Terms & Conditions
This Agreement sets forth the Standard Terms and Conditions that apply to use of the ECAYTRADE site. YOUR USE OF THE ECAYTRADE SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. Note, EcayTrade is owned and operated by Ecay Online Ltd. All references to Ecay Trade below and herein apply equally to Ecay Online Ltd.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply. Please note, EcayTrade is for the use by private individuals and paying commercial partners of Ecay. Companies, or others deemed to be acting in a commercial sense rather than merely as private sellers/advertisers, will be contacted to become commercial partners or risk removal from the website.
You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service. You agree to not place ads regarding adult services, products, or containing adult content in any shape or form. You further agree to not place ads which contain slanderous or derogatory comments or content. Classified ads that violate these terms of service and/or our spam policy will be deleted and your account will be closed without warning and without refund.
ECAYTRADE reserves the right to remove any listings or advertisements for any reason at our sole discretion. ECAYTRADE, however, does not have the responsibility of reading and monitoring all listings and advertisements.
Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are only available to minors under the supervision of the minor's parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age. Your account and User ID may not be transferred or sold to another party. You agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a ECAYTRADE' related communication or ECAYTRADE-facilitated transaction, ECAYTRADE hereby grants to you a license to use such information only for ECAYTRADE related communications that are not unsolicited commercial messages and for completing the transaction in question. You warrant that the information you provide to us is complete, valid and honest. If you provide any information that is untrue, not current or incomplete, or ECAYTRADE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ECAYTRADE has the right to refuse any and all current or future use of the ECAYTRADE (or any portion thereof) by you. You may only upload content that belongs solely to you. You agree that you will not upload any content that is in violation of any rights based on copyright or trademark.
PAYMENT FOR PURCHASES BETWEEN BUYERS AND SELLERS
Payments for purchases will be made by the Consumer directly to the Seller. ECAYTRADE is not involved in the payment transaction between Consumer and Seller. ECAYTRADE is not responsible for setting payment terms, collecting or ensuring payments. The parties need to reach an agreement on the pricing and the payment terms prior to the finalization of the transaction.
ECAYTRADE is not involved in the actual transaction between the parties. As a result, ECAYTRADE has no control over the quality, safety or legality of the goods, services or transaction. ECAYTRADE has no control over payments made by the Consumer to the Seller. We cannot ensure that a transaction will actually be completed. ECAYTRADE cannot and does not confirm each user's purported identity or age. If a Seller suspects a Consumer may not be legally allowed to purchase a particular item, the Seller should not sell that item to that Consumer. Any agreements are solely between the Consumer and the Seller. In the event that you have a dispute with one or more users, you release ECAYTRADE (and our officers, directors, agents, subsidiaries and employees) from 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 such disputes. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use ECAYTRADE for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use ECAYTRADE to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. ECAYTRADE reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify ECAYTRADE of any unauthorized use of your account.
By registering with EcayTrade, you acknowledge that you are the rightful owner of the goods and/or services being offered for sale and acknowledge that if it’s later found that you’ve misrepresented ownership or self-identity Ecay retains the right to forward all information to the Financial Crimes Unit and/or other sections of the RCIPS or any other policing/investigatory force anywhere in the world at our discretion. It is unlawful to misrepresent ownership and personal identity.
The links on the ECAYTRADE Web Site may let you leave the ECAYTRADE Web Site. You acknowledge that the linked sites are not under the control of ECAYTRADE and ECAYTRADE is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. ECAYTRADE is not responsible for web casting or any other form of transmission received from any linked site. ECAYTRADE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ECAYTRADE of the linked site or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ECAYTRADE Web Site you warrant to ECAYTRADE that you will not use the ECAYTRADE Web Site for any unlawful purpose.
Harvesting/Data-Mining/Scraping/Collection or Related Use of Our Data
You may only use or reproduce the content on EcayTrade.com (and everything/anything within it) for your own personal and non-commercial use UNLESS explicitly agreed prior with EcayTrade Authorized personnel. The framing, scraping, data-mining, extraction or collection of the content of EcayTrade.com in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on EcayTrade.com. EcayTrade will rigorously utlize all law enforcement procedures and options to limit any entity that is engaging in scraping, harvesting or similar unauthorized collection and use of our Data. Note, our Data specifically means all and any content on display through EcayTrade.com including and not limited to the Adverts placed by our members.
Please note, EcayTrade holds the rights in its absolute discretion to delete any adverts that are placed by commercial businesses that are non-official partners of Ecay that may directly or indirectly be viewed by EcayTrade to offer an unfair advantage over an official commercial partner of the Ecay Group. Ecay reserves the right to remove these adverts without prior warning. If you are unsure about what constitutes an official partner of EcayTrade, please contact us directly. Please note, ECAYTRADE does not endorse or accept any responsibility whatsoever for the content or otherwise of any adverts posted by commercial sellers that may be endorsed or promoted by ECAYTRADE. EcayTrade monitors usage of the site to protect its clients and users and will enforce limitations and/or block usage of the site by individuals and/or commercial enterprises that Ecay determines in its sole discretion to be contrary to the spirit of the site, including but not limited to excessive use of the contact forms. Ecay reserves the right to restrict and/or deny access without prior warning.
RIGHTS GRANTED TO ECAYTRADE
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the ECAYTRADE Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant ECAYTRADE the licenses set forth below. You hereby grant ECAYTRADE and its affiliated companies permission to:
- Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
- Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
- Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to ECAYTRADE or its sub- licensee's use of the materials contained within such communication. ECAYTRADE is under no obligation to post or use any materials you may provide, and may remove such materials at any time in ECAYTRADE sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE ECAYTRADE SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ECAYTRADE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ECAYTRADE SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ECAYTRADE, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ECAYTRADE, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ECAYTRADE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE ECAYTRADE SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT ECAYTRADE IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED US DOLLARS (US $100). THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the ECAYTRADE Web Site are proprietary to ECAYTRADE, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. ECAYTRADE reserves any rights not expressly granted herein. ECAYTRADE nor any affiliate Ecay website authorizes any non-affiliated website to scrape, copy, or otherwise take any content from the EcayTrade website and use it as their own. Any person(s) or company found doing so will be subjected to legal and potentially criminal actions.
PRIVACY & PERSONAL INFORMATION
PROMOTIONAL MESSAGES & NEWSLETTERS
By signing up for an EcayTrade Account, you accept delivery of Ecay Company Newsletters (For Example, Debbie's Weeklies). ECAYTRADE does regularly send e-mail messages and/or newsletters to Users regarding Users account and also for promotional purposes directly related to EcayTrade and Ecay Group websites and products. ECAYTRADE may also provide your e-mail address to third parties, and/or send you promotional messages regarding third party services not directly related to ECAYTRADE. It is in your sole discretion to request not to receive any such emails by checking on the appropriate forms on the login/registration sections of Ecaytrade.com
The laws of The Cayman Islands shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of The Cayman Islands.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of ECAYTRADE, ECAYTRADE is unable to perform in whole or in part its obligations as set forth in this Agreement, then ECAYTRADE shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make ECAYTRADE liable to the User.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless ECAYTRADE against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with ECAYTRADE.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
In the event of a merger or consolidation of ECAYTRADE, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
ECAYTRADE reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the ECAYTRADE Web Site. You are responsible for regularly reviewing these documents. Continued use of the ECAYTRADE Web Site after any such changes shall constitute your consent to such changes. ECAYTRADE does not and will not assume any obligation to notify you of any changes to the Terms of Service