Terms of Service

Last updated 2026-10-27

DRAFT: have a Saskatchewan lawyer review this before launch. Replace the operator name in src/lib/site.ts with the registered legal name.

Please read these terms carefully. They limit our liability, require you to take responsibility for your own transactions, and include a release and an indemnity from you. By creating an account or using Swapd you agree to them. If you do not agree, do not use the Service.

1. Who we are and what Swapd is

Swapd (the “Service”, including swapd.ca and our mobile apps) is operated by [OPERATOR LEGAL NAME], operating as Swapd (“we”, “us”). It is an online venue where users list and find vehicles, parts and automotive services and talk about cars.

Swapd is a venue only. We are not a dealer, broker, agent, auctioneer, seller, buyer, lender, insurer, inspector, escrow or payment service. We do not take payment, hold funds, handle goods, arrange delivery or transfer title or registration. We are not a party to any sale, trade, service or agreement between users, and we are not acting for either party.

2. Eligibility and accounts

You must be 18 or older and legally able to enter a contract. Give accurate information, keep your password secure, and tell us if your account is compromised. You are responsible for all activity under your account. One person, one account. We may refuse, suspend or close any account at any time, with or without notice.

3. Your content

You own what you post (“User Content”). You grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, resize, display and distribute it in connection with operating, securing and promoting the Service. The licence continues for backups and for content others have already shared or quoted.

You promise that you own or have the right to post your User Content, that it is accurate, lawful, and does not infringe anyone’s rights, and that you will not post anything illegal. You are solely responsible for your User Content and for every listing you create. We do not review, verify or endorse User Content, and its presence on the Service is not an endorsement.

4. Rules

Do not post or do any of the following:

• Stolen, counterfeit or illegally modified goods, including emissions-defeat devices where prohibited, or items you do not have the right to sell.
• Vehicles with a hidden lien, altered VIN, rolled-back odometer or misrepresented title or condition status (clean, rebuilt, salvage, irreparable).
• Items that are unsafe or recalled, or that cannot legally be sold or operated in the buyer’s province (including vehicles that do not meet applicable safety or emissions standards).
• Misleading listings, bait-and-switch pricing, fake or duplicate listings, shill bids or reviews, or spam.
• Harassment, hate, threats, or sharing other people’s personal information.
• Anything that violates any law, including consumer protection, licensing and tax laws that apply to you. If you sell as a business or as a dealer, you are responsible for holding any required licence (for example a motor vehicle dealer licence) and for following dealer disclosure and advertising laws.
• Attempts to scrape the Service, break its security, probe it for weaknesses, or bypass limits.
• Asking for deposits, gift cards, wire transfers or e-transfers for items the buyer has not inspected.

We may, but have no duty to, monitor the Service, remove or edit content, restrict features, suspend or terminate accounts, and report suspected crimes to police or other authorities, at our sole discretion and without liability to you.

5. Dealing with other users: your risk

All transactions and communications are solely between users. You alone decide whether to buy, sell, trade or hire, and you do so at your own risk. We do not verify the identity, ownership, licence, insurance, honesty or conduct of any user, or the accuracy, legality, safety, condition, title, lien status, fitment or existence of anything listed. Descriptions, photos, specifications, “fits my car” results, make and model data and prices are supplied by users or third parties and may be wrong. Treat all of it as unverified.

You are responsible for your own due diligence, including independent inspection, a lien and history check, confirming ownership and paperwork, safe meeting arrangements, secure payment and the legal transfer of title and registration. Read our Safety tips, which are general suggestions only and do not guarantee your safety. Meeting strangers and buying or selling vehicles involve a risk of fraud, theft, injury, property damage and death. You accept those risks.

We are not responsible for any dispute, no-show, misrepresentation, fraud, theft, defect, injury, damage, loss or crime arising from a listing, a message, a meeting or a transaction, whether it occurs on or off the Service. If you have a dispute with another user, resolve it directly with them. We have no obligation to mediate, refund or compensate you.

6. Third-party services and links

The Service may rely on or link to services we do not control (hosting, email, maps, vehicle data, payment or history-report providers, and other websites). We are not responsible for them, their content, accuracy, availability or privacy practices, and you use them at your own risk.

7. No warranty

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, security, and uninterrupted or error-free operation. We do not warrant that the Service will meet your needs, that content is accurate or lawful, or that anyone you meet through it is who they say they are.

8. Limitation of liability

To the maximum extent permitted by law, we and our owners, operators, directors, employees, contractors and service providers (the “Swapd Parties”) are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or opportunity, or for personal injury, death or property damage arising from dealings between users, even if advised of the possibility.

To the maximum extent permitted by law, the total liability of the Swapd Parties to you for all claims relating to the Service is limited to the greater of CA$100 and the amount you paid us (if any) in the 12 months before the claim arose.

Some jurisdictions do not allow certain limits. In those cases the limits apply only as far as the law permits. Nothing in these terms excludes liability that cannot be excluded by law.

9. Release

To the maximum extent permitted by law, you release the Swapd Parties from all claims, demands and damages, known or unknown, arising out of or connected with any dispute, transaction or interaction between you and another user or third party. If you are in a jurisdiction that limits general releases of unknown claims, this release applies to the fullest extent allowed.

10. Indemnity

You will defend, indemnify and hold harmless the Swapd Parties from any claim, loss, liability, damage, penalty, cost or expense (including reasonable legal fees) arising out of or related to: your User Content or listings; your use of the Service; your dealings with any other user; your breach of these terms; or your violation of any law or third-party right. We may take over the defence of any matter at your expense, and you will cooperate.

11. Intellectual property and takedowns

The Service, its design, code and branding belong to us or our licensors; you may not copy or use them except as these terms allow. If you believe content on the Service infringes your rights, or a listing is illegal or unsafe, email hananqazi21@gmail.com with the link and details and we will review it. We may remove content without notice. Repeat infringers may be removed from the Service.

12. Disputes, governing law and class waivers

These terms are governed by the laws of Saskatchewan and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to any mandatory consumer rights you have, you agree that any dispute with us will be brought only in the courts of Saskatchewan, sitting in Saskatoon, and you consent to their jurisdiction.

To the extent the law allows, you agree to bring claims against us only on an individual basis and not as part of any class, collective or representative proceeding. Any claim you have against us must be started within one (1) year after it arises, or it is permanently barred, to the extent the law allows a shorter limitation period.

13. Termination

You may delete your account at any time from Account settings. We may suspend or terminate your access at any time, with or without notice or cause. Sections 3 and 5 to 14 survive termination.

14. General

These terms and our Privacy Policy are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect and the unenforceable part is limited as little as needed. Our not enforcing a term is not a waiver. You may not assign these terms; we may assign them, including in a sale or reorganization. Neither party is liable for delay caused by events outside its reasonable control (outages, attacks, power or network failure, labour or government action). Notices to you may be sent to your account email or posted on the Service. If a French version is required by law, the French version applies to residents of Quebec to the extent the law requires it.

15. Changes

We may update these terms. If changes are material we will notify you by email or on the Service. Continued use after the effective date means you accept the updated terms. If you do not accept them, stop using the Service and delete your account.

16. Contact

Questions or reports: hananqazi21@gmail.com.