For the registration of an account, you shall provide necessary current information for the purpose of generation of User account, which includes User’s unique Username or Email Address and password as well as his/her name and surname. Our Registration Form may require the User to provide more detailed information.
We provide you a Free & Paid Classified Advertisement Platform that allows users to offer, sell by posting an advertisement and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between Users. In such a manner we are not a party of the transaction, but we only provides a platform for posting of advertisement. We also have no control over and do not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.
We don’t pursue actions focused on checking of materials posted by Users and expressly disclaims all responsibilities in relation to materials posted by Users.
We may set limits of active advertisement for appropriate columns also can render additional services for increasing of a column limit by Subscription Plan or Additional Fees.
The fees we charge for using our platform are listed before you place an advertisement.
Using Our Platform
The User shall:
- Provide complete and current data during registration and ensure them being updated.
- The User shall immediately change data for accessing our product or services, if he/she has a suspicion that his/her Username or Email Address and password used to access our product or services were disclosed or probably used by the third parties.
- Notify us of unauthorised access to the personal account and/or of unauthorised access to and/or use of User’s login information.
- Avoid posting of information and objects (including references hereto) to our product or services, which can infringe other persons’ rights and interests.
- Avoid posting of information and objects (including references hereto) to our product or services prohibited by these Terms and Conditions and by applicable law.
The User shall not:
- Log in as a User on behalf or instead of other person (“false account”). However, the User can log in for and on behalf of other individual or legal entity subject to receipt of necessary well-documented authorities
- Confuse User concerning his/her personality using login information of any other registered User.
- Illegally download, store, post, distribute or provide access to or in any other way use intellectual property of Users and the third parties.
- Perform bulk mailing to the addresses of other sites Users without their consents.
- Use software and pursue any other actions aimed to interference with normal operation of our product or services or Users personal areas.
- Download, store, post, distribute and provide access to, or in any other way use viruses and other malware.
- In any way, including, but not limited to, fraudulently, be way of breach of faith or crack, endeavor to get access to other User’s login information.
- Perform illegal collection and processing of other individuals’ personal data.
- Use our product or services otherwise but as provided herein, except when such actions were directly permitted to the User pursuant to a separate agreement with us.
- Reproduce, duplicate, copy, sell, carry out trade transactions and resell access to our product or services for any purposes, except when such actions were directly permitted to the User pursuant to a separate agreement with us.
Each User shall warrant and acknowledge that:
- He/she undertakes full responsibility for obtaining of all necessary permits in relation to any User content, which he/she represents, downloads, or displays.
- Any User content represented, downloaded or displayed by him/her does not infringe any copyrights, patents, rights for trademarks, firm names, commercial secrets or any other personal or proprietary rights of any third party.
- He/she is entitled and authorized for sale, trade, distribution or export of products and services described in User content and such sale, trade, distribution or export, or offer does not infringe any Third party rights.
Placing of advertisement by the User
- We may request User to provide the documents confirming legitimacy advertisement placed in relation to goods and services.
- The User warrants that goods/services he/she offers corresponds with quality norms established by legislation of states, in which they are sold, and are free of the third parties’ claims.
- The User warrants that goods/services he/she offers, provided that any special permits are needed for sale or rendering of them, will be sold/rendered in accordance with the requirements of states, which special authorities will be empowered to supervise such User’s activity.
- The User shall thoroughly check all information about goods and services posted by him/her to the site and in case of any incorrect information detected or add necessary data in the description of goods or services. If no possibility exists to do so, the User shall adjust incorrect information by having annulled the advertisement and posted information about goods or services again.
- Delivery conditions should be included in a goods description, and services terms and conditions should form a part of service description. Goods sale and service terms and conditions developed by the User shall not interfere with these Terms and Conditions and applicable legislation of states, for which they are sold.
- Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, the terms and conditions of price change shall be provided in an advertisement.
- The User is not allowed to post or distribute:
- False, misleading or deceitful information.
- Disreputable, defamatory, threatening or harassing, improper, unacceptable information.
- Discriminative information or information that facilitates discrimination on the basis of race, sex, religion, nationality, invalidity, sexual orientation or age.
- Information which violates applicable laws and regulations (including, without limitation, those regulating export control, consumer protection, unfair competition or false advertising, intellectual property rights).
- Vulgar abusive language.
- Advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts.
- Appeals to violence and unlawful actions.
- Data infringing personal (non-proprietary) rights and intellectual property rights of the third parties.
- Information that facilitates fraud, deception or breach of faith.
- Information leading to transitioning with stolen or counterfeit objects.
- Information violating or encroaching on the third party’s property, commercial secret or right to privacy.
- Personal or identifying information about other persons without their express consent.
- Information comprising data which may encroach on privacy right, abuse anybody’s honor, merit or business reputation.
- Information comprising slander or threats directed against whosoever.
- Information of pornographic nature.
- Information which may inflict damage to under-ages.
- False or misleading information.
- Viruses or any other techniques being able to damage the Resource, Administrator or other Users.
- Information about services deemed to be immoral, such as prostitution or other forms contradicting moral or legal norms.
- References or information about websites competing with our product or services.
- Information representing “spam”, “chain letters”, “pyramids schemes” or undesirable or deceitful commercial advertising.
- Information distributed by information agencies.
- Information offering to earn over the Internet without employer’s actual address or direct contacts indicated.
- Information of multistage and network marketing or any other activity, which requires recruiting of other members, sub-agents, sub-distributors, etc.
- Information of solely promotional nature with no offers of specific goods or services.
- Information or advertisement about counterfeit and imitated goods or unauthorised copies. Unauthorised copies include also goods having been acquired by illegal means, pirated or stolen. Such goods may infringe intellectual property rights and trademark rights as well.
- Information or advertisement on sale being able otherwise to violate legislation of state, which this announcement is intended for.
Intellectual property rights
- If User posts legally owned content to our platform, he/she hereby grants to other users and us non-exclusive rights for its use solely in the scope of functionality provided by our product or services, except when such use damages or may damage legally protected right holder’s interests.
- The User also grants to us a non-exclusive right to use content which is located on our platform and legally owned by him/her without a compensation so we would be able to ensure operation of our product or services to the extent determined by its functionality and architecture. The above mentioned non-exclusive right is provided for the period of posting of content to site covering all states over the world. We are entitled to assign rights described in this clause to the third parties.
- Responsibility for violation of exclusive rights. The User shall be solely responsible for any content or other information, which he/she downloads or in any other way make publicly available (posts) on our product or services, or by its means. The User shall not download, distribute or post content to our product or services, if he/she is not properly entitled to such activity. In case of infringement of rights being detected, the rules of filing of notification on the infringement of rights stipulated herein shall be used.
- Materials on this site except those posted by the User, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to the Administrator representing items of copyright and of any other intellectual property rights. Unauthorised use of such Materials and Marks without prior notice of the Administrator is not allowed.
Notice for Claims of Intellectual Property Violations and Copyright Infringement
- If you are a holder of intellectual property rights or a person authorised to act in the name of a holder of intellectual property rights and you reasonably believe that information which is posted to our platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the us requiring to delete such material. In this regard you shall warrant that your appeal has a legal basis and you act in good faith according to law.
- Providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:
- An appeal should include physical or electronic signature of a person empowered for acting in the name of a holder of exclusive right, which is believed to be infringed.
- The items of intellectual property right, rights on which were supposedly infringed, shall be specified. If several items exist, the entire list of such items shall be provided.
You shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement.
- You shall provide contact information so that we would be able to contact you, for example, address, phone number, and email address.
- Signed application with regard to your faithful and reasonable believe in that materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law.
- Signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties claims related to deletion of relevant materials by the Administrator.
Signed application with regard to that information contained in a notification is accurate under penalty of perjury and you are authorized to act in the name of a holder of exclusive right which has been supposedly infringed.
Statutory regulations indicated which you believe to be violated in connection to using of disputable content.
- State indicated, in which territory you believe the rights to be infringed.
- Copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.
- Relevant notification shall be sent to email firstname.lastname@example.org
Anti spam policy
Limitation of liability
- All services that we rendered are “as available” and “with all faults” and we disclaims all warranties, expressed or implied, including without limitation any guaranties regarding condition, quality, life duration, performance, accuracy, reliability, commercial value and suitability for specific purposes. All such warranties and liabilities are hereby excluded.
- We make no warranties concerning authenticity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided by a user using this platform, We also make no warranties concerning the manufacturing, import, export, offer, displaying, purchase, sale and/or use of products or services which are offered or displayed on this platform do not infringe any third parties’ rights And we make no warranties or representations of whatsoever nature concerning any products or services offered or provided on this platform..
- Any data downloaded or in any other way acquired by means of this platform are created at each User’s discretion and each User shall be fully responsible for any damages inflicted to the computer system or loss of data, which may arise as a result of downloading of any such data.
- We and our affiliated parties shall bear no responsibility for materials posted by the Users as well as for goods and services offered by the User for trade, We disclaims all warranties regarding the quality of goods and services acquired from this platform will be consistent with a buyer’s expectations and/or demands also we make no warranties about that goods, services or information ordered by means of this platform will be provided by the User in accordance with a buyer’s expectations.
- Each User hereby agrees to indemnify us, our affiliated parties, directors, officials and employees from any and all losses, claims, liabilities, which may arise, whether directly or indirectly, as a result of any claims, made by holders/claimants of the Third parties or other parties’ rights, related to the goods and services offered or displayed on this platform, Each User hereby acknowledges that we shall have no liabilities or responsibilities against you with regard to any data posted by any other persons as well as those discreditable or illegal and risk of losses related to such data remains entirely with each User.
- We shall not be responsible for any expressed or implicit, penalty, accidental or consequential losses or damage of whatsoever nature (including, but not limited to, losses related to loss of profit or saving, termination of business, loss of information, loss of benefit), incurred as a result of transitioning, negligence, delinquency, or in any other way or any other losses related to the following actions:
- Use or impossibility of use of this platform.
- In case of any defects of goods, patterns, data, information or services purchased of otherwise acquired from the User or by any other party by means of this platform.
- Infringement of the third-party’s rights or claims, or requirements for production, import, export, distribution, offer, display, acquisition, sale and/or use of User’s products or services, offered or displayed on this platform which may infringe or may be purported as infringing the third parties’ rights or a claim of any party related to rights protection.
- Unauthorised third parties’ access to any User’s data or personal information.
- Applications or actions of any of our platform User.
- Or other actions related to use of this platform and arising by negligence as well.
- We reserve the right to delete or block access to information posted by User without notice in the event of:
- Receiving of mandatory judgements of competent public authorities.
- Claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on this platform, other infringements of rights or legal interests of other Users of this platform, legal entities or individuals upon their reasonable appeal.
- We shall be entitled to block access to information posted by users to this platform at our sole discretion having provided a user with relevant substantiation.
Users and organizations interaction
- We disclaim any responsibility for User’s interaction with any organizations and/or persons in the course of using our platform. This includes but not limited to payments for and delivery of goods and services as well as any other interaction in relation to other organizations and/or individuals. Transactions are concluded only between Users and such organizations and/or individuals. We disclaim responsibility for such interactions or other losses incurred following such relations or interactions. If any dispute arises between you and one or several other users, you shall indemnify us and our officials, employees, agents and successors from any and all claims, requirements and losses (whether direct or indirect) of whatsoever kind or nature, which arise or relate to such disputes and /or goods and services.
- Commencing Arbitration. A party intending to seek arbitration must first send to the other by an international courier with a tracking mechanism a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to us via any other method available to us including via E-mail. The Notice to us must be addressed to GWCADS.COM FREE & PAID ADVERTISEMENT PLATFORM, Attn: Chief Executive Officer (the “Arbitration Notice Address”).
The Notice must:
- Describe the nature and basis of the claim or dispute.
- Arbitration Proceeding, the arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and GWCADS agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties:
- The arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration.
- The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.
- Any judgement on the award the arbitrator renders may be entered in any court of competent jurisdiction.
- No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND GWCADS AGREE THAT WE BOTH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 11.
- Improperly Filed Claims. All claims you bring against GWCADS must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, We may recover attorneys’ fees and reimbursement of its costs provided that we notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
- The policies posted on our platforms may be changed from time to time and changes take effect when we post them on this platform.