Pitswap Terms and Conditions

Welcome to Pitswap. These Terms and Conditions ("Terms") govern your access to and use of the Pitswap platform, website, mobile applications, and related services (collectively, the "Service") operated by PitSwap Marketplace Ltd. ("Pitswap", "we", "our", or "us"), a company incorporated and operating from Vancouver, British Columbia, Canada. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. About Pitswap

Pitswap is an online marketplace that facilitates the listing, buying, and selling of new and used automotive parts between independent users. Unless explicitly stated otherwise, Pitswap is not a party to any transaction between buyers and sellers. Pitswap acts solely as a platform intermediary and is not a buyer, seller, agent, broker, or auctioneer.

2. Eligibility

To use the Service, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into a binding contract in your jurisdiction; and (c) not be prohibited from using the Service under applicable law. By registering an account, you represent and warrant that you meet these requirements. You agree to provide accurate, complete, and current information during registration and to keep such information up to date.

3. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at info@usepitswap.com of any unauthorized use of your account. Pitswap will not be liable for any losses arising from unauthorized access resulting from your failure to safeguard your credentials.

4. Prohibited Items and Listings

You may not list, sell, or attempt to sell items that:

• Are counterfeit, stolen, or fraudulent in nature
• Infringe any third-party intellectual property rights, including trademarks, patents, or copyrights
• Violate applicable laws or regulations, including laws governing unsafe or illegal vehicle modifications, hazardous materials, or restricted goods
• Are subject to an active government- or manufacturer-issued safety recall
• Are airbags or airbag components of any kind, whether deployed or undeployed. Due to the safety-critical nature of airbag systems, the dangerous goods classification of undeployed airbag inflators, and the significant product liability risks associated with these components, the sale of airbags on the Pitswap platform is strictly prohibited. This includes but is not limited to: driver airbags, passenger airbags, side curtain airbags, knee airbags, seat-mounted airbags, airbag inflators, airbag modules, and any other supplemental restraint system (SRS) components
• Are catalytic converters or catalytic converter components of any kind. Due to the prevalence of catalytic converter theft across North America, complex and varying provincial, state, and federal resale regulations, and the significant legal and reputational risks associated with facilitating the sale of potentially stolen property, the sale of catalytic converters on the Pitswap platform is strictly prohibited. This includes but is not limited to: whole catalytic converters, catalytic converter shells, catalytic converter substrates, and any part derived from or containing catalytic converter materials including platinum, palladium, or rhodium
• Are described in a false, misleading, or materially inaccurate manner
• Constitute illegal drug paraphernalia or any controlled substances
• Are weapons, firearms, or firearm components in violation of applicable law

Pitswap reserves the right to remove or disable any listing at its sole discretion and without prior notice.

5. Seller Responsibilities

As a seller, you are solely responsible for:

• Creating accurate, truthful, and complete listings, including clear descriptions and photographs
• Disclosing all known defects, modifications, prior damage, or conditions of the item
• Honoring the listed price, agreed shipping terms, and all other commitments made to buyers
• Packaging items securely and shipping them in accordance with the agreed timeline
• Complying with all applicable local, provincial, national, and international laws, including tax obligations arising from sales
• Obtaining and maintaining adequate shipping insurance as required by the Pitswap Protection Policy

Sellers acknowledge that Pitswap does not verify the accuracy of listings and that responsibility for listing content rests solely with the seller.

6. Buyer Responsibilities

As a buyer, you are responsible for:

• Carefully reviewing listings, photographs, and seller disclosures before purchasing
• Asking clarifying questions prior to completing a transaction
• Verifying compatibility of any part with your vehicle before installation
• Completing payment promptly upon purchase

Pitswap does not guarantee the quality, fitness for purpose, or authenticity of any item listed on the platform. Buyers are encouraged to exercise due diligence.

7. Payments and Fees

Pitswap charges a service fee on completed transactions. Applicable fees will be clearly disclosed at the time of listing or checkout before any transaction is finalized. Fees are subject to change with reasonable notice to users. All payments are processed through PayPal. By completing a transaction on Pitswap, you also agree to PayPal's terms of service and privacy policy. Pitswap does not store your full payment card or bank account details. Shipping labels are generated through Shippo, and by using our shipping services you agree to Shippo's applicable terms. Sellers are solely responsible for all applicable taxes, duties, and levies arising from sales conducted through the Service. Pitswap does not collect, remit, or advise on tax obligations.

8. Intellectual Property and DMCA

You may not upload, submit, or use any content, trademarks, logos, images, or copyrighted materials unless you are the rightful owner or have obtained all necessary rights and authorizations.

Pitswap respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe your intellectual property rights have been infringed by content on the platform, please submit a written notice to our designated agent at:

Email: info@usepitswap.com

Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the infringing material and its location on the platform; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

9. Fraud Prevention and Identity Verification

Pitswap employs automated and manual methods to detect fraudulent activity. You agree not to misrepresent your identity, create multiple accounts to circumvent restrictions, manipulate reviews or ratings, or engage in any deceptive practices. Pitswap reserves the right to suspend or permanently terminate accounts suspected of fraudulent or abusive behavior without prior notice.

10. Dispute Resolution Between Users

Buyers and sellers are encouraged to resolve disputes directly in the first instance. If a resolution cannot be reached, either party may request assistance through the Pitswap Protection process as outlined in our Pitswap Protection Policy. While Pitswap may assist in facilitating dispute resolution, we do not guarantee specific outcomes and our decisions under the Pitswap Protection Policy are final.

Pitswap's involvement in dispute resolution does not create any agency, fiduciary, or employment relationship between Pitswap and any user.

11. Indemnification

You agree to indemnify, defend, and hold harmless PitSwap Marketplace Ltd. and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your listings, transactions, or conduct on the platform; (c) your violation of these Terms; (d) your violation of any applicable law or third-party rights; or (e) any dispute between you and another user.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Pitswap shall not be liable for:

• Any losses arising from item condition, fitness for purpose, shipping failures, or failed transactions
• Unauthorized access to or alteration of your account or data
• Conduct or representations of any buyer, seller, or third party on the platform
• Any indirect, incidental, special, punitive, or consequential damages

In no event shall Pitswap's total aggregate liability to you exceed the greater of: (a) the fees paid by you to Pitswap in the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Pitswap expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Pitswap does not warrant that: (a) the Service will be uninterrupted or error-free; (b) listings are accurate or reliable; or (c) any defects will be corrected.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the courts located in Vancouver, British Columbia, Canada, and you irrevocably consent to the personal jurisdiction of such courts.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Service that cannot be resolved informally shall be submitted to binding arbitration administered under the Arbitration Act (British Columbia). The arbitration shall be conducted in Vancouver, British Columbia, in the English language, and the arbitrator's decision shall be final and binding.

Class Action Waiver: To the fullest extent permitted by law, you waive any right to bring or participate in any class action, collective action, or representative proceeding against Pitswap. All claims must be brought on an individual basis only.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

16. Account Suspension and Termination

Pitswap may suspend or terminate your account if you have: (a) violated these Terms; (b) engaged in repeated disputes, chargebacks, or fraudulent transactions; (c) posted or sold prohibited items; or (d) taken any action that may expose Pitswap or its users to legal liability or reputational harm.

We will make reasonable efforts to provide notice and an opportunity to respond before taking action unless immediate action is required for legal, fraud-prevention, or safety reasons. You may appeal a suspension by contacting info@usepitswap.com within 14 days of notice.

17. Changes to the Terms

Pitswap reserves the right to modify these Terms at any time. For material changes, we will provide at least 14 days' notice via email to the address associated with your account or via a prominent notice on the platform. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

19. Entire Agreement

These Terms, together with our Privacy Policy and Pitswap Protection Policy, constitute the entire agreement between you and Pitswap with respect to your use of the Service and supersede all prior or contemporaneous agreements, representations, or understandings.

20. Contact Us

For legal questions, formal complaints, or general inquiries: