International Business Directory and Auctions

05 Sep. 2008
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Terms and Conditions

Introduction

You may only use our website butnowmarketplace.com (hereafter referred to as the International Market Pace website) and services on the following terms which we advise you to read very carefully. By using the International Market Pace website you agree to be bound by these terms. We value your custom and have gone to considerable effort to create terms that are fair to you and us (International Market Pace). If you do not believe that our terms and conditions are fair, please feel free to make constructive recommendations to us by contacting us through our online contact form with TERMS as the subject line.

We reserve the right to make reasonable changes to these terms as well as any changes caused by circumstances beyond our reasonable control at any time and except in cases of emergency we will endeavour to provide one month’s notice of any changes by posting them on the International Market Place website., you are advised to check the latest terms from time to time. Changes will apply from the date on which they are published.

General interpretation

The headings in these terms are provided for clarity and are not intended to form part of the terms nor effect their interpretation.

If you are more than one legal entity, each individual or legal entity accepts liability jointly and severally under these terms.

References made in the masculine form shall be deemed to include the feminine and neuter forms and vice versa and any reference to the singular shall be deemed to include the plural and vice versa.

The terms and conditions of use on the International Market Place website are to be interpreted exclusively in accordance with US Law and any disputes regarding these terms will be subject to the exclusive jurisdiction of USA courts of law. We make no representation that the International Market Place website and any content thereof complies with the laws of other countries.

It is a condition of membership of the International Market Place website that you are over 18 years of age. By completing the membership application form, you warrant to us that you are over 18 years of age.

Listing display
Once you have paid your fee and we have accepted your listing, it may not be cancelled. We will remind you, by email, from time to time, to ask if you have sold your item. Please respond, to keep our website up-to-date.
We ask you to make sure you remove your listing as soon as you have sold or withdrawn it please.

If users report to us that you have sold or withdrawn an item, we will email you to ask if it is true.

Duration of listing

You pay us a fee according to the rates and for the period appearing on our website at the time of your placement of the order and renewals are at the rate and period applicable at the time of renewal.

Our right to withdraw listings

We reserve the right to amend, reject or withdraw your listing at any time, with or without justification, even after we have approved your listing. If there is no reasonable legal justification (which includes but is not limited to reasonable suspicion of breach of these terms), we will credit you with a reasonable proportion of the listing fee payable (proportionate for the period it is withdrawn) but if it is withdrawn with reasonable justification, no such credit will be given. We also reserve the right to refuse you as a customer at the outset or at any time without notice or justification.

Our role

We are facilitators to allow people to make legal sales and purchases of guns. We are in no way responsible for the transactions effected between buyers and sellers and cannot become involved in any disputes between you. However, we are committed to having a respectable website that is effective for all users and we reserve the right to refuse listings to individuals or businesses that flagrantly breach our terms or abuse our users.

Service availability

Regardless of the above clause, whilst we agree to use reasonable endeavours to ensure a properly functioning, accessible Website, you will appreciate that it is technically impossible to guarantee access to our website 100% of the time or error-free functionality and we will not accept any responsibility for losses resulting from any temporary interruption of or other problems with service. If any errors come to your attention, please notify us immediately and we will endeavour to remedy the problem as soon as reasonably possible.

We need to maintain and improve the site from time to time to ensure you get the best service we can offer. We promise that except in emergencies, scheduled downtime will be at off-peaks times.

Service accessibility

Our Website is designed to be viewable by Microsoft Internet Explorer Version 4, 5, 5.5 and 6 and we do not guarantee performance using any other browser and we are not responsible for the effectiveness of non-text content for your listing. In any event, if you have set your browser to block cookies or reject Java Script, it may affect your use of our Website.

Listing fees

All listings fees if any are listed on our website in the fees section.

Payment terms

All listings are invoiceable and payable when the listing period ends, or when the listing sells, whichever is sooner. All monies due are due in US Dollar.

Payment method

Payments can only be made by PayPal.

Your obligation to submit content online

You must submit your copy for the listing on our website online – please do not include a website address (“URL”) in your listing. Listings with URLs will be withdrawn immediately and you will not be entitled to a refund of your listing fee.

Your warranties regarding listing content

You warrant to us that all copy is accurate, up-to-date and not misleading in any way and that it complies with the standards set by the Advertising Standards Authority and that no content will breach any third party intellectual property rights or be illegal, immoral, offensive or defamatory. In particular, you warrant that any pictures and text are your own copyright and you grant us an irrevocable, perpetual, exclusive, worldwide, royalty-free licence to use such images and text – this means that if you wish to advertise the item elsewhere, you must take fresh pictures. We reserve the right to apply a watermark to images on our website without giving you credit for the fact that you took the picture.

You also warrant that all material you upload to our website is free of any virus, worm, Trojan horse or similar thing and will not materially adversely affect the normal operation of any software or hardware of ours or of any visitor to our Website.

Your warranty regarding right to sell & compliance with laws

You warrant that you will not offer anything for sale which is not or will not on sale be yours to sell and free from any lien or other liability – in other words, you warrant that the item being sold belongs to you and is not subject to rights in favour of anyone else.

You may not offer any item for sale that you are not legally entitled to possess and if you do so and we withdraw your listing you will not be entitled to a refund. If you have any doubt as to the item you wish to list, please use our online contact form and send us information stating exactly what the item is, and we will respond with our decision as to whether the item is acceptable. We reserve the right to prohibit, withdraw, or otherwise delete, any item which we deem to be unacceptable.

Your indemnity

You agree to indemnify us (on a full indemnity basis) against any costs claims and liability arising from any breach of this warranty. You are advised to ensure that before you upload anything other than text to our website, you make sure it has been passed through up-to-date virus preventing software.

Our right to edit content

You acknowledge that we are entitled to edit the content of any listing at our absolute discretion or refuse it for publication.

Customer confidentiality

You will at all times respect the privacy and confidentiality of a potential customer who contacts you through our website.

Username and Password Use

You will be allocated your own unique username and password and you agree to keep your username and password confidential and not to pass it on to any third party for any reason whatsoever. You agree to accept responsibility for anything done or omitted to be done by anyone using your username and password should you breach these terms or permit (accidentally or otherwise) a third party to gain access to your account.

You agree to notify us immediately that you become aware that someone may have unauthorised access to your account. You may not use anyone else’s account at any time.

Privacy

You understand that by displaying the name or email address of a contact in your listing, you are providing personal data to us. As such, you warrant that you have the consent of the person whose name you have given to appear in the listing in compliance with the Data Protection Act 1998 and agree to indemnify us against any costs, claims and liabilities arising from any breach of that Act in the supply of that information. In particular, you warrant that you have informed all people whose name, email address or other personal data you have supplied that by consenting they are acknowledging that they are aware that their personal data will be available worldwide including in jurisdictions where there are no adequate data protection laws.

We, in turn, agree not to use that information other than for the display of the listing or any other Website for which we provide content from time to time and to inform you of our other services and of developments on our website. The terms of our privacy policy apply

No Liability for Viruses, etc

We pass all content of our website through up-to-date virus protection software before uploading it to our website. However, the nature of virus, worms, trojans and other devices that may impact the use of your computer system is that we cannot guarantee that our website and its content are free of them and we cannot accept responsibility for any loss arising from such things. You are therefore urged to make sure that you have up-to-date virus protection software on all parts of your system that may be affected by such an attack and to take appropriate regular backups of your system to minimise any losses that may arise.

Exemptions and exclusions

Neither you nor we are responsible for any breach of these terms insofar as that breach is a result of something beyond our reasonable control but both you and we agree that if that situation arises, we will do everything we reasonably can to overcome that problem as soon as possible.

We are not responsible to you for any indirect loss or for any economic loss or damage arising from any breach of these terms including but not limited to any delay in displaying a listing or any failure to display an listing. Our liability under these terms is in any event limited strictly to twice the amount payable for the particular listing.

General provisions

We may from time to time link to other websites – please do not treat the existence of any links as us endorsing that website. We endeavour not to link to irresponsible websites but cannot intervene in disputes regarding the nature or content of any linked sites or the effect of them on your computer system. The terms of use and privacy policies of those sites will apply to their use.

No representations made to you will have any effect unless they have been confirmed in writing (obviously this clause is not intended to cover any fraudulent misrepresentations). As such, the terms of your order and these terms constitute the entire agreement between us. Unless these terms have been varied by us and confirmed in writing, no attempted variation is effective.

If we do not strictly enforce our rights under these terms at any time, we reserve the right to do so in future both in respect of a particular breach and in respect of any future breach.

Our website terms of use apply to all use of our website.

There terms are not intended to benefit anyone other than you and us.

If you have any queries regarding any of our terms of business, please contact us through our online contact form.
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