terms of services
1. Acceptance of Terms
By accessing, browsing, registering on, or otherwise using the website located at tunersvault.com, operated by Tuners Vault Auction Marketplace ("Tuners Vault," the "Platform," or the "Site"), including all related tools, applications, features, and services (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), together with all policies, agreements, and supplementary documents incorporated herein by reference. If you do not agree with any provision contained in these Terms, you must immediately discontinue all use of the Platform and refrain from accessing any of the Services.
Tuners Vault reserves the right to modify, amend, or update these Terms at any time in its sole discretion. When material changes are made, the "Last Updated" date at the top of this document will be revised accordingly, and where required by applicable law, Users will be notified through reasonable means, which may include an email to the address associated with your account or a prominent notice displayed upon login. Your continued use of the Platform following the publication of any amendments shall constitute acceptance of and agreement to the revised Terms. It remains your responsibility to review these Terms periodically.
The following supplementary documents, each of which is incorporated into these Terms by reference, collectively govern all activity on the Platform. The User Agreement sets out the general obligations and rights applicable to all registered Users. The Buyer Agreement sets out the specific terms governing the conduct and obligations of Buyers. The Seller Agreement sets out the specific terms governing the conduct and obligations of Sellers. The Settlement Agreement and Policy describes the split-settlement model, the 9.5% marketplace operations commission, and post-auction payment procedures. The Privacy Policy describes the manner in which personal information is collected, used, stored, and disclosed. The Cookie Policy describes the use of cookies and similar tracking technologies on the Platform. The Cross-Border Duties, Taxes & Customs Policy sets out the obligations of Buyers and Sellers in relation to international shipments. The High-Value Risk Policy sets out the additional safeguards applicable to transactions involving components of elevated value or elevated risk. The Giveaway and Promotional Contest Terms govern giveaways, prize draws, launch promotions, auction-linked promotional contests, user-registration promotions, no-purchase entry methods, winner selection, prize claims, and promotional eligibility.
2. Nature of the Service and Platform Role
Tuners Vault is a technology-driven online auction marketplace that connects independent third-party buyers and sellers of performance, OEM, aftermarket, JDM, import, discontinued, and replacement parts and components for cars and motorcycles, together with related tools, equipment, and motorsport goods (each, an "Item" or a "Part"). The Platform's function is limited exclusively to providing the digital infrastructure through which auctions and fixed-price listings may be conducted and through which Users may interact for the purpose of transacting.
Under no circumstances does Tuners Vault act as a buyer, seller, dealer, reseller, broker, consignor, auctioneer, installer, inspection service, warehouser, or agent of any User. The Platform does not take title to, possession of, or custody over any Item listed on the Site. No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is created between Tuners Vault and any User by virtue of these Terms or any use of the Services.
All transactions arising from listings published on the Platform occur directly between the Seller and the winning Buyer. Tuners Vault is not a party to the contract of sale that forms between Buyer and Seller upon the conclusion of an auction or the acceptance of a fixed-price offer, except insofar as Tuners Vault collects its marketplace operations commission as set forth in the Settlement Agreement and Policy. The Platform does not inspect, test, dismantle, measure, bench-test, dyno-test, appraise, verify, or certify any Item listed for sale, and it does not confirm the fitment, compatibility, originality, or roadworthiness of any Part. Users acknowledge that reliance upon Item descriptions, images, part numbers, fitment data, and Seller representations rests entirely with the individual User.
3. Eligibility and Account Registration
3.1 Age and Capacity Requirements
To register for an account and use the Services, you must be at least eighteen (18) years of age and possess the full legal capacity to enter into binding contracts under the laws of your jurisdiction of residence. By creating an account, you represent and warrant that you satisfy these requirements. Tuners Vault does not knowingly permit minors to register or participate in auctions, and any account discovered to belong to a person under eighteen (18) years of age will be terminated without notice.
3.2 Account Information and Security
Upon registration, you agree to provide accurate, current, and complete information as requested in the registration process. You further agree to maintain and promptly update such information to keep it accurate and complete at all times. Responsibility for safeguarding the confidentiality of your login credentials rests with you, and for all activity that occurs under your account, whether or not authorized by you. Tuners Vault shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. Should you become aware of any unauthorized access to or use of your account, you must notify Tuners Vault immediately at info@tunersvault.com.
3.3 One Account Per User
Each individual or entity may maintain only one active account on the Platform unless expressly authorized in writing by Tuners Vault. Operating multiple accounts for the purpose of circumventing platform policies, manipulating bidding activity, or evading enforcement actions is strictly prohibited and constitutes grounds for immediate and permanent account termination.
4. Listings, Bidding, and Transactions
4.1 Binding Nature of Bids
All bids placed on the Platform constitute binding legal offers. By submitting a bid, you agree unconditionally to purchase the Item at the bid amount should you be determined the winning bidder upon the close of the listing. Bids may not be retracted, withdrawn, or cancelled except where expressly permitted under the auction rules published on the Platform. Listing durations, closing times, extension rules, and any anti-sniping protocols applicable to a given lot are published on the Site and may be adjusted by Tuners Vault from time to time in its sole discretion.
4.2 Buy It Now and Fixed-Price Listings
In addition to timed auctions, Sellers may offer Items through a Buy It Now or comparable fixed-price mechanism. Where a Buyer accepts a fixed price by activating the Buy It Now function, that acceptance forms a binding contract of sale on the same basis as a winning bid, closes the listing with immediate effect, and triggers the settlement procedure described in Section 5 and in the Settlement Agreement and Policy. Where a Seller offers both a bidding option and a Buy It Now price on the same lot, the Buy It Now option may be withdrawn automatically once bidding has commenced or once a reserve has been met, in accordance with the listing rules published on the Platform. Every obligation, deadline, forfeiture consequence, and remedy expressed in these Terms by reference to an auction, a bid, a winning bidder, or a hammer price applies with equal force to a Buy It Now purchase, to the accepted fixed price, and to the Buyer who completes it.
4.3 Items Sold "As-Is" and "As-Described"
All Items listed and sold through the Platform are offered on an "as-is" and "as-described" basis. Buyers are responsible for conducting their own due diligence prior to placing any bid or completing any purchase, including reviewing all listing details, photographs, descriptions, part numbers, fitment and compatibility data, condition disclosures, and any supporting documentation supplied by the Seller. Neither Tuners Vault nor any of its officers, employees, or agents makes any representation or warranty of any kind, express or implied, regarding the accuracy of Item descriptions, or the condition, authenticity, originality, provenance, mileage, service history, value, compatibility, or fitness for a particular purpose of any listed Item.
4.4 No Warranty from Tuners Vault on New or Used Parts
The majority of Items offered through the Platform are used, removed, take-off, refurbished, or previously installed components. Tuners Vault gives no warranty of any kind, whether express, implied, statutory, or arising by course of dealing or usage of trade, in respect of any Item sold through the Platform, whether that Item is described as new or as used. Without limiting the generality of the foregoing, Tuners Vault does not warrant the condition, quality, durability, remaining service life, mileage, performance, output, calibration, tune, emissions status, roadworthiness, merchantability, compatibility with any vehicle, or fitness for any particular purpose of any Item, and Tuners Vault gives no warranty that an Item is free from latent defect, prior accident damage, heat damage, corrosion, fatigue, or unrecorded repair.
A Seller may elect to offer a warranty of its own, or to pass through a manufacturer's, distributor's, or dealer's warranty, in respect of a particular Item. Any such warranty must be stated expressly, clearly, and in full within the applicable listing, including its duration, its scope, the party who bears it, the conditions attaching to it, and the procedure for making a claim under it. Where no warranty is stated in the listing, the Item is sold without any warranty from the Seller beyond the representations made in the listing itself and beyond any term implied by law that cannot lawfully be excluded. Any warranty stated in a listing is an obligation of the Seller or of the third party named in it, and never an obligation of Tuners Vault, which is not a party to it, does not administer it, does not underwrite it, and assumes no liability whatsoever for its performance or non-performance.
Nothing in the present Section operates to exclude, restrict, or modify any condition, warranty, right, or remedy that applicable law does not permit to be excluded, restricted, or modified. In particular, where a transaction is a consumer agreement within the meaning of the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, section 9 (2) of that Act applies the implied conditions and warranties of the Sale of Goods Act, R.S.O. 1990, c. S.1, to goods supplied under the agreement, and section 9 (3) renders void any term that purports to negate or vary them. Section 53 of the Sale of Goods Act permits implied terms to be negatived or varied by express agreement only where that statutory protection does not apply. Buyers who deal with a Seller acting in the course of a business, and who buy for personal, family, or household purposes, should read the disclaimers in these Terms as subject to those provisions and to the equivalent mandatory protections in force in their own jurisdiction, including Directive (EU) 2019/771 and Directive 2011/83/EU for consumers in the European Union.
4.5 Fitment, Compatibility, and Technical Documentation
Part numbers, chassis codes, engine codes, model-year ranges, VIN ranges, casting numbers, serial numbers, dyno sheets, compression and leakdown results, installation history, and comparable technical information displayed in a listing are supplied by the Seller. Tuners Vault neither generates nor verifies such information, does not maintain a fitment database of its own, and gives no assurance that a Part described as compatible with a given vehicle will in fact fit, function, or perform as intended in that vehicle or in any specific configuration. Buyers are responsible for cross-referencing every technical identifier against the manufacturer's own documentation before bidding, and for satisfying themselves that the Part is suitable for the intended application, for the intended market, and for the regulatory regime in which the vehicle will be operated.
4.6 Prohibited Listings
Sellers are prohibited from listing counterfeit, replica, re-stamped, or unlawfully branded components misrepresented as genuine; stolen goods or goods obtained through fraud, theft, or any other unlawful means; parts bearing an altered, obliterated, defaced, or falsified vehicle identification number, serial number, or manufacturer marking; goods that are illegal to sell, possess, or transfer under applicable federal, provincial, state, or international law; goods subject to trade sanctions or embargoes; and goods that infringe the copyrights, trademarks, patents, trade secrets, or other intellectual property rights of any third party.
Sellers are further prohibited from listing any device, part, component, software, calibration, or service whose principal effect is to bypass, defeat, or render inoperative an emission control device or element of design, where the listing, sale, or installation of that item would be unlawful in the jurisdiction of the Seller or of the Buyer. Under section 203 (a) (3) of the Clean Air Act, 42 U.S.C. 7522 (a) (3), it is unlawful in the United States to remove or render inoperative such a device, and to manufacture, sell, offer to sell, or install any part or component where the person knows or should know that it is being offered or used for that purpose. Comparable restrictions apply in Canada under the On-Road Vehicle and Engine Emission Regulations, SOR/2003-2, made under the Canadian Environmental Protection Act, 1999. Listings for emission-control delete kits, defeat devices, and unlawful calibration services are removed on identification, and repeat listing of such items is a severe violation under Section 12.
4.7 Restricted Listings and Regulated Components
Certain categories of automotive and motorcycle components are lawful to sell but carry regulatory, safety, or transport restrictions. Airbag modules, airbag inflators, seat-belt pretensioners, and other pyrotechnic or electrically initiated safety devices are classified as dangerous goods for transport purposes, are assigned to UN0503 or to an equivalent shipping name under Schedule 1 to the Transportation of Dangerous Goods Regulations, SOR/2001-286, and may be offered only where the Seller is able to classify, package, mark, document, and tender them lawfully. Lithium-ion and lithium-metal battery packs, modules, and cells, including hybrid and electric-vehicle batteries, are dangerous goods subject to the same framework. Catalytic converters, oxygen sensors, engine control units, and other emission-related components may be offered only where they comply with the emission requirements of the destination jurisdiction. Components subject to an outstanding safety recall, and components regulated as prescribed equipment under the Motor Vehicle Safety Act, S.C. 1993, c. 16, may be offered only where their sale is lawful and the regulatory status is disclosed in the listing.
Responsibility for determining whether a given component falls within a restricted category, and for complying with every requirement attaching to it, rests with the Seller and, on importation, with the Buyer. Tuners Vault does not classify Items, does not issue dangerous-goods documentation, does not train or certify shippers, and does not verify regulatory compliance. Section 4.7 of the Seller Agreement and the Cross-Border Duties, Taxes & Customs Policy set out these obligations in full.
4.8 Giveaways and Promotional Contests
From time to time, Tuners Vault may conduct, sponsor, advertise, or administer giveaways, prize draws, launch promotions, auction-linked promotions, user-registration promotions, or similar promotional contests through the Platform, by email, through promotional pop-ups, or through third-party promotional channels. All such promotions shall be governed by the Giveaway and Promotional Contest Terms, together with any promotion-specific notice, image disclosure, landing-page disclosure, or official rules published for the applicable promotion.
Participation in any giveaway or promotional contest is voluntary and subject to eligibility requirements, entry limits, jurisdictional restrictions, winner-selection procedures, no-purchase entry methods, skill-testing question requirements for Canadian winners, prize-claim procedures, and liability limitations set forth in the Giveaway and Promotional Contest Terms. Unless expressly permitted by applicable law and accompanied by a legally sufficient alternative method of entry, no purchase, bid, auction win, seller listing, payment, or other monetary transaction shall be required to enter or win a promotion.
Tuners Vault reserves the right to cancel, suspend, modify, or disqualify participation in any promotion where fraud, technical failure, unauthorized intervention, account abuse, regulatory concern, or violation of Platform rules affects the fairness, security, legality, or proper administration of the promotion.
5. Fees, Settlement, and the 9.5% Marketplace Operations Commission
5.1 Commission Structure
Tuners Vault charges a marketplace operations commission equal to 9.5% of the final hammer price, or of the accepted Buy It Now price, for each successfully completed lot. Upon the close of the listing, Tuners Vault will process a charge to the winning Buyer's credit card on file, or to an alternative credit card designated by the Buyer, in the amount of 9.5% of that price. The charge is not an additional fee imposed on the Buyer. It constitutes a deposit that is deducted from the total price and represents the Seller's commission obligation to Tuners Vault. The Seller acknowledges that, upon receipt of the settlement invoice, the 9.5% has already been collected by Tuners Vault, and that the remaining balance is owed by the Buyer directly to the Seller.
5.2 No Buyer's Premium and No Listing Fee
Tuners Vault imposes no buyer's premium. The Buyer pays the price achieved in the listing, together with any shipping charges and taxes agreed with the Seller, and nothing further to Tuners Vault. Listing an Item on the Platform is free of charge as at the Effective Date of these Terms. Should Tuners Vault introduce any listing fee, payment-related fee, or other transaction fee in the future, the applicable fee schedule will be published on the Platform and disclosed before the fee takes effect, in accordance with Section 5.5.
5.3 Settlement Invoice and Post-Transaction Obligations
Following the successful processing of the 9.5% commission charge, Tuners Vault will issue a settlement invoice to both the Buyer and the Seller. The settlement invoice serves as formal confirmation of the result and as an introduction between the parties for the purpose of completing the transaction. The winning Buyer must remit the remaining balance of the price, together with any applicable shipping charges and taxes, directly to the Seller within seventy-two (72) hours of the close of the listing, using a payment method accepted by the Seller. Upon receipt of payment, the Seller must ship the Item to the Buyer within seventy-two (72) hours.
Should the winning Buyer fail to remit the remaining balance to the Seller within the seventy-two (72) hour payment window, the 9.5% marketplace operations commission previously charged to the Buyer's credit card shall be automatically and irrevocably forfeited. The forfeited deposit is non-refundable, and the Buyer waives any right to a refund, credit, chargeback, or reversal of the forfeited amount. Tuners Vault may, in addition to retaining the forfeited deposit, impose further consequences as set forth in the Buyer Agreement and the Settlement Agreement and Policy, including account suspension, permanent termination, and additional enforcement measures.
5.4 Failed Payment and Runner-Up Procedures
In the event that the credit card transaction for the 9.5% commission fails, Tuners Vault will contact the winning Buyer and afford them twenty-four (24) hours to provide an alternative payment method. Should the Buyer fail to furnish a valid payment method within this period, the winning bid is deemed forfeited. Tuners Vault may then contact the next-highest bidder (the "runner-up") and offer them the opportunity to assume the winning position at their bid amount. If the runner-up declines or fails to provide payment within twenty-four (24) hours, the lot shall be nullified, and the Seller will be notified and may relist the Item at their discretion.
5.5 Fee Modifications
Tuners Vault reserves the right to modify, introduce, or discontinue any fees or commissions at any time upon reasonable notice to Users. Updated fee schedules will be published on the Platform, and continued use of the Services following such publication shall constitute acceptance of the revised fee structure.
6. Returns, Refunds, and Exchanges
Tuners Vault does not process, handle, manage, or administer returns, refunds, exchanges, or chargebacks. The Platform is not a party to the sale agreement formed between the Buyer and the Seller, and accordingly bears no responsibility or liability for any post-sale dispute regarding Item condition, authenticity, fitment, delivery, or satisfaction.
Any request for a return, refund, or exchange must be directed by the Buyer to the Seller and resolved exclusively between those two parties. Sellers are encouraged to include clear return and refund policies within their individual listing descriptions so that Buyers may make informed purchasing decisions prior to bidding. Tuners Vault shall not intervene in or adjudicate return or refund disputes except in the limited review circumstances described in Section 7 below.
Nothing in these Terms shall be construed as limiting any right that a consumer may have under applicable mandatory consumer protection legislation, including the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, or any successor legislation, and including Directive (EU) 2019/771 and Directive 2011/83/EU as transposed into the national law of European Union Member States, to the extent that such rights cannot lawfully be excluded by agreement.
7. Limited Circumstances for Platform Review
Tuners Vault may, at its sole discretion, review a completed transaction where the aggrieved party provides documented proof establishing material misdescription, meaning that the Item received materially differs from the description, part number, or photographs provided in the listing; damage in transit, as documented by carrier inspection reports or contemporaneous photographic evidence; proven inauthenticity, meaning that the manufacturer whose branding the Item bears, or a qualified independent specialist, has determined the Item to be counterfeit or materially not as represented; or despatch of an incorrect Item, meaning that the Buyer received an Item demonstrably different from the lot purchased.
For the avoidance of doubt, Tuners Vault bears no liability for damage, loss, destruction, or theft of Items at any point during transit. All claims relating to carrier performance, including damage, theft by carrier personnel, mishandling, or non-delivery, must be initiated by the affected party directly with the shipping carrier in accordance with the carrier's claims procedures and applicable law.
Where a claim qualifies for review, Tuners Vault may request supporting documentation from both parties, temporarily restrict one or both accounts pending investigation, and facilitate communication between the parties. Tuners Vault does not guarantee any particular resolution, refund, credit, or outcome as a result of such review, and all determinations remain within Tuners Vault's sole and absolute discretion. Notwithstanding the availability of the limited review process described above, Tuners Vault does not accept responsibility for, and shall bear no liability in connection with, the loss, damage, destruction, theft, or delayed delivery of any Item during transit, nor does it serve as an intermediary in shipping disputes between Users and carriers.
8. Disclosure of User Information and Post-Transaction Communication
Upon the successful completion of a listing, certain account information will be shared between the Buyer and the Seller to facilitate completion of the transaction. Specifically, the Buyer's shipping name and address, as recorded in the Buyer's account profile, will be disclosed to the Seller for fulfilment purposes, and each party's username or registered business name may be made available to the other.
Following issuance of the settlement invoice, the Buyer and Seller may communicate directly for the sole purpose of completing the transaction. Such communications may include coordination regarding shipping arrangements, payment processing, updated delivery instructions, freight quotations for heavy or oversized components, and any other steps reasonably necessary to fulfil the transaction. All information exchanged through this process shall be used exclusively for the purpose of completing the relevant transaction and may not be used for any unrelated, unauthorized, or unlawful purpose.
By using the transactional features of the Platform, you expressly consent to the disclosure of the foregoing information. If you do not agree to such disclosure, you must refrain from participating in auctions, placing bids, completing fixed-price purchases, or listing Items for sale.
9. Intellectual Property and Copyright Policy
9.1 Platform Intellectual Property
All content, design elements, logos, trademarks, trade names, graphics, software, and other materials comprising the Platform and its Services (collectively, "Tuners Vault Content") are the exclusive property of Tuners Vault or its licensors and are protected under Canadian and international copyright, trademark, and intellectual property laws, including the Copyright Act, R.S.C. 1985, c. C-42. No Tuners Vault Content may be reproduced, distributed, modified, publicly displayed, or otherwise exploited without the prior written consent of Tuners Vault.
9.2 Manufacturer Marks and Vehicle References
References to vehicle manufacturers, model names, chassis designations, engine codes, and component brands appear on the Platform solely for the purpose of identifying the Item offered and the vehicles with which a Seller represents it to be compatible. Such references are nominative and do not indicate that Tuners Vault or any Seller is affiliated with, endorsed by, sponsored by, or an authorized dealer of the manufacturer or brand owner concerned, unless that relationship is expressly stated and substantiated within the listing.
9.3 User-Generated Content
Users retain ownership of content they create and upload to the Platform, including listing descriptions, photographs, dyno sheets, and related materials. By uploading such content, you grant Tuners Vault a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to use, reproduce, display, modify, and distribute such content in connection with the operation, marketing, and promotion of the Platform.
9.4 Copyright Infringement Claims
Tuners Vault respects the intellectual property rights of third parties. If you believe that content on the Platform infringes your copyright, you may submit a written notice to Tuners Vault at info@tunersvault.com identifying the copyrighted work allegedly infringed, the infringing material and its location on the Platform, your contact information, and a statement made under penalty of perjury that you are the copyright owner or authorized to act on the owner's behalf. Tuners Vault will review such notices and take appropriate action, which may include removal of the allegedly infringing content.
10. Prohibited Conduct
Users shall not engage in fraudulent, deceptive, or dishonest conduct of any kind; shill bidding, bid manipulation, bid shielding, or any form of auction interference; circumvention of Tuners Vault's fee structure, including attempts to divert transactions off-platform; submission of false, misleading, or incomplete account information; misrepresentation of a Part's origin, condition, mileage, part number, or fitment; use of the Platform to facilitate money laundering, tax evasion, or any unlawful activity; harassment, threats, or abusive behaviour toward other Users or Tuners Vault personnel; unauthorized access to or interference with the Platform's systems, servers, or networks; distribution of malware, viruses, or other harmful code; or any other activity that Tuners Vault deems, in its sole discretion, to be harmful to the Platform, its Users, or the integrity of the marketplace. Each of the foregoing constitutes grounds for immediate account suspension or permanent termination.
11. Non-Circumvention and Protection Period
Users agree not to circumvent Tuners Vault's transactional processes or fee structure by any means, including completing transactions outside the Platform, sharing contact information for the purpose of arranging off-platform sales, or altering listings to avoid commissions. For a period of ninety (90) days following the close of a listing, the Buyer and Seller introduced through that listing may not complete a private transaction for the same Item outside the Platform. Should such a transaction occur, the Seller agrees that the standard 9.5% commission remains due and payable to Tuners Vault, and Tuners Vault may invoice the Seller, charge any payment method on file, offset amounts against future proceeds, suspend or terminate accounts, and pursue any available legal remedies.
12. Trust, Safety, and Enforcement
12.1 Trust and Safety Program
Tuners Vault maintains a trust and safety program that includes identity verification procedures, seller vetting, fraud detection and monitoring systems, and listing moderation. Users may report suspected fraud, misrepresentation, counterfeit components, or abusive conduct to Tuners Vault at info@tunersvault.com. All reports are reviewed by trained compliance personnel.
12.2 Strike Policy
Tuners Vault enforces a two-strike hybrid enforcement policy. A first violation will result in a formal written warning. A second violation will result in permanent account termination. Certain severe violations, including the sale of counterfeit or re-stamped components, intentional misrepresentation of condition or fitment, listing of emission-defeat devices, undeclared shipment of dangerous goods, payment or chargeback fraud, auction manipulation, and harassment or threats, may result in immediate and permanent account termination without a prior warning. No right of appeal is guaranteed in respect of enforcement decisions.
12.3 Fraud Prevention and Disclosure to Authorities
Tuners Vault reserves the right to preserve, review, use, and disclose relevant User information where Tuners Vault reasonably believes, in good faith, that such action is necessary or appropriate to investigate, detect, prevent, suppress, report, or respond to fraud, attempted fraud, scam activity, identity misuse, payment abuse, chargeback abuse, counterfeit activity, theft, unlawful conduct, breach of agreement, or conduct threatening the safety, trust, or integrity of the Platform.
Information that may be preserved, reviewed, used, or disclosed for such purposes includes account information, registration details, usernames, email addresses, telephone numbers, shipping information, transaction records, listing and bid history, payment-related records, communications, IP addresses, device identifiers, login records, carrier information, and supporting evidence submitted by affected Users.
Where legally permitted or required, Tuners Vault may disclose such information to law enforcement authorities, regulatory agencies, payment processors, fraud-prevention service providers, carriers, affected Users, legal counsel, courts, tribunals, or other competent recipients. Such disclosure may be made without prior notice to the affected User where notice would compromise an investigation, interfere with fraud prevention, expose another User to risk, conflict with legal obligations, or otherwise be inappropriate under the circumstances. Nothing in the present Section obligates Tuners Vault to make any particular disclosure, commence any investigation, or guarantee any enforcement outcome.
13. Limitation of Liability
To the fullest extent permitted by applicable law, Tuners Vault, its officers, directors, employees, agents, affiliates, and licensors (collectively, the "Tuners Vault Parties") shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of, or inability to use, the Platform or the Services, whether based on contract, tort, negligence, strict liability, statutory liability, or any other legal theory. Without limiting the foregoing, the Tuners Vault Parties shall not be liable for fraud, misrepresentation, or omissions by Sellers or Buyers; failure by any party to complete a transaction; loss, theft, damage, or destruction of Items during shipment or storage; the condition, authenticity, originality, compatibility, or performance of any Part; mechanical failure, engine damage, vehicle damage, personal injury, or consequential loss arising from the installation, use, or misuse of any Part purchased through the Platform; market value fluctuations or changes in demand; disputes between Buyers and Sellers regarding payment, shipping, condition, fitment, or authenticity; and any unauthorized access to or alteration of your data or transmissions.
In jurisdictions that do not permit the exclusion or limitation of certain damages, the liability of the Tuners Vault Parties shall be limited to the maximum extent permitted by law. The total aggregate liability of Tuners Vault for any and all claims arising out of or related to a particular transaction shall not in any case exceed the total fees actually paid by the claimant to Tuners Vault in connection with that specific transaction.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Tuners Vault Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to your use of the Platform or the Services; your participation in any listing or transaction; your breach of these Terms or any supplementary agreement; your violation of any applicable law or regulation, including emissions, safety, dangerous-goods, customs, and export law, or of any third-party right; and any content you upload, post, or transmit through the Platform.
15. Binding Arbitration and Dispute Resolution
15.1 Informal Resolution
Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve the matter informally by sending a written notice to Tuners Vault at info@tunersvault.com describing the nature and basis of the claim and the specific relief sought. Both parties shall engage in good-faith negotiations for a period of no fewer than thirty (30) days from the date of receipt of such notice before either party may commence arbitration.
15.2 Binding Arbitration
If the dispute cannot be resolved informally within the thirty (30) day period, you agree that the dispute, claim, or controversy shall be resolved exclusively through final and binding arbitration conducted in the Province of Ontario, Canada, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. The arbitration shall be administered by a single neutral arbitrator mutually agreed upon by the parties, or in the absence of agreement, appointed in accordance with the procedures set out in the Act. The arbitration shall be conducted confidentially, and the arbitrator's award shall be final and binding upon the parties, subject only to the limited grounds for appeal or setting aside provided under sections 45 and 46 of the Arbitration Act, 1991.
15.3 Class Action and Jury Trial Waiver
To the fullest extent permitted by law, all disputes must be brought in an individual capacity only. You agree to waive any right to participate in a class action, class arbitration, representative action, or collective proceeding of any kind against Tuners Vault. Any right to a trial by jury is likewise waived. The arbitrator shall not have authority to consolidate claims of multiple parties or to preside over any form of class or representative proceeding.
15.4 Consumers and Mandatory Statutory Rights
Sections 15.2 and 15.3 apply only to the extent permitted by the law governing the User concerned. Where a User is a consumer within the meaning of the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, section 7 (2) of that Act renders an arbitration term invalid insofar as it would prevent the consumer from commencing an action in the Superior Court of Justice, and section 8 (1) preserves the consumer's right to commence or join a class proceeding. Those rights are not waived by these Terms and are not affected by the present Section. After a dispute has arisen, a consumer may nonetheless agree to resolve it by arbitration, as contemplated by section 7 (3) of that Act. Equivalent mandatory protections in force in a User's own jurisdiction apply in the same manner.
15.5 Small Claims Exception
Notwithstanding the foregoing, either party retains the right to bring an individual claim in the Small Claims Court of the applicable jurisdiction, provided the claim falls within the monetary limits prescribed by such court.
16. Governing Law and Jurisdiction
These Terms, and any dispute arising out of or in connection with them, 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 conflict-of-law principles. To the extent that any matter falls outside the scope of the arbitration clause set forth in Section 15, the courts of the Province of Ontario located in the City of Toronto shall have exclusive jurisdiction, and you hereby irrevocably attorn to the jurisdiction of such courts.
17. Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such finding shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to render it valid and enforceable while preserving the original intent of the parties, or if such modification is not possible, shall be severed from these Terms. Notwithstanding the foregoing, if the class action waiver set forth in Section 15.3 is deemed unenforceable in whole or in part, the entire arbitration provision contained in Section 15 shall be deemed null and void.
18. Entire Agreement and Waiver
These Terms, together with all supplementary documents incorporated by reference, constitute the entire agreement between you and Tuners Vault with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. No waiver of any provision of these Terms shall be effective unless made in writing and signed by Tuners Vault. The failure of Tuners Vault to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
19. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Tuners Vault. Tuners Vault may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
20. Force Majeure
Tuners Vault shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, civil unrest, government actions or orders, changes in customs or tariff measures, labour disputes, power failures, internet or telecommunications outages, cyberattacks, and disruptions to third-party services upon which the Platform relies.
21. Contact Information
For any questions, concerns, or notices regarding these Terms, please contact Tuners Vault by email at info info@tunersvault.com or through the website at https://tunersvault.com.
22. Acknowledgement
By creating an account, placing a bid, completing a fixed-price purchase, listing an Item, or otherwise using the Platform, you confirm that you have read these Terms of Service in their entirety, that you understand all provisions contained herein, and that you voluntarily agree to be bound by them. You further acknowledge that you have had the opportunity to seek independent legal advice prior to accepting these Terms.
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