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THE AGREEMENT
The use of this Platform and services on this Platform provided by Dealsbuysell.com (hereinafter referred to as "Dealsbuysell.com") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this Platform (hereinafter collectively referred to as "Platform") and any services provided by or on this Platform ("Services")..
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
- a) Platform, Marketplace, Us, We: Dealsbuysell.com is the creator, operator, and publisher of this Platform, makes the Services available to you. Dealsbuysell.com and its sub-domains, Us, We, Our, Ours, and other first-person pronouns will refer to Dealsbuysell.com, as well as all employees and affiliates of Dealsbuysell.com.
- b) You, the User, Member, Customer, Seller, the Client: You, as the user of the Platform, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User, Member, Customer, Buyer, Seller or Client.
- c) Parties: Collectively, the parties to this Agreement (Dealsbuysell.com and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE:
By using the Platform, You warrant that You have read and reviewed this Agreement and that You agree to be legally bound by it. If You do not agree to be bound by this Agreement, please leave the Platform immediately. Dealsbuysell.com only agrees to provide use of this Platform and Services to You if You assent to this Agreement.
Dealsbuysell.com acts as a marketplace platform to facilitate its Members, who comply with Site policies to offer, sell and buy the listed products in a fixed-price format. We are not directly involved in the transaction between buyers and sellers. As a result, Dealsbuysell.com has no control over any aspect of the products listed for sale and the sellers,
3) AGE RESTRICTION.
You must be at least 18 (eighteen) years of age to use this Platform or any Services contained herein. By using this Platform, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. Dealsbuysell.com assumes no responsibility or liability for any misrepresentation of Your age and Your use or transactions on the Platform.
4) LICENSE TO USE PLATFORM
Dealsbuysell.com may provide You with certain information as a result of Your use of the Platform or Services. Such information may include, but is not limited to, documentation, data, or information developed by Dealsbuysell.com, and other materials which may assist in Your use of the Platform or Services ("Platform Materials"). Subject to this Agreement, Dealsbuysell.com grants You a non-exclusive, limited, non-transferable and revocable license to use the Platform Materials solely in connection with Your use of the Platform and Services. Platform Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Platform or Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Platform and all Services provided are the property of Dealsbuysell.com, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Dealsbuysell.com IP"). You agree that Dealsbuysell.com owns all right, title and interest in and to Dealsbuysell.com IP and that You will not use Dealsbuysell.com IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Dealsbuysell.com IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Dealsbuysell.com.
- a) In order to make the Platform and Services available to You, You hereby grant Dealsbuysell.com a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Platform ("Your Content"). Dealsbuysell.com claims no further proprietary rights in Your Content.
- b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
6) USER OBLIGATIONS
As a user of the Platform or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Platform and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information or using the Platform or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement and Your use of Platform.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Dealsbuysell.com of any unauthorized use of your password or any breach of security. You also agree that Dealsbuysell.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your Member name and password information to any other party. Dealsbuysell.com or its staff will never ask you to provide us your password.
7) ACCEPTABLE USE
a) You further agree not to use the Platform or Services:
- I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- II) To violate any intellectual property rights of Dealsbuysell.com or any third party;
- III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, pyramid scheme or any other illegal activity;
- VI) To publish or distribute any obscene, porn, sexual or defamatory material;
- VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group, community or territory;
- VIII) To unlawfully gather information about others.
8) PRIVACY INFORMATION
Through Your Use of the Platform and Services, You may provide Us with certain information. By using the Platform or the Services, You authorize Dealsbuysell.com to use Your information in the United States and any other country where We may operate.
- a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Platform or Services, We may also receive information from external applications that You use to access Our Platform, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our Platform, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that Dealsbuysell.com will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, Dealsbuysell.com will store information about You for the following number of days: 365. After that time, it will be deleted.
9) SALE OF GOODS/SERVICES ON PLATFORM
Goods or Services listed to sell on the Dealsbuysell.com Platform are offered by the registered Sellers on Dealsbuysell.com who sell their products or Services directly to the Buyer. Dealsbuysell.com undertakes to be as accurate as possible with all information regarding the Goods and Services, including product descriptions and images. We do our entire efforts to verify the documents and make physical visit to Seller’s premises, where its possible, before registration to ensure onboarding the reliable and quality Sellers. We do not accept unregistered business to sell on our Platform. However, Dealsbuysell.com does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. For Goods or Services sold by others, Dealsbuysell.com assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim You may have against the manufacturer or Seller of the product, You agree to pursue that claim directly with the manufacturer or Seller and not with Dealsbuysell.com. You hereby release Dealsbuysell.com from any claims related to Goods or Services manufactured or sold by Third Parties, including any and all warranty or product liability claims.
10) PURCHASE OF GOODS
10.1.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Dealsbuysell.com (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Dealsbuysell.com reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
10.1.2 Product description: While Seller endeavors to provide an accurate description of the Products, , neither Dealsbuysell.com nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
10.1.3 Sellers: Products are sold by “Sellers”. Dealsbuysell.com may be a “Seller” for selected Products. “Seller” may also refer to a party other than Dealsbuysell.com (such party referred to in these Terms & Conditions as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by Dealsbuysell.com or a Third Party Vendor may be stated on the webpage listing that Product.
10.1.4 Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you;
10.1.5 Products sold by Dealsbuysell.com, shall be agreements entered into directly and only between Dealsbuysell.com and you.
10.1.6 Placing your Order: You may place an Order by clicking on the “Place Order” button and/or completing the Order checkout on the Platform. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
10.1.7 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
10.1.8 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion
10.1.9 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Dealsbuysell.com shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
10.1.10 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the relevant product page on the Platform, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
10.1.11 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Dealsbuysell.com or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
10.1.12 Dealsbuysell.com shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of Dealsbuysell.com, addition and insertion of parts, in particular of spare parts which do not come from Dealsbuysell.com;
10.1.13 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow Dealsbuysell.com's or Seller’s instructions (whether oral or in writing if available) misuse or alteration or repair of the Products without Dealsbuysell.com's approval;
10.1.14 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Dealsbuysell.com’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
10.1.15 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
10.1.16 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any. 20.1.17 When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information.
10.1.18 We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us.
10.1.19 We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Platform products.
10.2 INTELECTUAL PROPERTY:
9.2.1. Unless the prior written consent of Dealsbuysell.com has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
9.2.2 Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
9.2.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Dealsbuysell.com has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon Dealsbuysell.com’s request.
10.3) PAYMENT
10.3.1 You agree to ensure payment for any items You may purchase from Platform and You agree to monitor Your payment method for the on time payment to enable timely delivery.
10.3.2 You may pay for the Product using any of the payment methods prescribed by Dealsbuysell.com from time to time. All payments shall be made to Dealsbuysell.com, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that Dealsbuysell.com is entitled to collect payments from you on behalf of Third Party Vendors. After payment is processed successfully, you will recieve an email notification from us about the confirmation of payment receipt.
10.3.3 The payment methods may be subject to additional terms as prescribed by Dealsbuysell.com from time to time.
10.3.4 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Dealsbuysell.com), for any failure, disruption or error in connection with your chosen payment method.
10.3.5 Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions shall apply.
10.3.6 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
10.3.7 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
10.3.8 All payments shall be made in Saudi Riyal for the local marketplace of Saudi Arabia. Visa Card, Master Card, Debit Cards, SADAD and/or bank payments are accepted through our partner banking channels and/or payment service providers. Dealsbuysell.com reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
10.4) DELIVERY OF PRODUCTS
10.4.1 Address: Delivery of the Products shall be made to the address you specify in your Order.
10.4.2 Delivery Area: The Platform has local, regional and international Sellers covering wide delivery area. You can check the delivery area of project at product page or during checkout. In case, your area is not listed, you can send message to the Seller for confirmation before placing order. Dealsbuysell.com offers both Local and International delivery option depending on the marketplace from which order is placed.
10.4.3 Delivery & packing charges: Delivery and packing charges are set out in the Order or shipping method. Seller mentions the shipping cost and/or packing cost to be paid by the buyer or it clearly mentioned on the product page if the delivery is free of cost.
10.4.4 Shipment Cost of 3rd party Assigned Carriers: Shipping costs are normally calculated by the shipping carrier and it is mentioned on the product page before Your order placing and during the order checkout. Normally the cost and time are charged as calculated. However, shipping cost and/or dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances not in our control. By using the Shipping Carrier Service, you agree to follow the carrier’s Terms of Use, Conditions of Carriage and other Terms and Conditions. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the this email: support@dealsbuysell.com with order reference.
10.4.5 Shipment by Sellers Directly: Products in certain categories are shipped by the Sellier directly due to (i) item size is large which is not covered by the assigned carrier, (ii), due to the large size or heavy weight, cost of assigned carrier is not economical or (iii) Seller provides delivery service free of cost. Such delivery option is mentioned on the product page before Your order placing and during the order checkout. Buyer can choose his preferred shipment method or can make his own arrangement to pick the ordered items from Sellers premises by their own.
10.4.6 Delivery timeframe: You acknowledge that delivery of the Products is subject to the distance, availability of the shipping service and/or availability of the Products. Seller shall make entire efforts to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that it is possible to encounter a delay. All delivery timeframes given are estimates. If the delivery of your Product is delayed, Seller will inform you accordingly via e-mail with the new delivery time. The time for delivery shall not be of the essence; and seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments.
10.4.7 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
10.4.8 Delivery Delay: In the event you do not receive the Product by the projected delivery date and provided that you inform Dealsbuysell.com within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Dealsbuysell.com does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.
10.4.9 Delivery Proof: Upon Delivery, Both Seller and Buyer shall keep the proof of delivered goods on a document like packing slip printed from the Platform or a delivery note having the following information, (i) a delivery note printed on Seller’s official Form with logo having information about customer, order reference, payment and shipping method ordered quantity, delivered quantity and/or balance quantity to be delivered, (ii) buyer shall receive the products, sign and stamp the document, write the clear name and employee number of the receiver and write the receipt date with time, (iii) buyer shall inspect and count the products physically and update the order receipt status accordingly in the My Account area of the Platform.
10.5) RETURN, CANCELLATION & REFUND
10.5.1 Most Dealsbuysell.com purchases go smoothly, but if there's a problem with a purchase, then Dealsbuysell.com Buyer Protection Policy ensures that buyers receive the item they ordered under the policy. Buyer may submit return request within 7 working days. Countdown starts from the date the customer received the item to the time they fill out the Online Returns Form. For more details, please refer to Buyer Protection Policy for more information.
10.5.2 Cancellation of order is conditional, it depends on the Seller’s acceptance and the Dealsbuysell.com Terms. You should send cancel order request to seller from My Account area by submitting RMA form before the order is prepared or shipped
10.5.3 If order was already processed or shipped then your cancelation request will be treated as Return request and shall be processed according to the terms and policy. You and seller should communicate through RMA Form to resolve the matter and keep updated the return status for proper processing.
10.5.4 Cancellation requests are not accepted after 7 days and like wise Return requests are not eligible aster maximum of 14 days.
10.5.5 General: (a) All refunds shall be made via the original payment mechanism and to the person or entity who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the bank account provided that complete and accurate bank account details are provided to us. (b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. (c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by you. (d) Refund is conditional upon our acceptance of a valid return of the Product and applicable evaluation process. (e) We reserve the right to modify the mechanism of processing refunds at any time without notice.
10.5. Order Cannot be Returned: (a) If delivered product(s) are exactly the same and matching with the Order and Listed offer as buyer purchased on Dealsbuysell.com and delivered in new condition without any defects or damages then buyer cannot refuse to accept an order when it is clearing customs or at the time of delivery or (b) if such order return is not accepted by the Seller and (c) such orders cannot be returned or refunded, (d) The buyer will be liable for the amount of the order, the cost of shipping, customs duties, storage, demurrage, documentation fees and any other additional charges imposed by the carrier or by Dealsbuysell.com for shipping the order to the buyer. (e) In case buyer still wants to replace or return the order then it’s solely depends upon the mutual understanding of both seller and buyer to settle the matter outside Dealsbuysell.com.
10.6) PRICES OF PRODUCTS
10.6.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice but such changes in price shall be applicable on the future orders after the change.
10.7. TAXES/VAT
10.7.1 You shall be solely responsible for payment of any taxes or VAT, duties or other governmental levies or any charges or fees that may be imposed on any goods or services purchased or supplied under or in connection with the Online Transactions using Our Platform or Services.
11) TRANSACTIONS AGREEMENT
11.1) Seller and Buyer: For the purpose of this Agreement, the term “Seller” means the registered member who supplies the good(s) or service(s) under an Online Transaction, and the term “Buyer” or “Customer” means the registered member who purchases or acquires the good(s) or service(s) under an Online Transaction.
11.2) Online Order: Seller and Buyer shall enter into an Online Transaction for goods or services by completing, submitting and accepting an order online using the applicable standard order on the Dealsbuysell.com Sites.Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the goods or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc.Dealsbuysell.com may refuse to process or cancel any Online Transaction which in Dealsbuysell.com’s reasonable opinion, has insufficient information.
11.4) Transaction between Seller and Buyer Only: Each Online Transaction is made by and between a Seller and a Buyer only. Despite that Dealsbuysell.com provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, Dealsbuysell.com shall not be considered as a party to the Online Transaction. Dealsbuysell.com does not represent Seller or Buyer in any Online Transaction. Dealsbuysell.com will not be responsible for the quality, safety, lawfulness or availability of the goods or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction. You agree that you will not hold Dealsbuysell.com, our employees and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.
11.5) Payment of Contract Price: For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through the payment services or payment methods listed on Dealsbuysell.com. When using Dealsbuysell.com to submit payment for an Dealsbuysell.com Online Transaction, payments are processed through accounts owned by Dealsbuysell.com or one of its affiliates and/or a registered Third party service provider acting on Dealsbuysell.com’s behalf. The funds are received for the Seller in accordance with the Transaction Agreement. Seller agrees that the Buyer’s full payment in accordance with the Seller’s listed price for the Online Transaction on Dealsbuysell.com constitutes final order payment of the Seller and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Dealsbuysell.com’s account. The buyer must retain a copy of transaction records and Our policies and Terms .Dealsbuysell.com shall deduct the Services fees and shipping fee (if applicable) and shall deposit the transaction settlement amount to the Seller’s assigned bank account or credit card account.
11.6) Payment Methods: Payment methods available on the Dealsbuysell.com Sites may be provided by Dealsbuysell.com’s partners. If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that Dealsbuysell.com has the right to refund the money so requested by the payment service partner without liability to Seller. Dealsbuysell.com will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partner. However, if the participation in the dispute resolution process may subject to additional fees, this will be at your own cost only.
1 1.7) Third Party Source: You may engage one or more Third Party Source for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. Some of such Third Party Sources may be partners of Dealsbuysell.com and thus designated by Dealsbuysell.com to You. Among such designated partners, you may be required to agree and accept the terms and conditions of their services. Notwithstanding the foregoing circumstances, for all Third Party Sources, you acknowledge and agree that such Third Party Sources are engaged at your own discretion and cost and that you will not hold Dealsbuysell.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such Third Party Sources. You shall ensure that the third parties comply with Dealsbuysell.com Terms of Use and Privacy Policy. 11.8 Your Agent) If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.12) PLATFORM FEES
12.1) Service Fees: Dealsbuysell.com charges service fees for Online Transactions according to the fee schedules announced by Dealsbuysell.com on Our Sites. Dealsbuysell.com reserves the right to charge any service fees for other types of Online Transactions upon reasonable prior notification published on the Sites. In the case the Online Transaction adopts Third Party Payment Service Provider, you hereby authorize Dealsbuysell.com to deduct any service fees that are due and payable to Dealsbuysell.com under an Online Transaction and to pay the same to Dealsbuysell.com when Our Payment Service Provider releases any amount held by it under the Online Transaction. Neither Dealsbuysell.com nor Our Payment Service Provider has any control over, and are not responsible or liable for, the goods or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.
12.1) Third Party Fees Not Included: The service fees charged by Dealsbuysell.com do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such Third Party Source.
12.2) Taxes and Financial Charges: All fees charged by Dealsbuysell.com are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event Dealsbuysell.com is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Dealsbuysell.com. You will also be liable for any financial charges for remission of funds to you, and Dealsbuysell.com shall have the right to pay such charges from such funds. Dealsbuysell.com and Our Payment Service Provider shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges.
13) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Platform or Services;
b) Violate the security of the Platform or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14) DATA LOSS
Dealsbuysell.com does not accept responsibility for the security of Your account or content. You agree that Your use of the Platform or Services is at Your own risk and you are solely responsible for your account, activities on the Platform and your login credentials.
15) INDEMNIFICATION
You agree to defend and indemnify Dealsbuysell.com and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Platform or Services, Your breach of this Agreement, or Your conduct or actions. You agree that Dealsbuysell.com shall be able to select its own legal counsel and may participate in its own defense, if Dealsbuysell.com wishes.
16) CONFIDENTIALITY
16.1) Confidential Obligations: You shall keep confidential all confidential information provided by other members of the Dealsbuysell.com Sites or Dealsbuysell.com in connection with any Online Transaction or the Transaction Services.
16.2) Confidential Information: All information and material provided by another member of the Dealsbuysell.com Sites or Dealsbuysell.com will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently becomes public other than due to your breach of the confidential obligations.
17) DISPUTES
In the event a dispute arises between you and another Member or a Third Party Vendor, Dealsbuysell.com encourages you to contact the Member through My Account area to resolve the dispute amicably.
If buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Dealsbuysell.com, they may choose Dealsbuysell.com to help in order to resolve the dispute. Cases are escalated for review and resolution by Dealsbuysell.com. We provide dispute resolution process for the benefit of Members. Dealsbuysell.com does so in Our sole discretion, and We have no obligation to resolve disputes between Members or between Members and outside parties. To the extent that We attempt to resolve a dispute, Dealsbuysell.com will do so in good faith based solely on Our policies. Dealsbuysell.com will not make judgments regarding legal issues or claims.
You release Dealsbuysell.com (and Dealsbuysell.com’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more Members, or an outside party.
18) SPAM POLICY
You are strictly prohibited from using the Platform or any of Dealsbuysell.com's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
19) THIRD-PARTY LINKS & CONTENT
Dealsbuysell.com may occasionally post links to third party websites or other services. You agree that Dealsbuysell.com is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Platform.
20) MODIFICATION & VARIATION
Dealsbuysell.com may, from time to time and at any time without notice to You, modify this Agreement. You agree that Dealsbuysell.com has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Platform after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
21) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Platform. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Platform.
22) SERVICE INTERRUPTIONS
Dealsbuysell.com may need to interrupt Your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that Dealsbuysell.com shall have no liability for any damage or loss caused as a result of such downtime.
23) NO GAURANTEE
Dealsbuysell.com does not guarantee continuous, uninterrupted access to the Sites, and operation of the Sites may be interfered with by numerous factors outside Dealsbuysell.com’s control. We will not be responsible for any loss or liability occurred due to non-availability of Sites.
24) TERM, TERMINATION & SUSPENSION
Dealsbuysell.com may terminate this Agreement with You at any time for any reason, with or without cause. Dealsbuysell.com specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Dealsbuysell.com or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
25) RIGHT TO REFUSE SERVICE
Dealsbuysell.com’s services are not available to temporarily or indefinitely suspended members. We reserve the right, in Our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.
26) NO WARRANTIES
You agree that Your use of the Platform and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. Dealsbuysell.com hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Dealsbuysell.com makes no warranties that the Platform or Services will meet Your needs or that the Platform or Services will be uninterrupted, error-free, or secure. Dealsbuysell.com also makes no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Platform or Services is Your sole responsibility and that Dealsbuysell.com is not liable for any such damage or loss.
27. OFAC AND SANCTIONED COUNTRIES
Dealsbuysell.com services will not be allowed for OFAC and sanctioned countries.
28) LIMITATION ON LIABILITY
Dealsbuysell.com is not liable for any damages that may occur to You as a result of Your use of the Platform or Services, to the fullest extent permitted by law. The maximum liability of Dealsbuysell.com arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to Dealsbuysell.com in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
