Terms and Conditions
Definitions
a) “BIXS” means the Beef InfoXchange System operated and maintained by CCA and CBBC and any reference to “BIXS” in this Agreement includes BIXS, CCA and CBBC and all officers, directors, employees, agents, contractors and consultants of BIXS, CCA and CBBC;
b) “CCA” means the Canadian Cattlemen’s Association whose principal place of business is at 310, 6715 – 8th Street N.E. Calgary, AB T2E 7H7;
c) “Terms” means the terms and conditions set out in this Agreement as may be amended from time to time by BIXS; and
d) “You” and “your” means you as an advertiser or viewer, as the case may be.
Terms and Acceptance of Terms
1. Your use of the BIXS Cattle-Classifieds and web site (referred to collectively as “BIXS Cattle-Classifieds”) is voluntary and subject to the Terms set out in this document as may be amended from time to time. BIXS reserves the right at its sole discretion to change or modify or alter these terms and conditions without notice by posting the changes to our website.
2. In order to use the BIXS Cattle-Classifieds, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by clicking to accept or agree to the Terms.
3. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with BIXS.
Role of BIXS
4. By making BIXS Cattle-Classifieds available to registered BIXS participants and viewers, BIXS and CCA are not acting on your behalf, are not purchasing or selling livestock, are not providing information about livestock that are for sale to assist in the purchase or sale of the livestock and are not otherwise dealing in livestock as that term may be defined in legislation governing dealing in livestock in any province or territory of Canada.
Advertisement Restrictions
5. All advertising on BIXS Cattle-Classifieds is restricted to the sale of live cattle in Canada. Only producers residing in Canada are eligible to post advertisements on BIXS Cattle-Classifieds.
6. All advertisements on BIXS Cattle-Classifieds are “invitations to treat” and not “offers” to sell cattle. All offers and acceptances must be made directly between the buyer and the seller.
7. All advertisements submitted to BIXS Cattle-Classifieds will be automatically deleted the day after the identified sale date or sale expiry date or 60 days after the date the advertisement was submitted.
8. BIXS will monitor compliance with these terms and conditions and reserves the right to remove any advertisement and/or suspend or revoke usage without prior notification.
Requirements to Participate
9. To submit an advertisement on BIXS Cattle-Classifieds you must be a registered BIXS participant and must register with BIXS Cattle-Classifieds by providing your full name, BIXS Business Identifier, the e-mail address associated with your BIXS Account. Your BIXS Business Identifier will be used for the sole purpose of validating the account and will not be disclosed to viewers. All other information provided will be available to viewers.
10. All cattle advertised on BIXS Cattle-Classifieds must be registered to your BIXS account inventory.
11. There are no restrictions on who can view an advertisement submitted to BIXS Cattle-Classifieds. Anyone with Internet access can view advertisements via the BIXS Cattle-Classifieds sub-domain.
12. Notwithstanding that BIXS monitors compliance as per Section 8 of these Terms, you understand that the CCA and BIXS are not responsible, and cannot be held accountable, for any non-compliant information posted to BIXS Cattle-Classifieds.
13. You use BIXS Cattle-Classifieds at your own risk and agree that you are solely responsible for (and that CCA and BIXS have no responsibility to you) any information exchanged as a result of using BIXS Cattle-Classifieds and for the consequences of your actions by doing so.
Cattle sales
14. You are responsible for contacting the advertiser or viewer directly, as the case may be, and all offers to buy or sell cattle and all acceptances of those offers are your responsibility and you agree that any resulting purchase and sale of cattle is governed by the laws in place in the jurisdiction where the sale takes place or as may be agreed with either the advertiser or viewer, as the case may be.
15. You agree to comply with all laws governing the purchase and sale of cattle in the jurisdiction where the sale takes place, including but not restricting the generality of the foregoing, all laws governing inspection of cattle and payment of marketing levies (check-offs) on the sale of cattle.
16. You agree that you are solely responsible for any interaction with an advertiser or viewer, as the case may be, as a result of an advertisement submitted to BIXS Cattle-Classifieds. You acknowledge and understand that BIXS and CCA have not, and do not, in any way: (a) screen the advertisers or viewers, (b) inquire into the backgrounds of the advertisers or viewers, or (c) review or verify the information provided by the advertisers.
17. CCA and BIXS shall not be liable for the interactions between advertisers and viewers as a result of any advertisement submitted to BIXS Cattle-Classifieds. This includes, but is not limited to, payment and delivery of cattle, and any other terms, conditions, warranties or representations associated with the purchase and sale of cattle. All contracts for the purchase and sale of cattle are solely between the advertiser and the viewer.
18. You agree to exercise reasonable precautions in all interactions with advertisers or viewers, as the case may be, particularly if you decide to meet in person or do business with each other. CCA and BIXS do not represent, warrant, endorse or guarantee the conduct of any advertiser or viewer in any personal or business relationship with each other.
19. You agree that CCA and BIXS are not responsible for any damage or loss incurred as a result of any contracts for the purchase and sale of cattle entered into between you and an advertiser or viewer as the case may be. CCA and BIXS are under no obligation to become involved in disputes between advertisers and viewers. In the event of a dispute, you release CCA and BIXS, their officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and BIXS Cattle-Classifieds. In no event will CAA or BIXS be liable for any damages, of any type and howsoever caused, arising out of or related to any information provided by an advertiser or any relationship entered into between advertisers and viewers relating to any advertisement submitted to BIXS Cattle-Classifieds.
20. All information submitted to BIXS Cattle-Classifieds by an advertiser and all information supplied by an advertiser to a viewer is the sole responsibility of the advertiser from whom such information originated. CCA and BIXS do not control the information submitted to BIXS Cattle-Classifieds and, as such, does not guarantee the accuracy, integrity or quality of the information.
Legal
21. CCA and BIXS retain ownership and all rights to BIXS Cattle-Classifieds logos, trademark, software, trade secrets, databases, reports and web site.
22. You agree to use BIXS Cattle-Classifieds at your own risk. BIXS Cattle-Classifieds is provided on an 'as is' and 'as available' basis. You agree that you have made your own determination regarding the usefulness of BIXS Cattle-Classifieds. CCA and BIXS disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose.
23. CCA and BIXS are not liable for damages, direct or consequential, resulting from use of BIXS Cattle-Classifieds by you, any failure to provide service, suspension of service, or termination of service.
24. CCA and BIXS do not guarantee the availability of any service. You agree not to hold CCA and BIXS responsible for any data loss or interruption of service of any kind.
BIXS Advertising Revenue on BIXS Cattle-Classifieds
25. BIXS Cattle-Classifieds may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored in BIXS and advertisements submitted to BIXS Cattle-Classifieds.
26. The manner, mode and extent of advertising by BIXS on BIXS Cattle-Classifieds are subject to change without specific notice to advertisers or viewers.
27. In consideration for CCA and BIXS granting access to and use of BIXS Cattle-Classifieds, advertisers and viewers agree that BIXS may place such advertising on BIXS Cattle-Classifieds.
Changes to the Terms
28. BIXS may make changes to the Terms from time to time. When these changes are made, BIXS will make a new copy of the Terms available at/on the BIXS Cattle-Classifieds website.
29. You understand and agree that your use of BIXS Cattle-Classifieds after the date on which the Terms have changed will be treated as acceptance of the Terms.
General legal terms
30. The Terms constitute the whole legal agreement between you and BIXS and govern your use of BIXS Cattle-Classifieds and completely replace any prior agreements between you and BIXS in relation to Cattle Classifieds.
31. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
32. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of these Terms.
33. The Terms, and your relationship with BIXS under the Terms, shall be governed by the laws of the Province of Alberta without regard to its conflict of laws provisions. You and BIXS agree to submit to the exclusive jurisdiction of the courts located within the Judicial District of Calgary, in the Province of Alberta to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BIXS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Comments or Questions
34. If you have any questions, comments or concerns arising from the website, the Personal Information Protection Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at bixs@cattle.ca.
Updated September 21, 2011