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Terms of Use

Introduction

Welcome to Buy&Sell. By accessing buy-and-sell.mu and its related websites, services, applications or tools (Collectively referred to as “Buy&Sell”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Buy&Sell works for everyone. Buy&Sell is provided to you by Aronia Group LTD, 25, Rte des Pamplemousses, Port Louis,PL,11704,Mauritius, registered in Mauritius with number 158463. These Terms of Use constitute a legally binding agreement between you and Aronia Group LTD and are effective as of 20 August 2019 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the “Create Account” button when registering a Buy&Sell account and by otherwise accessing Buy&Sell, including posting an ad; or as otherwise indicated on Buy&Sell.

Using Buy&Sell
As a condition of your use of Buy&Sell you agree that you will not:

  • violate any laws;
  • violate the Policies;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Buy&Sell or the interests or property of Buy&Sell users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Buy&Sell;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Buy&Sell and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from Buy&Sell or Buy&Sell’s copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Buy&Sell;
  • use any tool that interferes with the normal functioning of Buy&Sell, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Buy&Sell’s functionalities; or
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Buy&Sell and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of Buy&Sell either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Buy&Sell, we may, at our discretion, inform other Buy&Sell users that have been in contact with you and recommend that they exercise caution.

Abusing Buy&Sell
Buy&Sell and the Buy&Sell community work together to keep Buy&Sell working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Buy&Sell if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Buy&Sell employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Buy&Sell or not, we do not have any obligation to monitor the information transmitted or stored on Buy&Sell and we do not accept any liability for unauthorised or unlawful content on Buy&Sell or use of Buy&Sell by users.

Fees and Services
Using Buy&Sell is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in MUR, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on Buy&Sell. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Buy&Sell fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Buy&Sell in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Buy&Sell users for any fees paid through use of Buy&Sell in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
  • If your ads went live with exposure on the Buy&Sell sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed in the Pets or Massage categories of Buy&Sell;
  • If your ads are placed into “edit” mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;
  • Please note that the above list is not exhaustive. See the Buy&Sell Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

Content
Buy&Sell is protected by copyright laws. Content displayed on or via Buy&Sell is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Buy&Sell without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Buy&Sell. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Buy&Sell (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels.

Buy&Sell may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Buy&Sell ad while your ad is on Buy&Sell. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Buy&Sell’s sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Buy&Sell is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Buy&Sell policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Infringement
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Buy&Sell by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Buy&Sell.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and email it to Buy&Sell at contact@buy-and-sell.mu. You can use this email to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Buy&Sell to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Buy&Sell via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by Buy&Sell users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using Buy&Sell Help.

Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Buy&Sell comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Buy&Sell, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release
If you have a dispute with one or more Buy&Sell users, you release us (and our 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 or unknown, arising out of or in any way connected with such disputes.

Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy
By using Buy&Sell, you agree to the collection, transfer, storage and use of your personal information by Buy&Sell on servers located in UK and United States as further described in our Privacy Notice.

You shall comply with your obligations under applicable Data Protection Act 2004 .

Resolution of disputes
If a dispute arises between you and Buy&Sell, we strongly encourage you to first contact us directly to seek a resolution by going to the Buy&Sell Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General
These terms and the other policies posted on Buy&Sell constitute the entire agreement between Buy&Sell and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of Mauritius. You agree that any claim or dispute you may have against Aronia Group LTD must be resolved by the courts of Mauritius. You and Buy&Sell both agree to submit to the non-exclusive jurisdiction of the Mauritius; for claims falling within the jurisdiction of a Supreme Court, you and Buy&Sell both agree to submit to the jurisdiction of the Supreme Court of Mauritius.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Aronia Group LTD, 125, Rte des Pamplemousses, Port Louis,PL,11704,Mauritius. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Buy&Sell website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using Buy&Sell please see the Buy&Sell Help page.

Mobile Devices Terms
If you’re accessing Buy&Sell Services from a mobile device using a Buy&Sell Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. Buy&Sell grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the buy-and-sell.mu website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. Buy&Sell owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Buy&Sell’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Buy&Sell Application.

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