Terms and Conditions for Access and Use of the a2zdecor.com,
Web Site.
These
terms and conditions affect your legal rights.
This
online marketplace "Agreement" is among "a2zdecor.com",
an Egyptian site, users of the a2zdecor.com web site, "Buyers"
of items through the a2zdecor.com web site, and "Sellers"
of items through the a2zdecor.com web site meet for the acquisition
of products and use of information through the a2zdecor.com web
"Site".
I.
General Terms
1.
Agreement Organization
The
terms contained in Section I of this Agreement apply to all services
provided on the site. The provisions contained in Section II of
this Agreement apply additionally to the Request For Quote (RFQ)
services.
a.
Usage Agreement: The a2zdecor.com site is an online
information service provided by a2zdecor.com. By using the site,
you agree to be legally bound by the terms and conditions in this
Agreement. Please take the time to read this agreement carefully
and understand its full contents before using the site. Your use
of the site confirms your acceptance of the terms of this Agreement.
This Agreement may be modified at any time without notice, and
any modifications shall be effective immediately upon the posting
of such modifications on the site or notification to you by other
means. By accessing and using this site you agree to periodically
review this Agreement and be bound by any modifications or amendments
to it. This Agreement may not be otherwise amended except in writing
signed by you and a2zdecor.com. This Agreement was last revised
on 6/10/2001
b.
Controlling Terms: These terms apply to all users of
a2zdecor.com and users of the site who
have registered through other portals or affiliated organizations.
This Agreement may be superseded by a separate agreement between
you and a2zdecor.com. If the terms of this Agreement conflict
with terms contained on other sites, the terms of this Agreement
shall control.
2.
a2zdecor.com
Provides Only a Forum for Buyers and Sellers to Meet for the Purpose
of Conducting Business Transactions. a2zdecor.com is not a buyer,
but only acts as an intermediary between the buyer and seller.
a.
Independent Contractors: Agreement
shall not be interpreted or construed to create an association,
joint venture or partnership between the parties or to impose any
partnership obligation or liability upon either parties.
b. No Control Over
Sellers: Since a2zdecor.com cannot screen all content
provided by the users of our site, we have no control over the
quality, safety or legality of the items advertised, the truth
or accuracy of the listings, or the ability of Buyers or Sellers
to make actual transfer of the items. Thus, a Buyer or Seller
may find other users' information to be inaccurate. If you believe
any information is inaccurate, please contact a2zdecor.com at
info@a2zdecor.com.
3.
Items and Services
a.
Buying or Selling an Item or Service on the a2zdecor.com
Site - A
user who completes a purchase is deemed to be a Buyer. By purchasing
an item or service you agree to be bound by the conditions of sale
included in that item or service's description or linked to its
description, and the terms of this Agreement. If you buy or sell
controlled items, you certify to a2zdecor.com and the Buyer or Seller,
that you
(a)
comply with all foreign and domestic export control laws with
respect to that item; and
(b) do not produce or distribute any software, products,
or technical data in any country where such
production or distribution would be unlawful. The Seller is
solely responsible for verifying license
requirements.
b.
Services: a2zdecor.com is the sole decision-maker
as to the use of the site and therefore has the right to prohibit
or remove any materials or communications that a2zdecor.com believes
to be in violation of our policies. a2zdecor.com has the right
to change, re-list previously withdrawn listings, remove items
for sale, cancel any listing, or reject a purchase order at any
time. All times posted on the site will be displayed in Central
Standard Time. Posted closing times are approximate. If a problem
occurs with a winning bid in an auction, a2zdecor.com may reinstate
a previous Suppliers bid to winning status at the last bid price.
All representations of facilities, services or the accompanying
items displayed on the site are representations of the items or
services at the point in time when the corresponding images were
created. The services, images, facilities and items are subject
to change and are not necessarily an accurate representation of
the services, images, facilities, or items as they exist today.
4.
Fees
Fees
for Other a2zdecor.com Services: a2zdecor.com will
display fees for services that appear on the site either in these
terms and conditions, as amended, or on the relevant service page.
We may change our fee schedule at any time. Payment terms are
described for every separate service and is liable to change any
time without prior notice.
5.
Copyright and Trademark Notices
"a2zdecor.com"
is a registered trademark/service mark of a2zeygpt.com.
Refer to copyrights section .
6.
Representations and Warranties
Seller represents that the Seller:
(a) has the full power and authority to enter into this Agreement
(b) has full power and authority to purchase or sell items
posted on the site
(c) has complied or shall continue to comply with all legislation,
rules and regulations regarding the purchase
or sale of any items
(d) shall not use any purchased item in any illegal or non-prescribed
manner and
(e) has read and understands the terms and conditions of
the site. The Seller is solely responsible for verifying
license requirements.
7.
Eligibility
Minors may not purchase items or services on the site.
8.
Privacy
a2zdecor.com holds the confidentiality of its participants in the
highest regard. Our current Privacy Policy is available at Privacy
Policy.
9.
Operational Polices
a2zdecor.com reserves the right to monitor content on our site.
In order to maintain a valuable service that meets the needs of
the users of the site and avoids the harm that can result from the
dissemination of statements that are false, malicious, violate the
rights of others, or otherwise harmful, it is necessary to establish
the following rules to protect against abuse are:
While
using the site you may not:
(a) transmit any message anonymously or under a false name
or User ID;
(b) transmit any unlawful, threatening, abusive, harassing,
libelous, defamatory, obscene, pornographic, profane or
otherwise objectionable information of any kind, including without
limitation any transmission constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or
otherwise under any applicable law;
(c) transmit any message which discloses private or personal
matters concerning any person, including,
but not limited to, messages or information which would violate
a persons rights of privacy or publicity
(d) transmit any information, file or software that contains
a virus, worm, Trojan Horse or any other contaminating or
destructive features or
(e) interfere, in any way, with other use of or access
to the site.
Without
limiting other remedies, which may include legal action, we may
immediately issue a warning, suspend or terminate your membership:
(a)
if you breach this Agreement or the documents it incorporates by
reference;
(b) if we are unable to verify or authenticate any information
you provide to us; or
(c) if we believe that your actions may cause legal liability
for you, our users or us.
10.
No Warranty
By accessing this site, you assume all responsibility and risk of
use of the site and any products or services contained there in.
The site is provided on an "as is" basis without warranties
of any kind either express or implied, including but not limited
to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or title. a2zdecor.com makes no representations
or warranties with regard to the correctness of description or genuineness
of the items sold, or as to whether the buyer acquires any intellectual
property rights in the sold items, or as to whether an item is subject
to creditor or other security interests. a2zdecor.com does not warranty
seller's compliance with any liens of other requirements, whether
state, federal or otherwise. a2zdecor.com
assumes no responsibility for errors or omissions in this site and
is not responsible in any way for the functionality, specifications
or any other aspect of the items posted. We do not guarantee continuous,
uninterrupted or secure access to our services or that defects in
the site will be corrected. You are responsible for implementing
sufficient
procedures to satisfy your particular requirements for protection
of your system and/or accuracy of data, and for maintaining a means
for reconstruction of lost data. This warranty gives you specific
legal rights, and you may also have other rights that vary by jurisdiction.
11.
Limitation of liability
Under
no circumstances shall a2zdecor.com be liable to a user or any other
party for any punitive, special, incidental, indirect or consequential
damages of any kind, or any damages whatsoever (however arising,
including by negligence), including, without limitation, those resulting
from loss of use, data, sales, goodwill or profits, whether or not
a2zdecor.com has been advised of such possibility, or under any
legal or equitable theory of liability, in tort, contract or otherwise,
arising out of or in connection with the use of the site. The buyer's
exclusive remedy and a2zb's entire liability, as well as the seller's
entire liability, is limited to the sum actually paid by the buyer.
The foregoing limitations will apply even if any warranty or remedy
provided under this Agreement fails in its essential
purpose. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation
may not apply to you.
12.
Indemnity
The
Sellers and the Buyers shall indemnify, defend and hold harmless
a2zdecor.com and its parents, subsidiaries, affiliates, and their
directors, officers, employees, agents, and subcontractors against
all claims, actions, liabilities, losses, expenses, damages and
costs, including, but not limited to, attorneys' fees, that may
at any time be incurred by reason of
(a) any claim based upon alleged errors or omissions or misrepresentations
in a party's listing(s),
(b) any virus, worm, Trojan Horse or other contaminating
or destructive feature contained in a party's listing(s),
(c) any design defects or products liability from any items
listed on the site, or
(d) any sale or other claim brought by a third party having
a basis in contract or tort, in law or in equity, including
but not limited to, interference with contract or prospective economic
advantage, breach of contract, negligence,
misrepresentation, gross negligence, products liability or strict
products liability.
13.
Notices
Except as explicitly stated otherwise, any notices must be sent
to a2zdecor.com in English by postal mail to:
a2zdecor.com,
Inc
Attn: Legal Services
30 Attia El Sawalhy St., 11471
Nasr City
Cairo
Egypt
Notice
shall be deemed given 24 hours after the mail is received. Alternatively,
we may send you notice by email, certified mail, postage prepaid,
or return receipt requested, to the address you provide to a2zdecor.com.
In such case, notice shall be deemed given 3 days after the
date of mailing.
14.
Refunds, Returns and Exchanges
a2zdecor.com will not make or accept, refunds, returns or exchanges.
Any and all transactions involving refunds, returns, or exchanges
will be the mutual responsibility of the Buyer and Seller involved
in the transaction.
15.
Taxes
The Buyer or Seller bears the responsibility for all local, state,
national or foreign taxes, licenses, fees, export/import fees and
any other similar obligations. Under no circumstances will a2zdecor.com
be liable for sales tax or any other tax unless specifically specified
by a2zdecor.com in the transaction.
16.
Comments
Buyers' and Sellers comments are intended for educational
value only and are not read by a2zdecor.com for order processing
instructions.
17.
Fraud
It is illegal to make bids under a false name or User ID or with
an invalid credit card or invalid banking instructions. Please be
aware that even if you do not give a2zdecor.com your real name your
web browser will transmit a unique address to us, which can be used
by law enforcement officials to identify you.
18.
Severability
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations, such invalid provisions shall
be deemed to be superseded by a valid, enforceable provision that
emulates the intent of such original provision and the remainder
of the Agreement shall continue in effect.
19.
No Waiver
The failure of any party to require or enforce strict performance
by any other party of any provision of this Agreement or to exercise
any right shall not be construed as a waiver or relinquishment of
such party's right to assert any such provision or right in that
or any other instance.
20.
Entire Agreement
This Agreement constitutes the entire agreement between you and
a2zdecor.com with respect to the Site and it supersedes all prior
or contemporaneous oral, written or electronic communications and
proposals between you and a2zdecor.com. A printed version of this
Agreement and of any notice given in electronic form will be admissible
in judicial or administrative proceedings relating to this Agreement
to the same extent and subject to the
same conditions as other business documents originally generated
and maintained in printed form.
21.
Successors are Bound
These Conditions of Sale shall bind the successors and assigns of
all Buyers and Sellers and shall inure to the benefit of our successors
and assigns.
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II. Legal Notice
1.
Notice
An offer made by a Seller to sell goods that is submitted to a2zdecor.com
web site system is a legally binding offer to sell on the terms
you, the Seller, have stated. For so long as the offer is available
on the Site to potential buyers, it can be accepted and a legally
binding contract can result between you, the Seller, and the Buyer
of your goods.
The
Buyer can enforce a legally binding contract against you if you
refuse or otherwise fail to fulfill your obligations under the contract.
Amongst other things, a court may order you to perform your contractual
obligations and/or award damages to the Buyer for any losses he
may have incurred plus interest and incidental expenses.
2.
Disclaimer
a2zdecor.com accepts no responsibility or liability to the Buyer,
the Seller, or any other party to the transaction for any losses,
direct or indirect, or any consequential losses or other economic
losses arising out of a legally binding contract entered into by
the Seller, the Buyer, and/or any other party, whether the loss
arises from negligence, fraud, breach of contract, or otherwise.
a2zdecor.com
expressly disclaims any liability or responsibility for any damages,
loss, or injury arising out of any negotiation, purported negotiation,
or contract or purported contract between you, the Seller, and the
Buyer, and/or any other party.
3.
Indemnity
In consideration for a2zdecor.com making its on-line market system
available to you, the Seller, you agree to indemnify, and hold harmless
a2zdecor.com from and against any and all costs, losses, liability,
claims and/or damages which a2zdecor.com incurs and/or suffers as
the result of you, the Seller, failing for any reason to fulfill
and/or perform your obligations under any contract and/or agreement
you have concluded or may conclude with a buyer of your goods. This
indemnity includes but is not limited to any costs, loss, liability,
and/or damages
arising out of any claim brought against a2zdecor.com by any Buyer,
or other party, by virtue of making its on-line trading system available
to you, the seller.
4.
Acceptance
If you decide to proceed with posting your offer to sell goods,
the following Conditions of
Contract will apply:
a.
DEFINITIONS - An "advertisement" will include any
online service or picture that is published, produced and/or generated
by the publisher, a2zdecor.com.
b.
IMAGES - A Seller must submit its own images for the advertisement.
Images provided by the Seller are subject to a2zdecor.com's approval
and must follow a2zdecor.coms layout guidelines.
c.
AMENDMENTS - Images and content may be amended at any time
during the posting period.
Any and all changes are subject to a2zdecor.coms approval.
d.
VALIDITY - a2zdecor.com will post an advertisement when all
materials and/or any required payments are received and the advertisement
has been approved. a2zdecor.com further reserves the right to
refuse to post an advertisement, or to cancel the agreement and
remove the advertisement at any time, without giving a reason
thereof.
e.
NOTIFICATION - Advertisers may be notified by email when products
have been posted, and are encouraged to visit a2zdecor.com to
verify their posting.
f.
LIABILITY - a2zdecor.coms liability will not exceed
the charges for the advertisement in question. a2zdecor.com assumes
no liability if for any reason it becomes necessary to reject
or omit an advertisement, and assumes no liability for errors
or omissions made in text, layout, color or placement of an advertisement.
Though every care will be taken, a2zdecor.com accepts no responsibility
or liability for damage to or loss of photographs, diskettes,
or other materials submitted for the advertisement.
g.
INFRINGEMENT - The advertiser warrants that the contents of
the advertisement do not violate or infringe upon any intellectual
property right or rights held by others, including graphics and
other designs deemed unique and with copyright; and that it has
the right to publish the contents thereof. In consideration of
a2zdecor.com posting the advertisement, the advertiser agrees
to indemnify, defend, and save a2zdecor.com harmless from any
and all liability for the contents (including but not limited
to graphic images, text, illustrations, representations, sketches,
maps, trademarks, brand names, logos, labels, graphics, software
or other copyrighted matter) of advertisements, or the unauthorized
use of any person's name, or still image, arising from a2zdecor.coms
posting of such advertisements pursuant to the
advertiser's instructions.
h.
LEGAL EXPENSES - The advertiser agrees to bear all legal expenses
including attorney's fees that may be incurred by a2zdecor.com
relating to any claims or demand made by third parties caused
by the posting of the advertisement on behalf of the advertiser;
violation of these Terms and Conditions by the advertiser; or
infringement by the advertiser of intellectual property rights
or other rights or claims asserted by third parties.
i.
INFORMATION - The advertiser agrees that a2zdecor.com, or
the sales office of its local representative, may from time to
time, send the advertiser by e-mail or other means, news and other
information and updates regarding a2zdecor.com or a2zdecor.com's
publications and services.
j.
UNSUITABLE PRODUCTS AND MATERIALS - a2zdecor.com will not
post advertisements that are deemed by it to be obscene, pornographic,
disparaging of a2zdecor.com or its products and services; or to
be otherwise in poor taste; nor will a2zdecor.com post advertisements
whose purpose is to encourage unlawful or inappropriate activities
or behavior in others.
k.
RIGHTS TO REPRODUCE - All postings prepared by a2zdecor.com
remain the property of a2zdecor.com and may not be reproduced
without the written permission of a2zdecor.com.
l.
DELAYS - a2zdecor.com will not be liable for delays in posting
advertisements in the event of an Act of God, action by any governmental
entity, fire, flood, insurrection, riot, explosion, embargo, strikes
whether legal or illegal, labor or material or power or bandwidth
shortage, transportation interruption of any kind, work slow-down,
or any conditions beyond the control of a2zdecor.com affecting
production or delivery in any manner.
m.
CONFLICTING TERMS - No conditions, printed or otherwise appearing
on contracts, orders or copy instructions which conflict with
the conditions stated herein will be binding on a2zdecor.com or
take precedence over these terms and conditions.
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