Terms and User Agreement
. part - 2 (continue of Part - 1) (JUMBODEAL GLOBAL SERVICES
· post any
Information or content or list items which may (in our sole discretion) be considered
culturally or religiously offensive in any way;
· post any
Information or content or list items which (in our sole discretion) may not be
considered to be in compliance with general religion law, rules, morals,
values, ethics and traditions
· post Information
or content or list items which may (in our sole discretion) threaten national
security
· post Information
or content or list items which may (in our sole discretion) constitute or be
considered to promote gambling
· use "keyword
spamming" in listing items for sale (when you place brand names or other
inappropriate keywords in a title or description for the purpose of gaining
attention or diverting members to a listing)
· fail to deliver
payment for items purchased by you, unless the seller has materially changed
the item's description or related matters after you bid, a clear typographical
error is made, or you cannot authenticate the seller's identity
· fail to deliver
items purchased from you, unless the buyer fails to meet the posted terms, or
you cannot authenticate the buyer's identity
· attempt to
conclude transactions relating to an auction or offer for sale on the Site
(including by cancelling an auction or offer of sale) outside of the Site
· use contacts made
by buying or selling on the Site to solicit (including by email or otherwise)
sales on other items directly and/or from another website
· claim an item was
not sold when in jumbodealglobal.com 's sole discretion the item was sold in
accordance with this User Agreement and the Site's policies
· manipulate or
attempt to manipulate the Site in any way including the prices of any item or
services on the Site (either alone or in conjunction with other users)
· circumvent or
manipulate our fee structure, the billing process, or fees owed to jumbodealglobal.com
· take any action
that may undermine the Site's feedback and ratings systems (including but not
limited to the display, import or export of feedback information off the Site
or use of such information for purposes unrelated to jumbodealglobal.com)
· transfer your Site
account (including feedback) and username to another party without our consent
· distribute or post
spam, unsolicited or bulk electronic communications, chain letters, or pyramid
schemes
· distribute
viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other
computer programming technologies that may harm the Site, or the interests or
property of the Site's users
· create liability
for us or cause us to lose (in whole or in part) the services of our ISPs or
other suppliers
· take any action
that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our infrastructure
· interfere or
attempt to interfere with the proper working of the Site
· attempt to take
over another user's account or carry out any hacking or phishing of the Site or
user accounts and related features
· export or
re-export any Site tools except in compliance with the export control laws of
any relevant jurisdictions
· copy, modify, or
distribute any content from the Site or otherwise infringe the Site's copyright
material and/or trademarks in any way
· violate any laws,
rules, regulations, guidelines, third party rights or our policies
· abuse jumbodealglobal.com
's Shipping Policy , Listing Policy , or any of jumbodealglobal.com 's other
policies or terms and conditions posted on the Site from time to time
You
represent and warrant that you are at least 18 years old or visiting the Site
under the supervision of a parent or guardian.
Subject to
the terms and conditions of this Agreement, we hereby grant you a limited,
revocable, non-transferable and non-exclusive license to access and use the
Site by displaying it on your internet browser only for the purpose of shopping
for personal items sold on the Site and not for any commercial use or use on
behalf of any third party, except as explicitly permitted by us in advance. Any
breach of this Agreement shall result in the immediate revocation of the
license granted in this paragraph without notice to you.
You shall
not upload to, distribute, or otherwise publish through this Site any Content,
information, or other material that (a) violates or infringes the copyrights,
patents, trademarks, service marks, trade secrets, or other proprietary rights
of any person; (b) is libelous, threatening, defamatory, obscene, indecent,
pornographic, or could give rise to any civil or criminal liability under U.S.
or international law; or (c) includes any bugs, viruses, worms, trap doors,
Trojan horses or other harmful code or properties.
Content
provided on this site is solely for informational purposes. It is your sole
responsibility to consult a licensed physician or qualified health care
professional for advice, diagnosis, and/or treatment of any health related
condition. Submissions or opinions expressed on this Site are that of the
individual expressing such Submission or opinion and may not reflect our
opinions. Product representations expressed on this Site are that of the vendor
and are not made by us.
Without prejudice to any
other rights and remedies of jumbodealglobal.com under this User Agreement or
at law or otherwise, jumbodealglobal.com may immediately and without liability:
limit your activity, remove your bids, end your listings, warn other users of
your actions, temporarily / indefinitely suspend, limit or withdraw your
membership, and/or limit or
withdraw your access to the Site:
· If you breach this
User Agreement;
· If jumbodealglobal.com
is unable to verify or authenticate any information you provide or
· If jumbodealglobal.com
believes (in its sole discretion) that your actions may cause legal liability
for you, other users or jumbodealglobal.com.
jumbodealglobal.com may
at any time at its sole discretion reinstate suspended users. A user that has
been indefinitely suspended or had their membership withdrawn may not register
or attempt to register with jumbodealglobal.com or use the Site in any manner
whatsoever until such time that such user is reinstated by jumbodealglobal.com.
Notwithstanding the foregoing, if you breach this User Agreement jumbodealglobal.com
reserves the right to recover any amounts due and owing by you to jumbodealglobal.com
or any losses and damages caused by you to jumbodealglobal.com and to take such
steps including legal action and/or the initiation of criminal proceedings
against you as jumbodealglobal.com in its sole discretion deems necessary. Our
failure to act with respect to a breach by you or others does not constitute a
waiver of jumbodealglobal.com 's right to take any actions with respect to
that, or subsequent or similar breaches. jumbodealglobal.com does not guarantee
that it will take action against all breaches that there may be of this User
Agreement.
Indemnity
You agree to indemnify
and hold jumbodealglobal.com and its affiliates, officers, employees,
agents and suppliers harmless from any and all claims, demands, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses), howsoever suffered or incurred due to or
arising out of your breach of this User Agreement, or your violation of any law
or the rights of a third party.
FEEDBACK,
REVIEWS AND COMMENTS
We might
encourage Registered buyers on the Website to provide feedback to sellers after
the transaction has been closed, this helps other Users to know the performance
level of the said seller.. Please remember that you cannot retract the feedback
once you have provided it. Further you agree that the feedback you provide to
the Website shall be deemed to be non- confidential and will be displayed along
with your user ID. jumbodealglobal.com will not be responsible for the feedback
that you post on the Website and you should be careful in making comments that
are not factual in nature and should not post defamatory or illegal or
offensive/obscene contents, for which you shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback
system. If you continue to receive negative feedback ratings, jumbodealglobal.com
reserves the right to suspend your membership, and you will be unable to list,
buy or bid on the Website. Your agree that your feedback shall not contain
confidential or proprietary information of you or of third parties.
Export -
As feedback ratings are not designed for any purpose other than for
facilitating trading between the Users, you agree that you shall not market or
export your Website feedback rating in any venue other than on the
Website.
Import - We do not provide the technical ability to allow you to import
feedback from other websites to jumbodealglobal.com because a composite number,
without the corresponding feedback does not reflect your true online reputation
within our community.
Except as
otherwise provided elsewhere in this Agreement or on the Site, anything that
you submit or post to the Site and/or provide us, including without limitation,
ideas, know-how, techniques, questions, reviews, comments, and suggestions
(collectively, "Submissions") is and will be treated as
nonconfidential and nonproprietary, and we shall have the royalty-free,
worldwide, perpetual, irrevocable and transferable right to use, copy,
distribute, display, publish, perform, sell, lease, transmit, adapt, create
derivative works from such Submissions by any means and in any form, and to
translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. All Submissions shall automatically become our sole and exclusive
property and shall not be returned to you.
In
addition to the rights applicable to any Submission, when you post comments or
reviews to the Site, you also grant us the right to use the name that you
submit with any review, comment, or other Content, if any, in connection with
such review, comment, or other content. You represent and warrant that you own
or otherwise control all of the rights to the reviews, comments and other
Content that you post on this Site and that use of your reviews, comments, or
other Content by us will not infringe upon or violate the rights of any third
party. You shall not use a false e mail address, pretend to be someone other
than yourself or otherwise mislead us or third parties as to the origin of any
Submissions or Content. We may, but shall not be obligated to, remove or edit
any Submissions (including comments or reviews) for any reason.
Buying
All purchases on the
Website are a firm commitment to purchase. If you are the purchaser for any
item, you are obligated to complete the transaction with the seller.
By purchasing on an item you agree to be bound by the conditions of sale
included in the item's description (or linked to from the description) so long
as those conditions of sale are not in violation of the User Agreement or
unlawful. In case of consumer goods, sellers on the Website may or may not
specify the retail prices of the items being sold. You are advised to
independently verify the retail prices of such items if you so desire.
jumbodealglobal.com strongly advises you not to test the site with false
purchases, as it will put you at substantial personal legal risk. It is an
offence to use a false name, other false personal information or a known
invalid/ unauthorized credit/ debit/ cash card and such other infrastructure
directly through Bank or financial institution infrastructure or indirectly
through Payment Aggregator. Willfully entering erroneous or fictitious bids may
result in prosecution by jumbodealglobal.com.
Please note that in the event any inaccurate information is provided by you
regarding your identity, your Web browser transmits a unique address to us,
which can be used by law enforcement officials to identify you. If you are a
registered buyer on the Website we encourage you to post feedback on the seller
after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable"
on the Website or it is illegal to export the same, you agree that the Artwork
shall not be exported out of USA or India or otherwise dealt in any such manner
which shall be in contravention of any law for the time being in force or any
rules, regulations, notifications and orders passed there under.
Selling
and/or advertising
As a registered member,
you may list item/s for sale/advertising on the Website in accordance with the
Listing Policies.You represent that you are legally allowed to sell/advertise
the item(s) you list for sale/advertising on jumbodealglobal.com. You further
agree to ensure that the products sold/advertised by you through jumbodealglobal.com
are genuine and are not counterfeit or stolen items. You further agree to
ensure that the items/products listed by you on jumbodealglobal.com do not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that "Listings" may include text
descriptions, graphics and pictures that describe your item for sale. You shall
be deemed to be infringing the intellectual property rights of a third party if
you are (i) affixing a registered trademark (or an identical or similar
trademark likely to confuse the public to have an association with the
registered trademark) of such third party to your goods or its packaging; (ii)
offering or putting for sale or stocking the goods under the said trademark; or
(iii) using the said trademark in advertising your product.
You acknowledge that if any genuine claim is received by jumbodealglobal.com
from any person through the Report Abuse section of jumbodealglobal.com (terms
of which are incorporated herein by reference), jumbodealglobal.com may in its
sole discretion block your merchant/user account and/or remove the products
listed by you on jumbodealglobal.com, without any prior notice to you. jumbodealglobal.com
would however provide you a post facto intimation regarding the same. You
agree that you shall have no claim whatsoever against jumbodealglobal.com in
this regard and the decision of jumbodealglobal.com, as aforesaid shall be
binding on you.
(To be continue on part
3)