Terms &
Conditions.
These terms explain the ground rules for browsing the index, posting member listings, saving searches, and contacting other operators.
By accessing or using hamswap.ca (the “Site”), you agree to these Terms & Conditions (“Terms”). If you do not agree, do not use the Site. These Terms form an agreement between you and the operator of hamswap.ca (“HamSwap,” “we,” “us,” or “our”).
Who may use HamSwap
You must have the legal capacity to enter into this agreement. If you use the Site for a club, business, or other organization, you confirm that you are authorized to bind that organization. You are responsible for complying with the laws that apply to you, the equipment, and any transaction.
What HamSwap does—and does not do
HamSwap provides a searchable index of listings from independent Canadian sources and a place for members to publish classifieds. HamSwap is not the buyer, seller, broker, auctioneer, payment processor, shipper, escrow agent, appraiser, or insurer in any transaction.
We do not take possession of equipment, collect transaction funds, inspect items, verify identities beyond the account tools described on the Site, or guarantee the condition, legality, ownership, safety, accuracy, availability, price, delivery, or performance of any item or person.
Accounts and account security
Some features require an account through our identity provider. You must provide accurate information, keep your sign-in credentials secure, and promptly address unauthorized use of your account. You are responsible for activity carried out through your account unless applicable law provides otherwise.
One person or organization must not use accounts to mislead others, avoid moderation, impersonate someone else, or interfere with the Site.
Rules for listings and conduct
When you post, contact a seller, or otherwise use the Site, you must:
- have the right to offer the item and publish all text, photos, and contact details you provide;
- describe the item, condition, asking price, location, availability, and material defects honestly and accurately;
- keep the listing current and remove or close it when the item is no longer available;
- comply with applicable consumer, competition, export, radio equipment, tax, and other laws;
- respect other users’ privacy and use contact information only to discuss a genuine listing or transaction; and
- communicate respectfully and in good faith.
You must not post wanted ads, stolen or counterfeit goods, unlawful or unsafe equipment, false or misleading claims, malware, spam, discriminatory content, personal information you lack authority to publish, or content that infringes another person’s rights. You must not scrape the Site in a way that burdens it, bypass access controls, manipulate rankings, or use the Site for fraud.
Aggregated listings and outside sites
Aggregated listings are summaries that preserve a link to the original source. The original ad—not the HamSwap summary—controls if information differs. Listings can change, expire, or be removed without the index updating immediately, so confirm the original price, condition, availability, photos, seller details, and transaction terms before acting.
Outside sites have their own terms and privacy practices. A link, excerpt, or source name does not mean HamSwap endorses, sponsors, or controls that site, seller, or listing. Source owners may ask us to adjust or remove collection of their content.
Transactions and safety
Buyers and sellers decide whether and how to transact, and they bear the resulting risk. Independently verify the other party, item, serial number, ownership, condition, compatibility, total price, payment terms, shipping, insurance, taxes, and any licences or restrictions. Use a payment method with appropriate dispute protection, keep records, and do not send funds merely because a listing appears on HamSwap.
Report suspicious member listings through the Site’s reporting tools. For an aggregated listing, also contact the original source. If you believe a crime or immediate safety issue is involved, contact the appropriate authorities.
Your content and our licence to display it
You retain ownership of content you submit. You grant HamSwap a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, format, adapt for display, publish, and distribute that content only as reasonably necessary to operate, improve, secure, and promote the Site and its listings. This licence ends when the content is deleted from our systems, except for reasonable backups, legal records, and material already shared outside the Site.
You represent that your content and our permitted use of it do not violate law or anyone else’s rights. Feedback about HamSwap may be used without restriction or payment to you.
HamSwap content and intellectual property
The Site’s design, software, branding, original text, and other operator-created material are owned by HamSwap or its licensors and are protected by applicable law. These Terms do not transfer those rights to you. Rights in third-party listings, names, trademarks, and source material remain with their respective owners.
You may use the Site for lawful personal or organizational marketplace activity. You may not copy, resell, republish, or exploit substantial parts of the Site except with permission or as allowed by law.
Moderation, suspension, and removal
We may review, correct, limit, reject, remove, or preserve listings and other content, and may restrict or suspend access, when we reasonably believe it is inaccurate, expired, unlawful, unsafe, abusive, technically harmful, contrary to these Terms, or necessary to protect the Site or others. We are not required to pre-screen every listing or resolve disputes between users.
Personal information and communications
The Site uses personal information to provide accounts, listings, seller contact options, moderation, saved searches, alerts, security, and Site operations, as described where the information is collected and as permitted by applicable law. Contact details included in a listing may be visible to other users, so publish only information you are comfortable sharing for that purpose.
By enabling saved-search alerts, you ask us to send matching listing emails. You can manage those alerts in your account. We may also send service, security, legal, or account messages needed to operate the Site.
Availability and disclaimers
The Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, HamSwap disclaims implied warranties and conditions, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, uninterrupted availability, and security. We do not promise that listings, alerts, searches, links, or account features will always be complete, current, available, or error-free.
Nothing in these Terms excludes a warranty, condition, remedy, or other right that cannot lawfully be excluded.
Limits of liability
To the fullest extent permitted by law, HamSwap and its operators, contributors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profits, data, use, or goodwill, or losses arising from a listing, outside site, communication, payment, shipment, meeting, equipment failure, fraud, or transaction between users.
These limits do not apply where liability cannot legally be limited, and they do not reduce any mandatory consumer rights available to you.
Responsibility for claims
To the extent permitted by law, you will defend, indemnify, and hold harmless HamSwap and its operators from third-party claims, damages, and reasonable costs arising from your listings, your content, your transaction, your unlawful conduct, or your material breach of these Terms. This obligation does not apply to the extent a claim results from HamSwap’s own unlawful conduct.
Changes to the Site or these Terms
We may change or discontinue features and may update these Terms as the Site, law, or risk environment changes. The current version and its effective date will be posted here. Where required by law, we will provide additional notice or obtain consent. Your continued use after an update takes effect means you accept the revised Terms, except where applicable law requires a different form of agreement.
Governing law and general terms
These Terms are governed by the laws of Québec and the federal laws of Canada that apply there, without depriving you of mandatory protections available under the law of your home province or territory. Disputes may be brought before any court that has jurisdiction under applicable law.
If part of these Terms is unenforceable, the remaining parts continue in effect. A delay in enforcing a term is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization or transfer of the Site, subject to applicable law. These Terms and any additional terms shown for a feature are the entire agreement about your use of the Site.
Questions about these Terms, listing concerns, and source-removal requests may be submitted through the contact or reporting method made available on the relevant part of the Site.