URUSNIAGA.COM
Terms of Service Agreement
Welcome to URUSNIAGA.COM's
Terms of Service Agreement ("Agreement"). This Agreement describes the terms and
conditions applicable to your use of the URUSNIAGA.COM.com web site, which
features tools for trading and communicating in a global classifieds e-market
(the "Service").
PLEASE READ THIS
AGREEMENT CAREFULLY!
THE FOLLOWING DESCRIBES
THE TERMS AND CONDITIONS ON WHICH URUSNIAGA.COM OFFERS YOU ACCESS TO THE
SERVICE.
1. Acceptance Of Terms.
By accessing our web site past the home page, you agree that you have entered
into this Agreement with URUSNIAGA.COM and that you will be bound by the terms
and conditions hereof ("Terms"), which URUSNIAGA.COM in its discretion may
change from time to time. We will post a notice on our web site to inform you of
any changes to the Terms. If you do not agree to the changes, you must
discontinue using the Service. The changed Terms shall automatically be
effective immediately after they are initially posted on the homepage of our
site. Your continued use of the Service will signify your acceptance of the
changed Terms. Unless explicitly stated otherwise, any new features that augment
or enhance the Service shall be subject to this Agreement. This Agreement may
not be otherwise modified except in a writing signed by an authorized officer of
URUSNIAGA.COM.
2. Who Can Use
URUSNIAGA.COM. The
Service is available to all individuals and companies. The Service is not
available to temporarily or indefinitely suspended URUSNIAGA.COM members.
3. Fees.
Joining URUSNIAGA.COM and the use of the Service is FREE! We reserve the right
to charge fees for the Service upon notice to you pursuant to paragraph 1. You
are responsible for paying all applicable taxes and duties and for all hardware,
software, service and other costs you incur to trade, procure a listing from us,
or access our servers. We reserve the right to change or discontinue,
temporarily or permanently, some or all of the Service at any time without
notice.
4. URUSNIAGA.COM Is
Only A Venue For Trading.
Our site acts as the venue for users to locate people to trade with and
to negotiate the exchange of goods and services. We are not involved in the
actual transaction between trading partners. As a result, we have no control
over the quality, safety or legality of the items being traded, the truth or
accuracy of the item listings, the ability of traders to fulfill their
obligations in a trade agreement. We cannot and do not control whether or not
traders will complete their part of a trade. In addition, note that there are
risks of dealing with foreign nationals, underage persons or people acting under
false pretense.
5. Your Information And
Items For Trade.
"Your Information" includes any information data, text, software, music, sound,
photographs, graphics, video, messages or other materials you provide to us or
other users during the registration, trading or listing processes, in any public
message area or through any email feature. With respect to Your Information, you
are solely responsible for Your Information, and we act as a passive conduit for
your online distribution and publication of Your Information. We may take any
action, however, with respect to your information we deem necessary or
appropriate in our sole discretion if we believe it may create liability for us
or may cause us to lose (in whole or in part) the services of our ISPs or other
suppliers. You hereby warrant that you have all rights, including all
copyrights, necessary to submit Your Information to URUSNIAGA.COM. You
acknowledge that URUSNIAGA.COM does not take any responsibility to determine
what information that is submitted to us is protected, nor will we be
responsible for the use of Your Information by other users of the Service.
5.1 Registration
Obligations. If
you register with us, you agree to: (a) provide true, accurate, current and
complete information about yourself or company as prompted by our member
registration form, and (b) maintain and promptly update the member information
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or URUSNIAGA.COM has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, URUSNIAGA.COM has the right to suspend or terminate your
registration and refuse any and all current or future use of the Service (or any
portion thereof). If you have registered with us on behalf of a company or other
entity, than you represent and warrant that you have the authority to bind such
company or other entity to the Terms.
5.2 Username, Password
and Security.
During the registration process, you will select a Username and Password. You
are solely responsible for maintaining the confidentiality of your Username and
Password, and for all activities that occur under your Username and Password.
You agree to (a) immediately notify URUSNIAGA.COM of any unauthorized use of
your Username or Password or any other breach of security, and (b) ensure that
you properly exit the web site at the end of each session. URUSNIAGA.COM cannot
and will not be liable for any loss or damage arising from your failure to
comply with this paragraph.
5.3 Rules About Your
Information. You
agree that Your Information and the items you offer for trade on URUSNIAGA.COM:
a.
will not be
fraudulent or involve the sale of counterfeit or stolen items;
b.
will not
infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
c.
will not
violate any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
d.
will not be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
e.
will not
contain child pornography;
f.
will not
contain any viruses, Trojan horses, worms, time bombs or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; and
g.
will not link
directly or indirectly to or include descriptions of goods or services that: (i)
are prohibited under this Agreement; or (ii) you do not have a right to link to
or include. You also agree not to use the Service (h) in connection with chain
letters, junk e-mail, spamming or any duplicative or unsolicited messages, (i)
to collect e-mail addresses and other information about others without their
consent or (j) to create false e-mail addresses or otherwise attempt to mislead
others as to the identity of the sender or the origin of a message.
5.4 Prohibited Items.
You may not post
on our site or trade through our site any item that could cause us to violate
any applicable law, statute, ordinance or regulation.
6. The License You
Grant To Us. You
grant to us the exclusive, worldwide, perpetual, royalty-free right (with the
right to sublicense through multiple tiers) to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display (in whole or in part) Your Information, and/or to incorporate Your
Information in other works in any form, media, or technology now known or later
developed.
7. Privacy.
Notwithstanding the license in paragraph 6, URUSNIAGA.COM will only use Your
Information in accordance with our Privacy Statement. The complete terms of our
Privacy Statement are part of this Agreement so you should read it. Please note
that when you voluntarily disclose Your Information in URUSNIAGA.COM's trading
areas, that information can be collected and used by others.
8. The Trading Process
8.1 Listing An Item.
Listings are text descriptions, graphics and/or pictures on URUSNIAGA.COM's web
site supplied by you that either; (a) describe an item you have that you want to
trade, or (b) describe an item you are looking for. You may post either or both
of these listing types of listings on URUSNIAGA.COM's site, provided that you
place such listings in an appropriate category. URUSNIAGA.COM is not responsible
for the accuracy or content of listings.
8.2 Negotiating A
Trade. Traders on
URUSNIAGA.COM negotiate with each other through the process of formulating
offers and counteroffers. Acceptance of an offer or counteroffer by all parties
constitutes an obligation for all parties involved to complete the transaction.
Acceptances and Offers are not retractable except in exceptional circumstances
such as a user materially changing the description of the item after your offer
was made or clear typographical errors, or when you can not authenticate the
identity of a user involved in the trade.
8.3 Handling Trading
Disputes. We do
not and cannot be involved in dealings between traders. In the event that you
have a dispute with one or more users, you release URUSNIAGA.COM (and our agents
and employees) from any claims, demands and damages (actual and consequential)
of every kind and nature arising out of or in any way connected with such
disputes.
8.4 Use Common Sense.
We cannot nor do we try to control the information provided by other users which
is made available through the Service. By its very nature, other people's
information may be offensive, harmful or inaccurate, and in some cases will be
mislabeled or deceptively labeled. We expect that you will use caution and
common sense when using our site.
9. The Trading System
9.1 No Trade
Manipulation. You
agree to not use a shill (a secondary account or third party) to manipulate the
outcome of a negotiation with another trader.
9.2 System Integrity.
You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the
www.urusniaga.com site or any trade being conducted on our site. You may not
take any action which imposes an unreasonable or disproportionately large load
on our infrastructure. You may not disclose or share your password to any third
parties or use your password for any unauthorized purpose.
9.3 Feedback.
You may not take any actions which may undermine the integrity of the feedback
system (e.g., "Member Tag"), such as: leaving positive feedback for yourself
using secondary Usernames or third parties; leaving negative feedback for other
users using secondary usernames or third parties (feedback bombing); or leaving
negative feedback if a user fails to perform some action that is outside the
scope of the trade (feedback extortion).
9.4 No Commercial
Exploitation. You
agree that you may not commercially exploit any information, including but not
limited to, copying any information displayed, on the URUSNIAGA.COM web site
without prior written authorization from an authorized officer of URUSNIAGA.COM.
10. Termination.
You agree that URUSNIAGA.COM, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard Your Information within the Service, for any reason, including without
limitation, if URUSNIAGA.COM believes that you have violated or acted
inconsistently with the letter and spirit of the Agreement. URUSNIAGA.COM may
also, in its sole discretion and at any time, discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this Agreement may be effected
without prior notice, and acknowledge and agree that URUSNIAGA.COM may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that URUSNIAGA.COM shall not be liable to you or any
third party for any termination of your access to the Service. Paragraphs 12,
13, 14, and 22 shall survive any termination of this Agreement.
11. What Happens if You
Break the Rules?
We may immediately issue a warning, temporarily suspend, indefinitely suspend or
terminate your membership, any of your current listings, and any other
information you place on the site if you breach this Agreement or if we are
unable to verify or authenticate any information you provide to us. Without
limiting any other remedies, URUSNIAGA.COM may suspend or terminate your account
if you are found (by conviction, settlement, insurance or escrow investigation,
or otherwise) to have engaged in fraudulent activity in connection with our
site.
12. The Service is
Provided "As Is." We will try very hard to make your experience with URUSNIAGA.COM
enjoyable. Unfortunately, we cannot always foresee or anticipate technical or
other difficulties. These difficulties may result in loss of data or other
service interruptions. For this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. URUSNIAGA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. URUSNIAGA.COM MAKES NO WARRANTY THAT: (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM URUSNIAGA.COM OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE AGREEMENT.
Note: Some jurisdictions
do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and you may
also have other legal rights which vary from jurisdiction to jurisdiction.
13. Limit of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT URUSNIAGA.COM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF URUSNIAGA.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
Note: Some jurisdictions
do not allow the limitation of liability, so the foregoing limitation may not
apply to you.
14. Indemnity.
You agree to indemnify and hold URUSNIAGA.COM and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim or demand
(including legal expenses and the expenses of other professionals) made by a
third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the
rights of a third party.
15. Compliance With
Laws. You shall
comply with all applicable laws, statutes, ordinances and regulations regarding
your use of the Service and your bidding on, listing, purchase and sale of
items, including, but not limited to, complying with all applicable laws
regarding the transmission of technical data exported from Malaysia or the
country in which you reside.
16. No Agency.
You and URUSNIAGA.COM are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchisor-franchisee relationship is
intended or created by this Agreement.
17. Advertising &
Financial Services.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that URUSNIAGA.COM shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service. If you intend to
create or join any service, receive or request any news messages, alerts or
other information from the Service concerning companies, stock quotes,
investments or securities, please be advised URUSNIAGA.COM shall not be
responsible nor liable for the accuracy, usefulness or availability of any such
information transmitted via the Service, and shall not be responsible nor liable
for any trading or investment decisions made based on such information.
18. Links.
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because URUSNIAGA.COM has no control over such sites and
resources, you acknowledge and agree that URUSNIAGA.COM is not responsible for
the availability of such external sites or resources, and 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. You further acknowledge
and agree that URUSNIAGA.COM shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
19. Notices.
Except as explicitly stated otherwise, any notices shall be given by email to
info@URUSNIAGA.COM.net (in the
case of URUSNIAGA.COM) or to the email address you provide to URUSNIAGA.COM
during the registration process (in your case), or such other address as the
party shall specify. Notice shall be deemed given twenty-four (24) hours after
email is sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to URUSNIAGA.COM
during the registration process. In such case, notice shall be deemed given
three (3) days after the date of mailing.
20. Force Majeure.
URUSNIAGA.COM
shall not be liable to you for delays or failures in performance resulting from
causes beyond our reasonable control, including, but not limited to, acts of
God, labor disputes or disturbances, material shortages or rationing, riots,
acts of war, governmental regulations, communication or utility failures, or
casualties.
21. Assignment.
URUSNIAGA.COM may assign this Agreement without your consent.
22. Miscellaneous.
The Agreement constitutes the entire Agreement between you and URUSNIAGA.COM and
governs your use of the Service, superseding any prior written or oral
Agreements between you and URUSNIAGA.COM. The Agreement shall be governed in all
respects by the laws of Malaysia without regard to its conflict of law
provisions. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches.
More about Us.
The services hereunder are offered by
www.urusniaga.comFor more information, please email us at details@urusniaga.com
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