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Terms and conditions

Date Posted: 23/8/2010

Date Active:  27/8/2010

 

1 Introduction



These terms and conditions describe the terms and conditions of use, and govern your use, of the website http://www.buzzmart.com(“website”, “site”) that is provided to you by Kwikebid Ltd (“BuzzmartTM”, “we” or “us”). These terms and conditions are legally binding between you and Buzzmart. Access to the services is linked with acceptance of these terms and conditions. Before you become a member of Buzzmart, you must read and accept all of the terms and conditions. The “terms and conditions” is a form of a legal binding agreement between you and Buzzmart. They apply to all Buzzmart domains and sub-domains without any limitation. While using Buzzmart you agree that you will use the services according to these terms and conditions. If any violation of these terms and conditions arises you will compensate Buzzmart fully including legal fees.

If you do not understand these terms and conditions or do not agree with them, do not use the website. Your use and/or continued use of the website and its services will be deemed to constitute your acceptance of these terms and conditions and all of Buzzmart’s rules and restrictions related to its services. Buzzmart has the right to change the terms and conditions any time without prior notification. Changes are immediate and effective as soon as they are posted. Please check back to this page often.  When you decide to use the services provided by Buzzmart you agree to the terms and conditions. You cannot use the services if you are under the age of 18 (by using the services provided by the website you represent and warrant that you are 18 or older), or if you are a member that has been previously suspended or banned from the website. 

 

2 Buzzmart services

 

2.1 Buzzmart allows sellers to advertise and promote their products or services that they have for sale either through bidding auctions or fixed prices. 

2.2 Buzzmart allows sellers to upload pictures and videos of their products in their listings.

2.3 Buzzmart allows buyers to contact sellers regarding the sellers’ listings through private messaging and profile/listing commenting.

2.4 Buzzmart allows buyers to bid on auctions and/or fixed price products or services in listings provided by sellers

2.5 Buzzmart allows all registered users of the website to discuss and interact by using the forum.

2.6 Buzzmart allows general advertising services for advertisers.

2.7 Buzzmart allows all registered users of the website to interact within the micro-blogging area called "My Network".

 

3 Limitations to using Buzzmart.com website and services:

 

YOU CANNOT:

3.1 List your products in the wrong categories.

3.2 Upload, list, email, make available or post content of products or services that are counterfeit or restricted by law in any country including yours.

3.2 Upload, list, email, make available or post content (including products and services, links, photos, videos, comments or any other information) that you do not have permission to, that infringe copyright laws, patents, trademarks or any other rights.

3.3 Upload, list, email, make available or post content (including products or services, links, photos, videos, comments or any other information) that infringe our policies and/or any terms and conditions.

3.4 Upload, list, email, make available or post content (including products or services, links, photos, videos, comments or any other information) that is misleading, harmful, defamatory, inaccurate, vulgar, confidential, abusive, harassing, illegal, threatening or false.

3.5 Upload, list, email, make available or post content (including products or services, links, photos, videos, comments or any other information) that are not permitted by Buzzmart (see section 6).

3.6 Copy, modify, distribute or reproduce any content from Buzzmart, its affiliates or any other website that links to it.

3.7 Share your account, account username/password, account information, previous sales, financial details or any other of your personal or account information that have been entered, used, confirmed or associated with your activities with Buzzmart.

3.8 Try to upload, post, promote or transfer viruses, spam, worms or any type of content or technology that harm the property, services, hardware, software, work, intentions or actions of Buzzmart, its users, or any other parties that operate on the website.

3.9 Try to collect any type of personal information from users, Buzzmart staff, Buzzmart affiliates, the Buzzmart administration team or anyone that interacts and operates with the website.

3.10 Try to manipulate, interfere with and/or disrupt any of our operational functions and services, including but not limited to, credit balances, bid increments, payment processing, bidding rules, top-up and commenting.

3.11 Not delivering items that have been bought from you. If you are suspicious for any reason about the buyer or the transaction and do not wish to carry out the delivery of the item you have listed you should contact the buyer in the first instance and thereafter, if not resolved, Buzzmart using the File a dispute system. 

3.12 Not paying for items you have bought. If you are suspicious for any reason about the seller or the transaction and do not wish to carry out the payment of the item listed you should contact the seller in the first instance and thereafter, if not resolved, Buzzmart using the File a dispute system.

3.13 Creating a new account for persons or entities other than yourself, creating a new account with false information or creating an account if you are below the age of 18.

3.14 Share your account (and) or personal information (and) or password with any other individuals or entities.

3.15 Give, sell or transfer your account to any other individuals or entities.

3.16 Post or promote other user’s personal information.  

3.17 Attack, defame, harass, abuse, spam other Buzzmart users or Buzzmart staff.

3.18 Use our services in ways that can be harmful, illegal or abusive and against our policies and terms.

3.19 Bid on your listings (either by using other accounts or having third parties perform this action) to raise the auction price, promote your listing to hot items, confuse or mislead other prospective buyers.

3.20 Have more than one account without any valid reason. If you wish to create more than one account Buzzmart must be contacted for prior permission to be obtained.

3.21 Upload, list, email, make available or post content (including products or services, links, photos, videos, comments or any other information) that is invading, harassing, defaming, attacking other people’s privacy, race, ethnicity, beliefs, activity, interests or values.

3.22 Impersonate other persons or entities.  

3.23 Registering an account with a username that is pornographic, sexual, racist, abusive,  offensive

 

4 Selling/Buying Rules

 

Buzzmart has a set of rules that govern our users' selling and buying activity. You agree that you will follow these rules. Please view the rules at:

http://www.buzzmart.com/article/help/buyingselling_rules

 

4.1 eBay import: Users can import their eBay listings with just a few clicks. To import your eBay listings you need to verify your eBay account throught the eBay import API. This is done not only for verification but also to fetch your running eBay listings. Upon attaching your eBay account, your eBay feedback is also imported under your profile. We try to import listings in their original form but keep in mind that some elements such as advanced themes and templates may not be possible to do so. Importing eBay listings may take up to 72 hours depending on the amount of import requests being made.

Please note that: These issues are out of our control.

Fixed price listings are imported with infinite durations (Forever) until changed by the user. Having your listings with infinite durations saves you the trouble with relisting them when you do not have to worry about them until a sale is made.

 

5 Prohibited products and acceptance of listings

 

6.1 Buzzmart complies with national and international laws regarding buying and selling products and services online. There are a number of products and services that are prohibited to be posted on the website. Buzzmart has the right to deny your listing if it contains products that are prohibited by national and international laws.

6.2 Buzzmart will review the listings before they are posted on the website. This is done to check if the listings comply with our terms and conditions and that they do not contain items that are listed as prohibited. Usually checks are done within 24 hours.

6.3 Buzzmart has the sole right to deny a listing for any given reason. Denying of a listing can be done in two ways:

1) Listing has been denied but the sellers will be provided with the reason as to why the listing has been denied. This is usually done if minor problems occur such as the seller not providing enough information about the listing or placing the listing in the wrong category. The seller can modify the listing and Buzzmart will do a recheck. If the modifications made are accepted then the listing will be accepted on the website.

2) Listing has been denied and removed and no reason may be given. In such cases the listing will be removed from the website and additional action may be taken such as banning the seller or taking legal action against him/her. This is done if the seller is found to sell prohibited products or services that do not comply with our terms and conditions.

6.4 Buzzmart is under no obligation to provide a reason for denying or removing any listing.

 

6 Multimedia, social networking, micro-blogging, buying/selling and bulletin board services

 

7.1 Buzzmart allows its users to post information, photos and videos while listing their products or services and to use the forum (bulletin board) and social networking services on the website. Videos and photos and all information posted by users have to be provided by them and must not infringe any copyright and trademark laws and regulations.

7.2 Buzzmart has the right to take legal action and/or ban users from the website if information posted by them is found to break any copyright and trademark laws and regulations.

 

7 Other Agreements

 

YOU AGREE AND UNDERSTAND THAT:

 8.1 Buzzmart is not an auctioneer and does not participate in the transaction. We are just a service provider that gives the ability to sellers to promote their products and services and buyers to purchase products and services. We do not broker any products or services for any user or facilitate any payment activities between the buying and selling parties.

8.2 Buzzmart does not guarantee or accept any responsibility for the quality, authenticity, accuracy, functionality or reliability of the items being sold by its users on the website. It is your responsibility to evaluate any information being provided on the website.

8.3 Buzzmart has the right to ban, suspend or limit your access to the website or any other information without prior notification. You agree not to hold Buzzmart responsible or liable for any losses of any kind you may incur as a result of Buzzmart taking any of the aforesaid actions.

8.4 Buzzmart has the right to deny your listings without any prior notification or reason being given.

8.5 You may browse the forums (bulletin board) as an anonymous user but when you decide to register you choose to provide us with personal information and agree to the transfer and storage of that information on our servers. Your personal information will be visible to other users. Please refer to our privacy policy for more information.

8.6 Buzzmart has the right to modify, edit, restructure, delete, pause, maintain or shut-down its services without giving any prior notification. You agree not to hold Buzzmart responsible for any losses of any kind you may incur as a result of Buzzmart taking the aforementioned actions.

8.7 Our currency conversions may not be entirely accurate. It is your responsibility to check conversion prices of listings.

 

8 Website content and Privacy Policy

9.1 Information contained on the website including text, photographs, videos, images, listings, links to other websites, messages between users and generally all information posted on the website is the sole responsibility of its issuer.


9.2 Buzzmart does not guarantee the authenticity, legality, integrity, or quality of the information and has the right to correct, modify, delete and update it without prior notice.


9.3 Buzzmart has the right to ban or delete access to the website without prior notification.

9.4 You may browse the forums (bulletin board) as an anonymous user but when you decide to register you choose to provide us with personal information and agree to the transfer and storage of that information on our servers. Your personal information will be visible to other users. Please refer to our privacy policy for more information.

9.5 Buzzmart has to right to ban, suspend or limit your access to the website or any other information without prior notification. You agree not to hold Buzzmart responsible or liable for any losses of any kind you may incur as a result of Buzzmart taking any of the aforesaid actions.

9.6 Buzzmart does not sell or rent your personal information to third parties without your knowledge and consent. Buzzmart has the right to use the information you have provided to resolve any disputes involving activity that is illegal (including copyright/trademark or any other right violations, criminal investigation taken against any user or Buzzmart), to take legal actions against you or any other user, to check for any copyright or trademark infringements, to improve our services and to correct and solve any problems and errors. When you trade products or services, discuss in the forum, create a profile or use any service of the website, you are acknowledging and accepting that your information is being shared between users. Buzzmart has the right to share your information with any parties that we acquire, are acquired by or merge with.

9.7 Buzzmart is not responsible or liable for any loss or abuse of personal information.

9.8 Buzzmart is not responsible or liable for any violation of copyright, trademark or other rights.

 

9 WARRANTY DISCLAIMER/LIMITATIONS OF LIABILITY

 

You understand and acknowledge that your use of the website is at your own risk and that the service is provided on an “AS IS” and “AS AVAILABLE” basis. Buzzmart does not guarantee that the service will meet your requirements, be error-free, be always available, secure, uninterrupted or errors found will be corrected. To the extent legally permitted, we exclude all implied warranties, terms and conditions. YOU USE Buzzmart AND ITS SERVICES AT YOUR OWN RISK.

Buzzmart does not guarantee the quality, authenticity, accuracy, functionality and reliability of the items being sold by its users, the content or any other information on the website. It is your responsibility to evaluate any information being promoted on the website. Buzzmart accepts no responsibility or liability and does not give any warrantees. It is your responsibility to choose which widgets to use and you do it at your own risk. Buzzmart does not guarantee the ability of users to sell, buy, return or refund items. Users are responsible for their actions taken on the website when they register.

We, our moderators, administrators, staff, directors, employees, agents and partners shall not be responsible or liable for any loss of money, data, profits, opportunities, business interruption, goodwill or reputation, or any incidental, consequential, special or indirect damages arising, directly or indirectly from

  1. Your use of or your inability to use our website, our tools and our services.
  2. For other users' listings, products or services, information, views, posts, videos or photographs.
  3. For other users' actions or inactions
  4. Buzzmart taking any actions for the reasons cited in section 4, 5, 6, 7, 8 and 9.
  5. Unauthorized access and use of our servers and any or all information being stored in them
  6. Bugs, viruses, trojan horses, worms or similar technologies that might/may be transmitted to or through our website by any third party
  7. Any changes Buzzmart makes to its services or when the services will be paused, deleted or shut-down
  8. Your failure to keep your password, username safe or your failure to provide accurate information on the website
  9. Errors or mistakes that might occur from the use of the website
  10. Interruption or stoppage of transmission or operation to or from the website

If we are found to be liable, our liability to you or to any other third party is limited to the greater of (a) the total fees you paid to us in the 3 months prior to the action giving rise to the liability and (b) £100.

 

10 Indemnification

You agree, defend and indemnify that you will hold Buzzmart, its moderators, administrators, staff, directors, employees, agents and partners harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

  1. Your usage and access to the website
  2. Your violation of any of these terms and conditions
  3. Your violation of any third party rights, including without limitation any copyright, property, or privacy right
  4. Any action, inaction and information that you posted on the site (including items, products, services, videos, photographs, posts, comments, personal information) which caused damage to a third party.

This indemnification will govern these terms and conditions and your use of the website.

 

11 Our relationship

 

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Buzzmart by reading and accepting these terms and conditions.

 

12 Resolution of disputes

 

This agreement shall be governed and construed in all respects by the laws of Cyprus. You and Buzzmart both agree to submit to the exclusive jurisdiction of the Cypriot Courts.

  

If you do not agree with the terms and conditions or you have identified a breach of the terms and conditions please contact:

e-mail: support@buzzmart.com