Terms & Conditions of Service

Site Usage Terms and Conditions

Site Usage Terms and Conditions: Unite Craft, Inc.

THIS IS A LEGAL AGREEMENT BETWEEN THE BUSINESS ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT ("Company") AND USED BREWERY EQUIPMENT, INC. AND/OR ITS SUBSIDIARIES ("UniteCraft"). THE INDIVIDUAL THAT ACCEPTS THIS AGREEMENT WARRANTS THAT THEY ARE AUTHORIZED TO ACT ON BEHALF OF THE COMPANY. BY USING THE UniteCraft SERVICE (the "Service") FOR THE PURCHASE AND/OR SALE OF USED OR NEW BREWERY EQUIPMENT (the "Equipment"), COMPANY IS AGREEING TO ALL OF THE SITE USAGE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT CONSISTS OF THESE TERMS AND CONDITIONS OF SERVICE AND THE UniteCraft BUYER TERMS OF SERVICE AND/OR UniteCraft SELLER TERMS OF SERVICE, AS APPLICABLE TO THE COMPANY. BOTH BUYERS AND SELLERS ARE INCORPORATED INTO THIS AGREEMENT.

  1. Membership. The Service is available only to business entities whose authorized representative completes the online registration form and must be of legal capacity to enter into this agreement. Upon UniteCraft acceptance of the completed online registration form, the entity shall be considered a member.
  2. Modifications to Terms. UniteCraft may change this Agreement at any time. The amended Agreement will become effective upon posting to UsedBreweryEquipment.com. This Agreement may not otherwise be amended, except in writing signed by both parties. Company's continued use of the Service after the amended Agreement has been posted constitutes Company's agreement to be bound by the amended Agreement.
  3. Nature of Services Provided.
    1. UniteCraft provides an online forum for matching members seeking to sell Equipment ("Sellers") and members seeking to buy Equipment ("Buyers"). All decisions to buy and sell Equipment are made by Company, or by its duly authorized agents or employees, and Company accepts full responsibility for such decisions.
    2. UniteCraft has no control over the quality, compatibility, safety or legality of Equipment offered for sale, or the terms and conditions of any transaction between Buyers and Sellers. Company agrees: (a) to release UniteCraft (and its officers, directors, stockholders employees and agents) from any and all claims, demands and damages of any nature, known or unknown, arising out of or in any way connected with use of the Service (including disputes with other members); and (b) to attempt to settle any disputes with other members directly. In the event Company is a resident of California, Company waives California Civil Code §1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
    3. UniteCraft may receive fees from both Buyer and Seller, but does not act as agent for either party. UniteCraft may receive compensation in the form of the spread between an acceptable sales price by a Seller and the amount offered by a Buyer. UniteCraft may pay remuneration to or receive remuneration from third parties who assist in facilitating transactions. Such remuneration, if any, may take the form of financial credits, monetary payments or reciprocal business.
  4. Company Account, Password, and Security. The UniteCraft sign up process establishes a member user id (members email address) and a password to access the Service. Company is responsible for maintaining the confidentiality of the password. Company is responsible for all activities occurring under Company's user id and passwords and will indemnify and hold harmless UniteCraft from and against any and all claims, damages and liabilities arising as a result of the use of Company's users id and password. Company agrees to immediately notify UniteCraft of any unauthorized use of the Service or Company's password.
  5. Links. UniteCraft may provide links to other Web sites or resources. Company agrees that UniteCraft is not responsible for such Web sites or resources, and UniteCraft does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
  6. Time of Day and Calendar Day for all matters and events will be determined by Mountain Time. All communications of any kind, for any purpose shall be made in the English language. It is the responsibility of Buyer and or Seller to each know and understand the English language. Any party who requires interpretation to or from the English language for the purpose of making or receiving any communication or the Terms of Use, shall be responsible for any of his, her or its own respective costs in that regard.
  7. The term “Business Day” shall refer to the working days Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Mountain Time, which are not legal holidays in Colorado observed by UniteCraft.
  8. Processing Delays of payments made by credit card, shall not be on deposit with UniteCraft until the Business Day on which the funds are actually deposited into UniteCraft Trust Account.
  9. Company Conduct.
    1. No Illegal or Deceptive Acts. Company agrees: (1) to abide by all applicable laws and regulations; (2) not to impersonate any person or entity, or misrepresent Company's affiliation with a person or entity; and (3) to not use the Service to harvest information, including without limitation, and financial information about other members.
    2. Company agrees to fully comply with all applicable export control laws, regulations, rules, and orders of the United States and all other applicable jurisdictions.
    3. System Integrity. Company agrees not to: (1) upload or distribute any files containing viruses, corrupted files or similar software or programs that may damage the operation of another's computer; (2) interfere with or disrupt networks connected to the Service; (3) use any device, software or routine to interfere with the proper functioning of the Service; or (4) impose an unreasonable or disproportionately large load on UniteCraft's infrastructure. COMPANY shall keep all information such as but not limited to drawings, technical specifications, cleaning procedures, sales agreements, internal policies which are either marked as "CONFIDENTIAL" or verbally disclosed as confidential in confidence, and will not, without UniteCraft's prior written consent, disclose any information to any person or entity, except those officers, employees, or agents of COMPANY who directly require the information. Each officer, employee, or agent to whom information is to be disclosed shall be advised by COMPANY of the terms of this AGREEMENT and shall be bound by the confidentiality and non-use obligations herein. COMPANY shall take all reasonable precautions to prevent information from being disclosed to any unauthorized person or entity. COMPANY understands and agrees that any use or disclosure of information in violation of this AGREEMENT will cause UniteCraft or the owner of the information irreparable harm. This shall entitle UniteCraft or owner, among all other remedies, to injunctive relief from a court with proper jurisdiction.
    4. Company acknowledges that all content presented on the Service ("Content") is protected by copyright, trademark, and other intellectual property rights or laws. Company may not copy, reproduce, distribute, or create derivative works of the Content without the written consent of UniteCraft. UniteCraft owns all Content and data maintained on the Service with unlimited rights to use the Content or data in any way it sees fit.
    5. Non-Circumvention. Company will not buy any Equipment, parts or other materials that was first made known to Company by means of the Service. Company will not sell any Equipment, parts, other materials or other items that was seen as part of an inspection to any prospective buyer that was introduced by UniteCraft without payment of all fees, commissions or other charges that would be payable to UniteCraft had the transaction been completed through UniteCraft.
    6. No Cheating. Company will not engage in offer manipulation, use an alias or decoy, or place false offers. Company agrees to conduct themselves such that all transactions are transparent and are market-based.
  10. DISCLAIMER OF WARRANTIES. COMPANY EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. UniteCraft EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. UniteCraft MAKES NO WARRANTY THAT THE SERVICE WILL MEET COMPANY'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES UniteCraft MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. COMPANY UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT COMPANY'S RISK AND COMPANY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPANY'S SYSTEMS OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.  UniteCraft MAKES NO WARRANTY, AND HEREBY DISCLAIMS ALL WARRANTIES, REGARDING ANY EQUIPMENT, PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICE.  Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply.
  11. LIMITATION OF LIABILITY. Company agrees that neither UniteCraft, nor any officer, affiliate, director, shareholder, agent or employee of UniteCraft will be liable to Company or any third party for any direct, indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs ("Losses") resulting directly or indirectly from Company's use of or inability to use the Service, including without limitation Losses resulting from: (1) mistakes, omissions, interruptions, errors, defects, delays in operation, or any failure of the Service; (2) termination of Company's account pursuant to the terms of this Agreement; (3) disclosure of Company's identity; (4) any allegation, claim, suit or other proceeding based on a contention that use of the Service infringes the copyright, patent, trademark, trade secret or other intellectual property or contractual right of any third party; (5) the failure, or alleged failure, of any Equipment purchased or transferred pursuant to or by use of the Service, or failure of Equipment to perform or conform to any specifications or terms, whether published on the Service or elsewhere; (6) the failure of any Seller to deliver Equipment, failure of any Buyer to pay, any delay in shipment or payment, any breach or alleged breach of any warranty, covenant or other term, express or implied, relating to any transaction; (7) acts or omissions of a third party's performance engaged by Company to perform services, including without limitation removal, shipping and loading; or (8) any delay or failure of UniteCraft to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond UniteCraft's control. If, notwithstanding the foregoing exclusions and limitations, it is determined that UniteCraft or its officers, directors, stockholders, agents, subsidiaries or employees for any liabilities under the Agreement, UniteCraft’s aggregate liability will in any circumstances be limited to the amount of fees or commissions collected by UniteCraft from Company with respect to the transaction(s) to which the dispute pertains.
  12. Indemnification. Company agrees to indemnify, defend and hold harmless UniteCraft, its affiliates, directors, officers, shareholders and employees, from any claim or demand, including attorneys' fees, due to or arising out of Company's use of the Service, Company's violation of this Agreement, the infringement, misappropriation or other violation by Company or any other party using Company's password, of any right of any party, Company's possession, purchase, use or transfer of Equipment (including, without limitation, personal injury or property damage related thereto), failure to consummate a sale, the breach of any of Company's warranties, any product or item processed or manufactured with or by Equipment, or any violation of any terms or conditions.
  13. Termination and Effect. UniteCraft may modify or terminate access to the Service, with or without cause, at any time without liability to Company or any third party. Termination shall be accompanied by a written or electronic notice to the other party. Should Company object to any of the terms or conditions of this Agreement or any subsequent modification, or become dissatisfied with the Service, Company's sole recourse is to terminate use of the Service. Upon termination, Company's right to use the Service immediately ceases and Company acknowledges and agrees that UniteCraft may immediately delete the files in Company's account and bar further access to such files or the Service. UniteCraft may terminate Company's password or use of the Service if Company fails to use the Service at least once during any three (3) month period. 
    Upon termination, Company will: (1) pay all outstanding fees due to UniteCraft within thirty (30) days of termination; (2) perform its obligations under all outstanding offers, sales, purchases or services commissioned; and (3) not disclose any information UniteCraft has designated as confidential and 4) continue to be obligated on the provisions of this agreement as it relates to transactions conducted via the Service.
  14. Notices. All notices shall be in writing and may be delivered via email to notices@UsedBreweryEquipment.com for notices to UniteCraft, or to the email address specified by Company for notices to Company, or to such other email address as a party may specify. UniteCraft may also broadcast notices or messages on the UniteCraft web site, such broadcast shall constitute notice to Company.
  15. Dispute Resolution: In the event of any dispute, claim, question, disagreement or breach arising from or relating to this agreement, including but not limited to Seller's rejection of returned goods, Buyer's or Seller's Acceptance or Rejection of an item and/or Cancellation of the sale, Buyer and Seller hereby agree to use their best efforts to consult and negotiate in good faith for the Negotiation Period, as defined below, to reach a solution satisfactory to all parties. If the parties reach an agreed upon resolution, Buyer and Seller will promptly notify UniteCraft in writing by joint instruction of the terms and conditions thereof. The following shall be referred to herein as the "Dispute Date": (1) the Seller's Rejection of Return of the item on the UsedBreweryEquipment.com website; or (2) UniteCraft rejecting sale items on behalf of the Seller if the Seller is unable to gain access to the UniteCraft website. The fourteen (14) calendar days beginning with the Dispute Date shall be referred to as the "Negotiation Period". If Buyer and Seller do not reach an agreed upon resolution and notify UniteCraft of the same in writing by a joint instruction during the Negotiation Period either Buyer or Seller shall submit the matter to binding arbitration within fourteen (14) calendar days after the end of the Negotiation Period. This second fourteen-day period shall be referred to herein as the "Arbitration Commencement Period". Notice that such arbitration has been commenced shall be promptly given, via e-mail, by the party commencing arbitration to the other parties and UniteCraft. Before Buyer initiates a submission to arbitration, Buyer must return the item received by Buyer to Seller. If UniteCraft has not received notice that binding arbitration has been commenced within the Arbitration Commencement Period, UniteCraft may terminate or cancel the sale and refund the funds to the Buyer, less the fees if Buyer used escrow.com for payment, in accordance with this agreement. UniteCraft reserves the right (but has no obligation) to commence arbitration, or to interplead the funds with a court of competent jurisdiction at any time. In this case, Buyer and Seller authorize UniteCraft to use the funds to pay the administrative fees to initiate arbitration or to file a judicial action and process service of the summons and complaint. The party instituting the arbitration proceeding shall notify UniteCraft and the other parties by sending notice of demand for binding arbitration to the non-filing parties. Buyer and Seller agree to accept service of the notice of demand for binding arbitration via e-mail (via the e-mail addresses previously provided to UniteCraft by Buyer and Seller and further agree that no further notice is necessary to have their dispute submitted to binding arbitration by either Buyer or Seller, or UniteCraft pursuant to this Section. Any such binding arbitration shall be submitted by the party commencing the arbitration either to American Arbitration Association ("AAA") or Judicial and Mediation Services, Inc. ("JAMS"), or Net-ARB Inc. (“net-ARB”). It is the obligation of Buyer and Seller to perform their own due diligence and to review the websites and other sources of information available from AAA, JAMS and/or Net-ARB prior to any selection they may consider as the terms, procedures and prices of the respective arbitrators may vary. The arbitration shall take place within the State of California, County of Orange, unless Buyer, Seller, and UniteCraft all agree otherwise in writing to a different arbitration provider or venue. In addition to the fact that Buyer and Seller agree to have any dispute, claim, question, disagreement or breach arising from or relating to this agreement be determined through binding arbitration, Buyer and Seller also agree that any issue that may arise regarding the arbitrability of any dispute sent to arbitration under this section shall be determined by the arbitrator alone. Unless Buyer, Seller, and UniteCraft all agree otherwise the arbitration shall be conducted before a single arbitrator who is a member of AAA, JAMS, or net-ARB, (the "Arbitration Provider"). The party initiating the arbitration will make a written request to the Arbitration Provider, including a copy of this arbitration provision (the "Arbitration Request"). The Arbitration Request will include a notice with the names of Buyer and Seller and UniteCraft, and the last known mailing addresses, telephone numbers, facsimile numbers, email addresses and contact person for each and every party. The Arbitration Request will be delivered concurrently to all parties, including UniteCraft. Although UniteCraft will be provided notice of the Arbitration Request and notice of the final award or decision of the arbitrator, UniteCraft will not be an actual party to the arbitration proceeding to resolve the dispute between Buyer and Seller unless UniteCraft voluntarily elects to intervene. The Arbitration Request will instruct the Arbitration Provider to select an arbitrator pursuant to the Arbitration Provider’s procedures existing at the time of the Arbitration Request. If the Arbitration Provider does not have an existing procedure for selecting an arbitrator the Arbitration Request will instruct the Arbitration Provider to randomly propose the name of three potential arbitrators and for the Arbitration Provider to submit those three names to all parties concurrently (the "the Arbitration Provider List"). No party may request to the Arbitration Provider that any particular arbitrator be included on the Arbitration Provider List. Any arbitrator specifically requested to be on the Arbitration Provider List is to be excluded. Each party may, within five days after receipt of the proposed names, strike and exclude one name from the list. Thereafter, the Arbitration Provider shall appoint as arbitrator a person whose name has not been struck from the list ("the Arbitration Provider Appointment") and an alternate. If for any reason the Arbitration Provider does not appoint an arbitrator within 15 business days of the submission by any party of its exclusion, either party may petition the Orange County Superior Court, Santa Ana, California for the appointment of an arbitrator. Within 10 calendar days after the appointment of the arbitrator, the arbitrator will schedule a pre-arbitration hearing, which will be conducted by telephone and shall be held within the next ten business days. The arbitrator shall have the power to enter a default award if a party fails to participate in the arbitration. Unless Buyer and Seller and UniteCraft agree otherwise as set forth herein, the arbitration hearing shall take place in the County of Orange, State of California, at a date, time and location selected by the arbitrator. The actual arbitration hearing must be commenced within 120 days after notice of the identity of the arbitrator is served (by either the Arbitration Provider or the Superior Court as the case may be). The hearing must be concluded within 90 calendar days after it is commenced. A decision shall be rendered within 10 calendar days after the conclusion of the hearing. The arbitrator shall establish any deadlines necessary to accomplish these time requirements. Each party to the arbitration shall pay a pro-rata share of the arbitrator's expenses and fees, and the other arbitration expenses incurred or approved by the arbitrator, excluding attorney fees, witness fees, and other expenses incurred by a party for his or her own benefit. Because UniteCraft is not a party to a dispute between Buyer and Seller, UniteCraft will not be responsible for any portion of the arbitration expenses and fees. The parties shall estimate their costs and pay their estimated share before commencement of the arbitration. Any extra arbitration costs shall be paid within ten business days after the close of the proceeding and before the award. A party that fails to pay its share shall not be allowed to participate in the arbitration. If a party fails to pay its share, the other parties shall pay pro rata the cost of the party that failed to pay. The arbitrator shall add such payment to the final award in such a fashion as to return the parties to the position they would have been in, to the greatest extent possible, if all had paid their share. The arbitrator may award the prevailing party his or her expenses and fees of arbitration, including reasonable attorney fees and witness fees, in such proportion as the arbitrator decides. Except as otherwise set forth in this Agreement, the arbitrator shall have the powers to determine the nature and extent of any discovery to be allowed and also will have all other powers provided in California Code of Civil Procedure sections 1282-1284.3. Buyer and Seller understand and agree that failing to respond or otherwise comply with either party's or UniteCraft's notice/demand for binding arbitration pursuant to this section and/or failing to participate in the arbitration process will without notice result in forfeiture of any and all rights that the non-responding Buyer or Seller may have with regard to the subject matter of the dispute, including but not limited to rights Buyer or Seller have to the sales funds and or any property associated therewith returned or distributed to them, and can result in a default judgment against such party. Any award in such arbitration shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction. The arbitrator will be instructed to serve a copy of the final award or decision and UniteCraft will comply with the arbitrator's final award or decision. In the event of a dispute, Buyer and Seller are aware that no action on closing the sale will be taken on the part of UniteCraft until such time as the dispute is resolved except by either: (i) UniteCraft's receipt of a written notice of a joint instruction providing the terms of an agreed upon resolution; or (ii) an order of the arbitrator or a court of competent jurisdiction in response to Buyer's or Seller's or UniteCraft's action to institute binding arbitration in accordance with these Instructions; or (iii) the order of the arbitrator or a court of competent jurisdiction in response to UniteCraft's action for interpleader or other legal or equitable remedies. UniteCraft shall have no responsibility and/or liability to initiate and/or continue to update either party regarding status of the sale, arbitration or other legal proceeding. If instructed and all fees (the amount as set forth in the Terms of Use in effect at the time) are paid in advance, UniteCraft will place funds into an interest bearing account with no further authorization required for same. The disposition of the interest earned shall be decided concurrently with the resolution of the dispute. THE OBLIGATION OF UniteCraft, THE SALE FUNDS HOLDER AND THEIR AFFILIATES SHALL BE LIMITED TO THE HOLDING AND DISBURSEMENT OF FUNDS UPON WRITTEN INSTRUCTIONS SIGNED BY ALL PARTIES OR AN AWARD FROM THE ARBITRATOR AND/OR JUDGE. UniteCraft may, in its sole discretion, institute the binding arbitration procedures set forth above and/or any other legal proceedings (including interpleading the funds with a court of competent jurisdiction) to resolve any dispute arising from a sales between Buyer and Seller and/or related to Buyer's and Seller's respective use of the UniteCraft site. Notwithstanding any other provision in this agreement to the contrary, and regardless of whether UniteCraft is identified as a party to any arbitration or other dispute governed by this section, nothing herein shall be construed to limit UniteCraft's legal and/or equitable rights, including but not limited to the filing of an interpleader action in any court of competent jurisdiction.
  16. Timing of Payment: All sale funds due to the Buyer or Seller shall be paid as soon as possible following the Buyer's acceptance, Seller's acceptance, or the resolution of a dispute. In the event that Buyer makes any form of over payment, we shall reimburse the over payment upon the close of the sale. In the event that Buyer or Seller is overpaid for any reason, Buyer and Seller agree to promptly return the funds to UniteCraft. The payee agrees to pay any postage costs and/or wire fees if an alternate payment is requested. Buyer and Seller shall also hold UniteCraft harmless from any loss that may arise due to currency conversion.
  17. Finality of Payment: Upon any payment or other disposition of the sale funds, the sale shall be deemed closed and final with no further obligation on the part of Buyer, Seller, or UniteCraft. If after a sale is closed and UniteCraft has distributed fund proceeds, a Buyer who has made a payment with a credit card instructs a credit card company to stop payment or make a charge back so that UniteCraft does not receive the payment from the credit card company or the previous credit from the credit card company is reversed or “charged back”, said action by Buyer is deemed to be a material breach of this agreement. The parties agree that if such a breach does occur after the sale closes liquidated damages in the amount of the stopped payment, reversal or charge back plus an additional $5,000 will be imposed (“Liquidated Damages”). The parties agree the Liquidated Damages amount set forth herein is reasonable in light of (1) the anticipated or actual harm caused by the breach; (2) the difficulties of proof of loss; and (3) the inconvenience or non-feasibility of otherwise obtaining an adequate remedy.
  18. Sale Funds: Unless otherwise requested as specified herein, Sale Funds in UniteCraft Trust Account do not earn interest for Buyer or Seller. If Buyer or Seller anticipate an extended period of time before the sale close, Buyer or Seller may request in writing by email, and UniteCraft may approve, an instruction to have UniteCraft place the sale funds into an interest bearing account for benefit of the Buyer or Seller, as agreed upon in writing by all parties in compliance with California Financial Code Section 17409, (a "Special Account"). Said account shall be established at the bank wherein all UniteCraft trust monies are deposited. If this request is approved by UniteCraft, a one-time nonrefundable advance service charge of $100.00 will be charged to the party to whom the interest is due and payable.
  19. Communication Between Parties: Unless otherwise agreed upon by all parties, all communication from UniteCraft to Buyer and Seller may be by email to the last address provided in the user profile. Buyer and Seller agree to use the UniteCraft site to verify the accuracy of all email communications from UniteCraft. In accordance with California Civil Code Section 1633.15, an electronic record shall be deemed to be sent when the information is properly addressed or directed to its intended recipient, and either: (1) enters an information processing system outside the control of the sender; or (2) enters a region of an information processing system that is under the control of the recipient. If a party is unable to use the UniteCraft site after the sale is created and the terms agreed on, a party may contact UniteCraft by telephone at +1-949-939-9026 during the hours of 8:00 a.m. to 4:00 p.m., Pacific Time, to make arrangements for alternative methods of signature and acknowledgment.
  20. Our Rights and Disputes: If we believe in our sole, good faith opinion that the sale violates the terms of this agreement, or the sale violates or is likely to violate any applicable law, rule or regulation, then we may terminate the sale and seek court-ordered protection of the sale funds in a court of competent jurisdiction by any court-ordered means, including but not limited to, an impound account and/or institution of a receiver. If any dispute arises between the Buyer and Seller and such dispute is not resolved within a reasonable time, or if any conflicting demand shall be made upon UniteCraft, UniteCraft shall not be required to take any action until such time as UniteCraft receives written instructions signed by all parties. UniteCraft may take such action including but not limited to the institution of an arbitration proceeding or the filing of a judicial action as UniteCraft, in its sole discretion, elects to do. If UniteCraft is compelled to initiate arbitration and/or judicial proceedings to enforce the terms of this agreement including but not limited to any action to collect unpaid fees and/or enforce judgments in any jurisdiction UniteCraft will be entitled to reimbursement of attorney fees and costs incurred.
  21. General. In the event that any provision of this Agreement is determined to be invalid, unenforceable or void, the parties agree to allow a court or arbitrator to replace such provision with a valid provision, which is as similar as possible to the provision replaced. UniteCraft's failure to act with respect to a breach shall not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the California and Colorado, without reference to provisions governing choice of law. Company hereby consents to exclusive and personal jurisdiction in the state and federal courts located in Orange County, California. This Agreement (including the UniteCraft Buyer Terms of Service and/or the UniteCraft Seller Terms of Service, as applicable) and any modifications hereto made in accordance with Section 2 of this Agreement constitute the entire agreement between the parties as to the subject matter hereof. Nothing contained herein shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers, franchisers or franchisees, or partners for any purpose.

Used Brewery Equipment, Inc.
Email: support@UsedBreweryEquipment.com

Buyer Terms of Service

Buyers Agreement

Buyer's Terms of Service: Unite Craft, Inc.

  1. THESE BUYER’S TERMS OF SERVICE ("Company’s Terms") ARE PART OF AND INCORPORATED INTO THE SITE USAGE TERMS AND CONDITIONS, WHICH IS A LEGAL AGREEMENT BETWEEN THE BUSINESS ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT AS THE "BUYER" ("Company") AND USED BREWERY EQUIPMENT, INC. ("UniteCraft"). BY USING THE UniteCraft SERVICE (the "Service") FOR THE PURCHASE OF USED AND NEW BREWERY EQUIPMENT (the "Equipment"), COMPANY IS AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THESE BUYER’S TERMS AND THE SITE TERMS AND CONDITIONS (together, the "Agreement"). All capitalized terms used and not defined in these Company’s Terms will have the meanings given to them in the Site Usage Terms and Conditions.
  2. Offers: Company may offer to purchase listed Equipment (an "Offer"). Each Offer is a valid and irrevocable offer to purchase the Equipment for the amount of the Offer until the listing is removed or an Offer is rejected by the Seller ("Sales Period"). A Offer cannot be withdrawn except in exceptional circumstances (e.g. clear typographical errors), as determined by UniteCraft in its sole discretion. All Offers shall be in U.S. Dollars unless otherwise required by the Listing, and shall be subject to Seller's terms of sale, if any. If Company has made an Offer acceptable to the Seller then Company is obligated to complete the transaction in accordance with the terms of the listing and/or the seller's terms of sale, if any. UniteCraft also charges a buyer's premium at the time of sale, which is an additional charge above and beyond the equipment Offer. ALL EQUIPMENT IS SUBJECT TO INTERNAL REDEPLOYMENT, CANCELLATION OF LISTING OR OTHER SALE PRIOR TO FORMAL ACCEPTANCE BY THE SELLER. THE FORMAL ACCEPTANCE IS SUPPORTED BY (1) THE RECEIPT OF AN INVOICE, (2) THE EXECUTION OF THE SELLER TERMS BY BOTH THE SELLER AND THE COMPANY AND (3) THE COMPLETION OF ALL INTERNAL DOCUMENTATION REQUIRED FROM THE SELLER IN ORDER TO RELEASE THE EQUIPMENT. THE COMPANY SHOULD NOT RELY ON OTHER VERBAL OR WRITTEN FORMS OF COMMUNICATION REGARDING OFFERS UNLESS THERE IS SPECIFIC TERMS OF SALE THAT STATE OTHERWISE.
  3. Payment: Accepted offers must be paid to UniteCraft or to UniteCraft payment partner Escrow.com, (both on behalf of the seller) no later than five (5) calendar days after the Company is invoiced for their purchase unless specified otherwise. All payments must be made by wire transfer or Credit Card (if 3,000 or less). Credit Card will have a 3.05% convenience fee added to the buyers invoice. Payment made to UniteCraft will be deposited in a Unite Craft, Inc. Trust Account maintained by UniteCraft (the "UniteCraft Trust Account"). UniteCraft Trust Account deposits do not earn interest for Buyer or Seller. UniteCraft Trust Account protects Buyers and Sellers transactions by acting as a trusted third-party that collects, holds, and only disburses funds when both Buyers and Sellers contractual obligations are satisfied. This ensures that your transaction is protected against chargebacks, fraud or wrongly described goods. Payment made to UniteCraft payment partner Escrow.com will follow Escrow.com Terms of Use as shown on their website. No Equipment will be shipped until payment has been received in full, including fees and applicable taxes, if any. If Company fails to pay for its purchase, or cancels its purchase other than as expressly permitted in this Agreement, UniteCraft reserves the right to cancel the purchase and charge an administration fee equal to 5% of the accepted offer, in addition to the Buyers marketplace fee, and may suspend or terminate a Company's account without further notice, in addition to any other remedy either UniteCraft or the seller may have. If Company fails to pay because its funds were returned or rejected, UniteCraft may charge a returned check fee of $100.00, as well as the other fees mentioned earlier in this paragraph. In addition, amounts not paid when due will bear a finance charge at a rate equal to the lesser of one and one half percent (1.5%) per month or the highest rate permitted by law, calculated from the first day a payment is past due. If any amount is not paid when due hereunder, UniteCraft shall be entitled to recover from Company the costs and expenses incurred in connection with collecting the same (including without limitation costs of investigation and attorneys fees).
  4. Taxes: Unless itemized separately on your invoice, THE BUYER IS SOLELY RESPONSIBLE FOR ALL APPLICABLE TAXES ASSOCIATED WITH THEIR PURCHASE. Buyers claiming tax exempt status will be required to complete additional documents in accordance with state law allowing such exemptions. Specific forms and details will be provided to the buyer during the payment process. Tax exempt paperwork requires UniteCraft to have the buyers EIN (Tax ID Number) on file and if buyer resell the equipment, a valid Resale Certificate. If buyer purchase brewery equipment, but intend to resell it, the transaction is not subject to sales or use tax provided the sale is properly documented. UniteCraft will ask buyer to provide a valid Resale Certificate as proof that the property is being purchased for resale.
  5. Inspection Period: The Buyer has fourteen (14) days to inspect the item prior to taking possession. Once the Buyer funds the sale transaction, and the funds are confirmed secured, the Buyer and Seller information will be exchanged by email or phone. The Buyer and the Seller will then arrange for the inspection. The Buyer has the following acceptance options:
    1. Accept Sale. Buyer inspects the item(s), and accepts the item(s) and terms of the sale, or the Buyer opts not to inspect the equipment and considers the equipment good AS IS, and accepts the item(s) and terms of the sale.
    2. Not Accept Sale. Buyer inspects the item, and does not accept the item(s) and terms of sale. The Buyer has the right to refuse the sale if the item(s) condition or terms of sale do not match the marketplace information. The Buyer will inform UniteCraft in writing within five (5) days the reason for not accepting the item. UniteCraft will refund the entire Buyers funds (including marketplace fee and any taxes, if applicable) within five (5) business days by ACH or Wire.
  6. Buyer's Acceptance, Disbursement of Funds: The Buyer’s Acceptance occurs at the point of ownership transfer. Unless otherwise agreed to in writing between the Buyer and the Seller, ownership transfer take place when the Buyer takes possession of the equipment at the Seller’s location. The Buyer’s funds are held for a transaction grace period of ten (10) calendar days from the date of ownership transfer and then released to the Seller using ACH money transfer
  7. Pick up policy: All items purchased must be SCHEDULED for pick up within 5 business days from receipt of payment, unless given specific written permission by UniteCraft to extend that time. If Company has not made arrangements to pick up the item in that time frame, Company will be subject to additional storage charges that must be paid prior to Company picking up the purchased items. UniteCraft also reserves the right to cancel the sale if the item has not been scheduled for pick up within 15 business days from receipt of payment. Furthermore, unless previous written arrangements have been agreed upon with the Seller, UniteCraft reserves the right to cancel the sale if the item has not been physically removed from the Seller's property within 30 days or as posted in the Listing from the receipt of payment. In such case, UniteCraft will consider the equipment to have been abandoned as outlined in the Abandonment Policy.
  8. Changes of Events Post Invoice: During the Inspection Period, if item invoiced is discovered to be different from the information provided on the listing, the Buyer will in good faith attempt to work out with the Seller an arrangement satisfactory to all parties. If such arrangement cannot be made and the Buyer has not accepted the resolution proposed by the Seller, then the seller may simply cancel the invoice or portion of the invoice related to the item in question and UniteCraft will refund the appropriate money to the Buyer.  The Buyer can notify the Seller by selecting the "Reject" in the listing's “more options” section of the My UniteCraft Buyer tab section on the UsedBreweryEquipment.com website and following all other instructions to properly reject the item. Upon such rejection, UniteCraft will send Seller an email stating Buyer's decision to reject the item. Unless there is an acceptable resolution between the Buyer and the Seller, the Buyer is aware that the sale item must be returned to the Seller in order for funds to be returned to the Buyer. Shipping costs for returned item must be arranged between the Buyer and the Seller and completed within ten (10) days of Buyer's rejection. Failure of Buyer to return the item within the specified time period will cause UniteCraft to automatically pay the Seller the purchase price less any fees. No other claims for replacement of affected items, damages or expenses incurred shall be the responsibility of the seller. If the Buyer selected escrow.com for the payment option, the Buyer is 100% responsible for the escrow fee in the event the sale is canceled, or the item is returned.
  9. Risk of Loss: Once the title to purchased equipment has transferred to the Buyer, the Buyer assumes full responsibility for risk of loss. Transfer of title typically occurs once the Equipment leaves the Seller’s location but transfer may occur earlier if specified by a Seller’s Sales Agreement. Risk of loss will occur as a result of removal, loading or freight damage, by theft, or by delayed delivery. Typically there is only a limited reimbursement policy from freight forwarders or removal vendors or other service providers hired to perform services. Reimbursements for damage caused by such service providers typically do not cover the full value of the equipment and reimbursement is often limited to their compensation received unless specific add-on insurance is purchased. Buyer should carefully review contracts with regard to liability with all service providers hired and the Buyer should ensure that they have adequate insurance protection and/or is willing to assume risk of loss.
  10. Additional Services: Buyers may also use UniteCraft’s services to coordinate removal, rigging, packing prep, loading and shipping as well as project management, refurbishment, installation and/or other services. It is the Buyer’s responsibility for having adequate insurance coverage to protect their property against all types of loss. Without the purchase of the specific additional insurance, Buyer is assuming all risk relating to the Equipment once title is transferred to Buyer.
  11. Additional Terms: The sale of equipment is intended to be sold without software or other proprietary intellectual property including but not limited to manuals (“Software”), if any is applicable. In the event that Software is included as part of the equipment sale, notwithstanding the disclaimers set forth above, neither UniteCraft nor the Seller make any representations or warranties regarding the Buyer’s right to use such Software, the performance of the Software, its non infringement or otherwise. In such circumstances, it is recommended that the Buyer contact the Software manufacture directly to secure a proper license and/or resolve any issues with its use prior to submitting an Offer.
  12. Limits of Liability: ALL TERMS AND CONDITIONS GOVERNING ANY TRANSACTION SHALL BE EXCLUSIVELY BETWEEN SELLERS and BUYERS. COMPANY IS RESPONSIBLE FOR VERIFYING THE TRUTH OR ACCURACY OF ALL LISTING INFORMATION. COMPANY SHOULD CAREFULLY REVIEW THE TERMS AND CONDITIONS CONTAINED IN THE LISTING AND THE SELLER'S SPECIFIC TERMS OF SALE IF APPLICABLE TO DETERMINE WHETHER THE TERMS MEET COMPANY'S NEEDS. ALL SALES ARE "AS IS", "WHERE IS", AND "WITH ALL FAULTS", AND COMPANY'S ONLY RECOURSE IS AGAINST THE SELLER. COMPANY HEREBY ACKNOWLEDGES THAT UniteCraft AND SELLER AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUBSIDIARIES AND EMPLOYEES ASSUME NO LIABILITY WITH RESPECT TO THE QUALITY OR QUANTITY OF EQUIPMENT SOLD OR OFFERED FOR SALE OR FOR ANY LOSS OR DAMAGE TO ANY EQUIPMENT DURING SHIPMENT. UniteCraft WILL NOT BE RESPONSIBLE FOR ANY BREACH OF THE TERMS OF ANY TRANSACTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY WAIVES, RELEASES AND DISCHARGES UniteCraft AND SELLER (AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUBSIDIARIES AND EMPLOYEES) FROM ANY CLAIMS, LOSSES, DAMAGES AND EXPENSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO ANY TRANSACTION.

Seller Terms of Service

Sellers Agreement

Seller's Terms of Service: Unite Craft, Inc.

  1. THESE SELLER’S TERMS OF SERVICE ("Seller’s Terms") ARE PART OF AND INCORPORATED INTO THE SITE USAGE TERMS AND CONDITIONS, WHICH IS A LEGAL AGREEMENT BETWEEN THE BUSINESS ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT AS THE "SELLER" (“Company") AND USED BREWERY EQUIPMENT, INC. (“UniteCraft"). BY USING THE UniteCraft SERVICES (the “Service") FOR THE SALE AND EVALUATION OF USED AND NEW BREWERY EQUIPMENT (the "Equipment"), COMPANY IS AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THESE SELLER’S TERMS AND THE SITE USAGE TERMS AND CONDITIONS (together, the “Agreement"). All capitalized terms used and not defined in these Seller’s Terms will have the meanings given to them in the Site Usage Terms and Conditions.
  2. Posting Equipment: By submitting a listing, Company is extending an offer to sell the listed Equipment at the minimum price agreed to by both parties. The sales period ("Sales Period") will be for nine months from the date that the listing becomes active on UniteCraft MarketPlace. The listing will automatically be renewed on a month-to-month basis unless cancelled by the Company. If Company elects to not complete a sale that was agreed to with a Buyer, then Company is obligated to pay UniteCraft all of the fees and commission it would have earned from this transaction. In addition, Company is liable for any commissions applied against the sale price that UniteCraft otherwise would have earned for a period of twelve (12) months following the cancellation of the listing and/or termination of this agreement, that is subsequently sold to a Buyer for whom UniteCraft had introduced the availability of the Equipment being for sale.
  3. Listing Information: Company shall confirm and ensure the accuracy of all information provided by Company with regard to the Equipment. UniteCraft reserves the right to reject any listing or to request modifications to the listing at its sole discretion. Company's Representations/Warranties: Company represents and warrants that: (i) all listing information is complete and accurate; (ii) Company has all right, title and interest in, or the exclusive right to sell, the Equipment; (iii) the Equipment is free from any lien or encumbrance; (iv) the Equipment and listing information does not infringe any third party intellectual property right or violate any law or regulation; and (v) that the Company has disclosed to UniteCraft whether any Equipment has been used for processing or manufacturing any product containing materials that would restrict or otherwise affect subsequent use of the Equipment for any purpose.
  4. Payment: Company authorizes UniteCraft to collect payment on its behalf and to deduct UniteCraft's marketplace fees based on the UniteCraft fee schedule(s) in effect at the time of sale. Collected payment from the Buyer will be deposited in a Unite Craft, Inc. Trust Account maintained by UniteCraft (the "UniteCraft Trust Account"). UniteCraft Trust Account deposits do not earn interest for Buyer or Seller. UniteCraft Trust Account protect Buyers and Sellers transactions by acting as a trusted third-party that collects, holds, and only disburses funds when both Buyers and Sellers contractual obligations are satisfied. This ensures that your transaction is protected against chargebacks, fraud or wrongly described goods. Payment made to UniteCraft payment partner Escrow.com will follow Escrow.com Terms of Use as shown on their website. In a lease arrangement, the sellers money may be paid directly from the leasing firm. UniteCraft may receive additional fees from the Buyer, such as service fees for rigging, removal, shipping and/or buyer’s marketplace fee related to the sale of Company’s Equipment. These charges will be the sole responsibility of the Buyer and will be invoiced directly to the Buyer by UniteCraft.
  5. Taxes: In states where UniteCraft does not have Sales Tax Nexus or is not responsible for collecting taxes, Company is responsible for reporting and remitting all taxes required on said sales. 
  6. Shipping and Tracking of Items: Upon UniteCraft receipt of Buyer's funds, and clearance of same, UniteCraft will notify Seller to release the item to the Buyer or ship the item to the Buyer (depending on the terms of the sale). This notice to Seller shall be accomplished via email which will require the Seller to log on to the UniteCraft website to confirm secured funds. Upon Seller's verification, Seller agrees to release the item to the Buyer. If the Seller is responsible for shipping, the Seller will insure the item for full value to Buyer. Buyer and Seller agree to choose a shipping method that utilizes online tracking information. If Seller is responsible for shipping, Seller shall ship merchandise to Buyer based upon information provided UniteCraft. Seller will be responsible for shipping damage if insurance is not purchased. Seller agrees to complete and submit the shipping information to the UniteCraft website, on the same day on which the item is placed in the possession of the company responsible for shipping. Confirmation of same will be sent via email to all parties, unless all parties lawfully agree to a different method of notification.
  7. Buyers Acceptance, and Disbursement of Funds: The Buyer’s Acceptance occurs at the point of ownership transfer. Unless otherwise agreed to in writing between the Buyer and the Seller, ownership transfer take place when the Buyer takes possession of the equipment at the Seller’s location. The Buyer’s funds are held for a transaction grace period of ten (10) calendar days from the date of ownership transfer and then released to the Seller using ACH money transfer
  8. Limitation of Liability: COMPANY WILL BE SOLELY RESPONSIBLE FOR, AND WILL PROVIDE TO THE BUYER, ALL TERMS AND CONDITIONS OF SALE WITH REGARD TO EQUIPMENT INCLUDING IF COMPANY DESIRES SUCH TERMS TO BE DIFFERENT THAN THE BUYER TERMS OF SERVICE AGREED TO BY THE BUYER VIA UniteCraft’S WEBSITE (BUYER TERMS”). COMPANY AGREES THAT ALL TERMS AND CONDITIONS GOVERNING ANY TRANSACTION ARE EXCLUSIVELY BETWEEN THE COMPANY AND BUYERS. COMPANY HEREBY ACKNOWLEDGES THAT UniteCraft AND ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUBSIDIARIES AND EMPLOYEES ASSUME NO LIABILITY WITH RESPECT TO THE QUALITY OR QUANTITY OF EQUIPMENT SOLD OR OFFERED FOR SALE OR FOR ANY LOSS OR DAMAGE TO ANY EQUIPMENT DURING SHIPMENT. UniteCraft WILL NOT BE RESPONSIBLE FOR ANY BREACH OF THE TERMS BY THE BUYER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY WAIVES, RELEASES AND DISCHARGES UniteCraft (AND ITS OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUBSIDIARIES AND EMPLOYEES) FROM ANY CLAIMS, LOSSES, DAMAGES AND EXPENSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO ANY TRANSACTION. COMPANY AGREES TO DEFEND, INDEMNIFY, AND HOLD UniteCraft HARMLESS FROM AND AGAINST ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RESULTING FROM THE USE OF THE SERICES BY COMPANY, ITS EMPLOYEES, AGENTS, CUSTOMERS, OR INDEPENDENT CONTRACTORS.
  9. Termination: This Addendum may be terminated: (a) by either party, upon thirty (30) days prior written notice to the other, provided that there is no active Listing; (b) by UniteCraft, immediately in the event that it ceases to operate the Services; (c) by either party, in the event the other party materially breaches a provision of this Addendum and the breaching party fails to cure such breach within thirty (30) days of the receipt of notice of such breach from the non-breaching party. Upon termination of this Addendum for any reason, all rights and obligations of the parties hereunder which by their express terms or nature are intended to survive any termination or expiration of this Addendum will survive.

Privacy Statement

Privacy Notice

Unite Craft, Inc. (UniteCraft) has created this Privacy Notice in order to demonstrate our firm commitment to privacy and to describe UniteCraft privacy practice. The following discloses our information gathering and dissemination practices for our website services: www.UsedBreweryEquipment.com.
This Privacy Notice applies to www.UsedBreweryEquipment.com website, application and service which references this Privacy Notice. Where users provide us with user information in any of the ways described in section 2 below, users agree that we may collect, store and use it: (a) in order to perform our contractual obligations to users; (b) based on our legitimate interests for processing (i.e. for internal administrative purposes, data analytics and benchmarking (see section 3 below for more information), direct marketing, maintaining automated back-up systems or for the detection or prevention of crime); or (c) based on users consent, which users may withdraw at any time, as described in this Privacy Notice.

  1. Who we are

This Privacy Notice applies to all applications and services offered by Unite Craft, Inc. (UniteCraft) (a company incorporated in Fort Collins, CO), but excludes any products, applications or services that have separate privacy notices which do not incorporate this Privacy Notice.

  1. How we collect information

As users browse our website, cookies will be placed on user computer so that we can collect information about user visit, which is stored as anonymous, aggregate data. We use users IP address to help diagnose problems with our server, analyze trends, and administer our website. Users IP address is not linked to personally identifiable information but is used to gather broad demographic data and to monitor statistics to improve our website and services.
Our site's registration, marketplace and commerce applications and/or services requires users to give us contact information.  The contact information may include users name (including business name, addresses, business information, financial information, contact (including telephone number and email address) and marketplace listing (selling or buying) information and text and verbal information exchange.
We will also collect users information where users only partially complete and/or abandon any information inputted into our marketplace commerce website and/or other online forms and may use this information to contact users to remind users to complete any outstanding information and/or for marketing purposes.
We also collect information from users devices (including mobile devices) and applications users use to access and use any of our websites, applications or services (for example, we may collect the device identification number and type, location information and connection information such as statistics on users page views, traffic to and from the sites, referral URL, users IP address, users web log information). We may do this using cookies or similar technologies.
We may enhance users information we collect from with information we obtain from third parties that are entitled to share that information; for example, information from credit agencies, search information providers or public sources (e.g. for customer due diligence purposes), but in each case as permitted by applicable laws.
If users provide UniteCraft with information about someone else (electronically or verbally), users are responsible for ensuring that users comply with any obligation and consent obligations under applicable data protection laws in relation to such disclosure. In so far as required by applicable data protection laws, users must ensure that they have provided the required notices and have obtained the individual’s explicit consent to provide us with the information and that the users explain to them how we collect, use, disclose and retain their personal information or direct them to read our Privacy Notice.

  1. How we use users information

To the extent permissible under applicable law, UniteCraft use users information to:

  1. provide any information and services that users have requested or any applications or services that users have ordered;
  2. compare information for accuracy and to verify it with third party;
  3. provide, maintain, protect and improve any applications, products, services and information that users have requested from us;
  4. manage and administer users use of applications, products and services users have asked us to provide;
  5. manage our relationship with users (for example, ordering, listing, service products, customer services and support activities);
  6. monitor, measure, improve and protect users generated content, website, applications and services and provide an enhanced experience;
  7. undertake internal testing of our website, applications, systems and services to test and improve their security, provision and performance, in which case, we would cleanse any information used for such purposes, and ensure is it only displayed at aggregated levels which will not be linked back to the users or any living individual;
  8. provide users with any information that we are required to send to the users to comply with our regulatory or legal obligations;
  9. detect, prevent, investigate or remediate, crime, illegal or prohibited activities or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
  10. to monitor, carry out statistical analysis and benchmarking, provided that in such circumstances it is on an aggregated basis which will not be linked back to the users or any living individual;
  11. deliver targeted advertising, marketing (including in-service messaging) or information to users which may be useful to them, based on use of our applications and services;
  12. deliver joint content and services with third parties with whom users have requested and have a separate relationship (for example, social media providers); and
  13. provide users with location- based services (for example, advertising and other personalized content), where we collect geo-location data.

To the extent permitted by applicable law, we retain information about users after the closure of the UniteCraft account. This information will be held and used for as long as permitted for legal, regulatory, fraud prevention and legitimate business purposes.
In addition to the purposes described in this section 3, we may also use information we gather to deliver targeted advertising, marketing (including in-service messaging) or information to users which may be useful, based on the users use of the website, applications or services or any other information we have about the users. (depending on the websites, applications or services, users may able to configure these features to suit users preferences).
We may monitor and record our communications with users, including e-mails and phone conversations. Information which we collect may then be used for training purposes, quality assurance, to record details about our conversation, website, applications and services or ask us about, and in order to meet our legal and regulatory obligations generally.
Data analytics and benchmarking
We may use information generated and stored during users use of our services for our legitimate business interests to enable us to give users the best service and/or solutions and the best experience. These purposes include to:

  1. deliver advertising, marketing (including in-site messaging) or information to users which may be useful to users, based on users use of services;
  2. carry out research and development to improve our services, products and applications;
  3. develop and provide new and existing functionality and services (including statistical analysis, benchmarking and forecasting services); and

Whenever we use users information for our legitimate interests, we will ensure that users information is processed on a de-identification basis and displayed at aggregated levels, which will not be linked back to the users or to any living individual.
The users have the right to object to information processing based on our legitimate interests, and if users wish to do so, please contact us at privacy@UsedBreweryEquipment.com to discuss this further. If users object, this may affect our ability to provide certain services and/or solutions for users benefit.
4. Sharing users information
We may share users information with:

  1. any division within the UniteCraft, for the purposes set out in this Privacy Notice
  2. our service providers and agents (including their sub-contractors) or third parties which process information on our behalf (e.g. internet service and platform providers, payment processing providers and those organizations we engage to help us send communications to the users) so that they may help us to provide users with the applications, products, services and information users have requested or which we believe is of interest to the users;
  3. partners, including system implementers, software vendors and developers that may help us to provide users with the applications, products, services and information they have requested or which we believe is of interest to the users;
  4. third parties used to facilitate payment or financial transactions, for example clearing houses, clearing systems, financial institutions and transaction beneficiaries;
  5. third parties where users have a relationship with that third party and users have consented to us sending information (for example social media sites or other third party application providers);
  6. credit reference and fraud prevention agencies;
  7. any third party in the context of actual or threatened legal proceedings, provided we can do so lawfully (for example in response to a court order);
  8. Government departments where reporting is mandatory under applicable law.

5. Marketing
From time to time, we may use users information to contact users with details about our applications, products and services which we feel may be of interest to users. Users can also unsubscribe from any email marketing using the links provided in the emails we send to users.
6. Changes to our privacy notice
We may change this Privacy Notice from time to time. However, we will not reduce users rights under this Privacy Notice. We will always update this Privacy Notice on our website, so please try to read it when users visit the website (the ‘last updated’ reference tells users when we last updated this Privacy Notice).
7. Security and storage of information
We will keep users information secure by taking appropriate technical and organizational measures against its unauthorized or unlawful processing and against its accidental loss, destruction or damage. We will do our best to protect users personal information, but we cannot guarantee the security of users information which is transmitted to our website, applications or services or to other website, applications and services via an internet or similar connection. If we have given users (or users have chosen) a password to access certain areas of our websites, applications or services please keep this password safe – we will not share this password with anyone.

If users believe users account has been compromised, please contact us at Privacy@UsedBreweryEquipment.com.
8. Cookies, Analytics and Traffic Data
Cookies are small text files which are transferred from our websites, applications or services and stored on users device. We use cookies to help us provide users with a personalized service, and to help make our websites, applications and services better for users.
Our cookies may be session cookies (temporary cookies that identify and track users within our websites, applications or services  which are deleted when users close users browser or leave users session in the application or service) or persistent cookies (cookies which enable our websites, applications or services  to “remember” who users are and to remember users preferences within our websites, applications or services  and which will stay on users computer or device after users close users browser or leave users session in the application or service).
We use the following different types of cookies:
Strictly necessary cookies
These are cookies which are needed for our websites, applications or services to function properly, for example, these cookies allow users to access secure areas of our website or to remember what users have put into users shopping basket.
Performance cookies and analytics technologies
These cookies collect information about how visitors and users use our websites, applications and services, for instance which functionality visitors use most often, and if they get error messages from areas of the websites, applications or services. These cookies don't collect information that identifies a visitor or users. All information these cookies collect is aggregated and therefore anonymous. We only use these cookies to improve how our website, applications and services work.
Functionality cookies
These cookies allow our websites, applications and services to remember choices users make (such as users name, language or the region users are in) and provide enhanced, more personal features. These cookies can also be used to remember changes users have made to text size, fonts and other parts of web pages that users can customize. They may also be used to provide services users have asked for. The information these cookies collect may be anonymized and they cannot track users browsing activity on other websites.
IP Address and traffic data
We keep a record of traffic data which is logged automatically by our servers, such as users Internet Protocol (IP) address, device information, the website that users visited before ours and the website users visit after leaving our site. We also collect some site, application and service statistics such as access rates, page hits and page views. We are not able to identify any individual from traffic data or site statistics.
Microsoft Dynamics Software           
UniteCraft uses Microsoft Dynamic for transaction, process and relationship management.  Users can view Microsoft Dynamic privacy statements here which contain details of any cookies and analytics that are used within its platform and services:
https://www.microsoft.com/en-us/TrustCenter/CloudServices/dynamics365/
https://privacy.microsoft.com/en-ca/privacystatement
Constant Contact Software
UniteCraft uses Constant Contact for direct email marketing. Users can view Constant Contact privacy statements here which contain details of any cookies and analytics that are used within its platform and services:
https://www.constantcontact.com/forward/privacy-center
9. Further information
If users have any queries about how we treat users information, the contents of this Privacy Notice, users rights under local law, how to update users records or how to obtain a copy of the information that we hold about users, please send an email to Privacy@UsedBreweryEquipment.com

Abandonment Policy

 

Abandonment Policy

The Abandonment Policy is in regard to Equipment that has not been removed by Buyers in a timely manner after availability of the Item Release.

All matters relating to abandonment are governed by the terms of this Abandonment Policy, and by the Site Usage Terms and Conditions and addendum Buyer Terms and Conditions governing the purchase of the Equipment. This policy applies to all Equipment sold on the Marketplace unless a more specific policy or contractual agreement has been established.
 
Unite Craft Corp. may deem a Buyer's failure to claim and remove Equipment within thirty (30) calendar days following availability of the Item Release to be evidence of Buyer's intention to abandon the Buyer's Equipment. In these instances, Used Brewery Equipment Inc. may take action that is adverse to Buyer's interest in the Equipment, including, but not limited to, steps to dispose of the Equipment on the Buyer's behalf. Disposition of the Equipment may include a variety of approaches and Unite Craft Corp. will determine the appropriate disposition approach which may include:

  • Moving the item from its existing location and disposing of the item as Unite Craft Corp. deems appropriate; or
  • Scrapping the item; or
  • Advertising the item for sale on Unite Craft Inc.'s Marketplace, whereby Unite Craft Corp. will remit the resale amount to the Buyer less Unite Craft Corp.'s expenses, storage*, transportation and other costs, and a 20% administrative fee.

If a Buyer has not removed the Equipment from its existing location within eight (8) business days after availability of the Item Release, the Buyer will be responsible for paying any and all storage fees levied on the Equipment. The maximum storage fees allowed to be levied on Equipment sold through an Unite Craft Corp. Marketplace will be 25.00 (in the listing currency) per day, beginning on the 9th day after availability of the Item Release, with the total amount not to exceed 1,500.00 (in the listing currency).

Revised May 22, 2020