in other countries. By using the Services, you agree that your ads 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 ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate those policies. We may remove your ad if it is flagged on our site, or if we believe it violates any law or policy.
Using our Services is generally considered to be free. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars and or U.S. Dollars, and we may change them from time to time. 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.
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary in order for Hamyabi to be able to comply with its obligations under applicable law. To the extent that such information is not provided, Hamyabi 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 Hamyabi.While many features of the Services are available across the Hamyabi websites and their associated mobile applications, some features and functionality may vary depending on which website and/or which mobile device you use to access the Services.
The Services provided by us, you, and other users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the 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, collect and database rights to that content. If you believe that your rights have been violated, please notify our 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.
Users may not interfered with, infringed upon, misappropriated, or otherwise come into conflict with any Intellectual Property rights of third parties. Hamyabi has not received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that Users must license or refrain from using any Intellectual Property rights of any third party). Users agree that they will not interfere with, infringe upon, misappropriate, or otherwise come into conflict with, any Intellectual Property rights of third parties as a result of the continued use of Hamyabi’s Services as conducted on our Term of Use and as presently proposed to be conducted.
All services provided by Hamyabi under this agreement are provided on an 'as is' basis without warranty of any kind and Hamyabi makes NO warranties or conditions of any kind, express, implied or statutory, related to or arising in any way out of THE services. Hamyabi specifically disclaims any implied warranty of merchantability, NON-INFRINGEMENT or fitness for a particular purpose. In no event shall Hamyabi be liable for indirect, consequential, incidental, punitive, or special damages (including, but not limited to, damages for loss of business profits, business interruption, delays, loss of business information and the like) arising out of the use, or the inability to use, or any defects in SOFTWARE, systems OR services pursuant to this agreement, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise and even if Hamyabi has been advised of the possibility of such damages. WITHOUT LIMITING THE ABOVE, Hamyabi’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR ARISING FROM THE SERVICES SHALL NOT EXCEED THE TOTAL A MOUNT OF FEES ACTUALLY PAID TO Hamyabi BY THE USER IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR 100 Canadian Dollars UNDER THIS AGREEMENT. As used in this Section Hamyabi includes its AFFILIATES, subcontractors, and their respective partners, MEMBERS, MANAGERS, officers, directors, shareholders, OWNERS, AGENTS and employees. You also agree not to hold Hamyabi responsible for the payment processing of other service providers such as 'Third Party Payment Processor'. When making a payment through a 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). Notification functionality or live messaging system in our Services may not occur in real time. Such functionality is subject to delays which may or may not be in 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, 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.
The User agrees to indemnify and hold harmless Hamyabi and each of its directors and officers and each person, if any, against any loss, liability, claim, damages or expense ( including the reasonable cost of investigating or defending any alleged loss, liability, claim, damages, or expense and reasonable counsel fees incurred in connection therewith) arising by any reason or by any person or other information filed or made public. 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.
By using our Services, you agree to the collection, transfer, storage and use of your personal information by Hamyabi for any purpose Hamyabi finds suitable. (the 'data controller') on servers located in the United States and in the European Union as further described in our Privacy Policy.
You may be asked to leave a review when messaging with other users on Hamyabi. Reviews consist of a 1-5-star rating and a brief overview of your experience. Your submitted review, user name, profile photo (if available), and the category of the seller’s listing will be made public. User reviews should be honest and left in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another user's account, the review should be used to try to get a better deal or to tarnish the reputation of a competing business. To ensure the integrity of the review system, users are not able to edit or remove reviews on their own profile or someone else’s. Hamyabi will also not mediate review-related disputes. User reviews reflect the opinions of individual users and do not reflect the opinion of Hamyabi.
We reserve the right to remove reviews which violate our policies or guidelines.
These terms and the other policies posted on the Services constitute the entire agreement between us and Hamyabi, 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:
ARPA Industry Inc. (Hamyabi)
1 Yonge St.
Suite 1801, Toronto, Ontario
M5E 1W7
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 five 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 apps or after 30 days from the date of the update, whichever is sooner. No other amendment to this agreement will be effective unless agreed by both the user and by Hamyabi.
If you're accessing the Services from a mobile device using a Hamyabi mobile application hereon known as the 'Application', the following terms and conditions 'Mobile Devices Terms' apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.
Hamyabi grants you the right to use the Application pursuant to the following restrictions: you may not (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair the Application or interfere with any party's use or enjoyment of the Application. 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 available on the Hamyabi website (and certain functionality may not be available depending on which Application and/or mobile device you are using). Your download and use of the Application are 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.
Hamyabi owns, or is the licensee to, all right, title, 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 Hamyabi's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.
The Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a 'terrorist supporting' country, and you are not listed on any U.S. government list of prohibited or restricted parties).
Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
These terms are an agreement between you and Hamyabi, and not with Apple. Apple is not responsible for the Application and the content thereof.
Hamyabi grant’s you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in Apple’s then-current App Store Media Services Terms and Conditions.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Apple and Apple's subsidiaries are third party beneficiaries of these terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these terms against you.
These terms are an agreement between you and Hamyabi, and not with Google. Google is not responsible for the Application and the content thereof.
Your use of the Application must comply with Google’s then-current Google Play Store Terms of Service;
Google is only a provider of the Google Play Store where you obtained the Application;
Google has no obligation or liability to you with respect to the Application or these terms; and
You acknowledge and agree that Google is a third-party beneficiary to these terms as it relates to the Application.