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LOCALTRADE.BIZ User Agreement and Privacy Policy Welcome to LOCALTRADE.BIZ an online service provided for registered members to buy/sell item/items. By becoming a registered member of LOCALTRADE.BIZ you agree to be bound by LOCALTRADE.BIZ’s terms & conditions together with it’s privacy policy. You should not use LOCALTRADE.BIZ’s services if you do not agree with LOCALTRADE.BIZ’s terms & conditions or it’s privacy policy. The provosions of sections 3,7,8,9,10,11 and 12 shall survive any such termination. 1. Modification of terms & conditions LOCALTRADE.BIZ will modify/ vary these terms & condition from time to time. They will be effective immediately upon LOCALTRADE.BIZ posting these modified terms & condition on its site. Be familiar with these modified / varied terms & conditions on this site. If you do not agree to these modified terms & condition do not use the site. By continuing to use LOCALTRADE.BIZ’s site you agree to be bound by these latest terms & conditions. 2. Definitions: We / us / our means LOCALTRADE.BIZ MEMBER: Registered member of LOCALTRADE.BIZ Services: Any and all services offered by LOCALTRADE.BIZ Vendor: any person/persons/entity placing a listing Site Website- LOCALTRADE.BIZ : Website through which you offer to sell/buy/negotiate/auction/any product/or services (also referred to as item/items) listed on LOCALTRADE.BIZ You/your: You or any entity using or accessing LOCALTRADE.BIZ’s site. 3. Once you become a registered member of LOCALTRADE.BIZ you can avail and use the services provided by LOCALTRADE.BIZ’s site. You agree to provide LOCALTRADE.BIZ with complete current and accurate information with regards to your membership. You are wholly and solely responsible for any contract or transaction between you and any other member. You agree not to hold LOCALTRADE.BIZ liable or responsible for any and all misconduct by any member or members. You agree not to hold LOCALTRADE.BIZ liable or responsible without limitation, member or members who register under false pretenses who defraud you. You will be responsible for maintaining the confidentially of your password. You agree and understand that LOCALTRADE.BIZ does not take responsibility for credit card fraud. You agree and understand that LOCALTRADE.BIZ will have advertising on its site. The advertising is the sole responsibility of the advertiser. LOCALTRADE.BIZ does not endorse any advertisements whatsoever. 4. Online platform You agree and understand that LOCALTRADE.BIZ is not an auctioneer under any meaning of the word. LOCALTRADE.BIZ is a website for members to buy/sell item/items. LOCALTRADE.BIZ does not take any part in any capacity whatsoever in buying or selling item/items/or the bidding process. A contract is formed directly between the buyer and the seller. LOCALTRADE.BIZ does not own any item/items listed on its website. Therefore LOCALTRADE.BIZ gives no undertakings warranties, or representations expressed or implied in relation to item/items sold listed on LOCALTRADE.BIZ’s website. Member/members agree that LOCALTRADE.BIZ is neither liable nor responsible for any action/inaction of the venders and/or bidders or vendors breaching conditions, representations or warranties. You further agree that LOCALTRADE.BIZ does not ensure that member/members shall perform their obligations is respect of transactions on LOCALTRADE.BIZ’s site. You agree that LOCALTRADE.BIZ expressly disclaims any undertaking warranties, representations (expressed or implied) is respect of ownership of item/items, content, quality, legality, description, safety of any item/items truth accuracy of the listing ,credit worthiness of the member, whether you will be satisfied with the item/items whether the item/items, is exactly what you require. You agree that you are accessing the services available at your own risk. You agree that the contract for sale of any of the products/services shall be strictly between the seller and buyer. LOCALTRADE.BIZ does not own, have title or any right or interest in any item on the site. LOCALTRADE.BIZ has no liability or obligation is respect of such contract. LOCALTRADE.BIZ is not responsible for any non performance or breach of contract entered into between member/members. 1. Good faith will apply in all your dealings through LOCALTRADE.BIZ 2. Do not try to harm this website by any means, automated or otherwise 3. Do not list any contact detail by email address, phone no etc in your member profile, except in those listing categories which require you do so. i.e. property, jobs, classifieds motors. 4. All trade will be conducted in U.S. dollars. All tax obligations are the responsibility of the buyer/seller. LOCALTRADE.BIZ has no tax obligations whatsoever. 5. LOCALTRADE.BIZ will suspend or cancel your membership if you try to avoid LOCALTRADE.BIZ’s success fees. 6. It is the member’s responsibility to check on the legality of the contact for the sale of land and real estate. Please contact a lawer once the bidding has been finalized. 7. Your membership remains solely with you. 5. Selling, Bidding, Buying. Sellers are to list one item in one appropriate category only. The members are to list the item with all relevant information. i.e. payment, terms, insurance, shipping costs etc. The listed item must be accurate in its description. 1. The member must make sure that the item/items listed are legally able to be sold. The items must exist. 2. The member will not list anything that is not legal and against the laws of the country concerned. Therefore any listing that is offensive, stolen, pornographic, is likely to cause offence and anything that is against the laws will not be listed. If the member does list any of the above then you agree that LOCALTRADE.BIZ will disclose your information to the appropriate authorities. 3. Any removal of any listing in an auction will result in a non-refundable withdrawal fee. 4. You must not manipulate prices. 5. In an auction you must sell to the higher bidder. If you cannot contact the highest bidder than you may sell to the next highest bidder & so on. 6. You are not allowed to place multiple listing for a single item/job. 7. LOCALTRADE.BIZ will remove any listing it considers inappropriate. 8. You agree to your email address forwarded to the buyer when the auction closes. 9. LOCALTRADE.BIZ reserves the right to move your listing in the appropriate category. 10. Films, D.V.D., V.C.D. and laser disks can only be sold if they have been examined and classified by the appropriate authorities. You will include this information (classification and all other information) when selling these items. 11. The selling of firearms, ammunition is prohibited. 12. You will sell 4 (four) motor vehicles in any given year. LOCALTRADE.BIZ is not a car market operator. You are required to ensure that the motor vehicle sold is free of any and all encumbrances. 13. LOCALTRADE.BIZ reserves the right to suspend sellers who list an inordinate amount of listings. It is at LOCALTRADE.BIZ’s sole discretion. 14. The buyer must not inflate the auction price by any means whatsoever. 15. You must be legally entitled to access the adult category. 16. The buyer’s user name will be shown on the website. 17. The buyer’s amount of bid will be shown on the web site. 18. The buyers email address will be supplied to the seller when you win an auction. 19. You must pay for item/items, if you successfully win an auction. 20. Your bids are final once the auction closes. 6. FEES LOCALTRADE.BIZ charges fees for the use of its website, which are published in its fees page. LOCALTRADE.BIZ will only issue refunds at its sole discretion in form of credits. When LOCALTRADE.BIZ changes its fees, the fees become effective immediately upon LOCALTRADE.BIZ’s posting of its fees on LOCALTRADE.BIZ’s website. The member must be aware of the fees being charged for the services provided. No correspondence will be entered in with the member/members. LOCALTRADE.BIZ will deduct the fees from the members account on listing. Any payment which incurs less than $5 U.S. will incur a $2 U.S. handling fee. There will be no refunds on termination of membership due to a breach of Terms & Conditions. Any other refund will be at the sole discretion of LOCALTRADE.BIZ no correspondence will be entered in to regarding this matter. 7. Representation and Warranties. You release and indemnify LOCALTRADE.BIZ and/or any of its officers and representatives from any loss, damage, liability or other con sequence of any of the actions of the users of the site and specifically waive any claims that you may have in this behalf under any applicable law. LOCALTRADE.BIZ makes no express or implied warranties whatsoever regarding the service etc. And shall not be liable to the customer or any other person (legal natural) on the customers’ behalf. The customer will be deemed to waive and continue to waive any/all claims for any loss, delays, cost, expenses, fees, judgments, damages, direct, incidental or consequential arising out of any mistakes omissions, interruptions, delays, error defects or any other failures with respect to LOCALTRADE.BIZ . The customer shall not use LOCALTRADE.BIZ services for any abusive purposes or for obscene, indecent, threatening, harassing unsolicited messages or messages effecting\infringing upon national or social interest nor create any damage or risk to LOCALTRADE.BIZ or its site or any other person. Customers are warned that if any person fraudulently uses or allows the use of members he/she will be liable for criminal prosecution. The member will act in strict accordance within the law of the country, court of law or any statutory authority. LOCALTRADE.BIZ is entitled to change, vary, add to or withdraw any and all value adds services and/or to vary charges/prices of these services at its sole discretion and without notice. LOCALTRADE.BIZ will not be liable to refund in case of disruption of services for any reason whatsoever. Due to technical ,non-technical reasons services availability and reliability may be affected LOCALTRADE.BIZ is entitled without any liability to refuse, limit, suspend, vary and/or interrupt services at any time at its discretion without any notice or reason. The provision of services is subject to Force Majeru circumstances. 8. Indemnity You agree to release indemnify and hold harmless LOCALTRADE.BIZ, its employers, directors, officers, agents and their successors from and against all actions, any and all claims, damages, liabilities, losses, costs and expenses, including Attorney’s fees caused by or arising out of claims based upon your action or inactions, including but not limited to any warranties, representations, or undertaking or in relation the be fulfillment of any of your obligations under this agreement or arising out of your infringement of any applicable laws, regulations, claim of libel, defamation, violation of rights of privacy or publicity loss of service by other members and infringement of intellectuals property or other rights. 9. Liability You agree and acknowledge that user shall be solely responsible for users conduct. In no event shall LOCALTRADE.BIZ be liable or responsible for any direct, indirect, punitive, including, special or consequential damages or for any damages whatsoever including, without limitation, loss of profits, loss of data, loss of business or in connection with the services, your ability or inability to use the services or site, arising out of in connection with this agreement, regardless whether such liability arises in contract, equity, breach of statutory duty or otherwise. 10. Privacy policy Terms and condition agreement is to be read is conjunction with privacy policy. LOCALTRADE.BIZ does not rent, sell or divulge information to third parties without your consent. 11. Disclaimer You use the services at your sole risk the information provided on LOCALTRADE.BIZ site is on an “as is where is” basis. To the full extent permitted by applicable law, LOCALTRADE.BIZ disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose LOCALTRADE.BIZ will not liable for damages of any kind arising from the use of LOCALTRADE.BIZ’s site or any of the item/services offered, including but not limited to direct, indirect, incidental, punitive and consequential. LOCALTRADE.BIZ makes no representations or warranties of any kind, express or implied to the operation of the site, the information, content, materials products or services included in this site. LOCALTRADE.BIZ takes no responsibility for the content of advertisements appearing on LOCALTRADE.BIZ’s site. Responsibility rests solely with the advertiser. LOCALTRADE.BIZ does not recommend or endorse the advertised product or service. It is the advertiser sole responsibility for any representation made is connection with its advertisement. LOCALTRADE.BIZ is not responsible for protecting its members from Credit Card fraud. 12. Entire Agreement These terms and condition constitutes the entire agreement, between the parties, relating to the subject matter of these terms and condition. If any part of this agreement is determined to be invalid or unenforceable, including but not limited to warranty disclaimer or liability limitations, then the invalid or unenforceable section will be replaced with another sections that most closely matches the intent of the original sections. The remainder of the terms & conditions shall continue in effect. Governing Law This agreement is governed and construed with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts is Navsari, Gujarat, India is all disputes arising out of or relating to the use of LOCALTRADE.BIZ website services. Use of LOCALTRADE.BIZ’s site/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms & conditions, including without limitation, this paragraph. You agree to indemnify and hold LOCALTRADE.BIZ, its officers and employees, harmless from any claim, demand or damages, including attorneys fees, asserted by any third party due to or arising out of your use of LOCALTRADE.BIZ’s site/services. Privacy Policy LOCALTRADE.BIZ has a great respect for your privacy. LOCALTRADE.BIZ will disclose how we gather your data and the use there of. The privacy policy is to be read in conjuction with Terms and Conditions. Together they form the conditions under which you may access and use the services of LOCALTRADE.BIZ Your personal information with only be available to LOCALTRADE.BIZ LOCALTRADE.BIZ does not sell or rent or share your personal information with third parties. Circumstances under which LOCALTRADE.BIZ will release your account and person information. 1. To comply with law, in court orders, orders from legal authorities or law enforcement agencies requirements. 2. To enforce compliance regarding illegal unlawful activities, suspected fraud, to protect LOCALTRADE.BIZ users and others security and safety. 3. Your permission to do so. 4. To provide services/products you have requested. 5. For a delivery address to seller with your permission. We will remove you from the mailing list if so requested. You can also remove yourself from the mailing list by following the instructions in the newsletters, which we will send monthly. You can terminate your account any time you chose to do so. However even after the termination of your account, your information may remain inactive on our servers. There is certain anonymous information which we automatically receive through our web server, including counter identification obtained from “cookies”. This information in obtained from your browser from web server cookies stored on your hard drive, on IP address, the domain server you use to access our site, the type of computer you’re using and the web browser you’re using. We may also collect personally identification information about you. This will include your name, demographic profile, financial, opinions, mobile phone no and contact details (from your membership registration), alternate email address. This information will be used to contact you when necessary. Any emailing facilities provided on the site are for a specific purpose only e.g. Email, this action to a friend. Do not use these facilities to send spam or any other purpose. We do not permanently store, sell, or rent these DATA, e.g. email addresses, email massages. LOCALTRADE.BIZ contains links to other web sites which we do not own manage or control. We are not responsible for the privacy policy of such web sites. Please refer to their privacy policy. Message boards and other services are available to you from LOCALTRADE.BIZ Any information you choose to post on these services becomes public. Please exercise caution when disclosing your personal information. As you are personally responsible for membership details, i.e. user your name, email address, password, fees etc, we recommend that you do not share your password any third party. Credit Card We use SSL protocol, which encrypts your information when transmitted over the internet to protect your credit card information. Please contact us about any privacy policy matter or any comment you wish to make. We reserve the right to alter/update this policy by placing a notice on our site. These latest updates will become effective immediately upon posting on this site. Disclaimer Any advice received through our site may contain inaccuracies or typing errors. Such advice should not belied upon for personal, medical, legal or financial decisions, please consult the appropriate professional for further specific advice. Linked sites (operated by third parties) are neither endorsed or affiliated to LOCALTRADE.BIZ. LOCALTRADE.BIZ is only providing these links as a convenience to you. You specificity agree to release indemnify and hold harmless LOCALTRADE.BIZ, its employers, directors, officers, agents and there successors from and against all actions ,any and all claims, damages, liabilities, losses, costs and expenses, including attorneys fees caused by or arising out of claims based upon your action or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this agreement or arising out of your infringement of any applicable laws, regulations, claim of liable , defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights, including but not limited to data, sent or received, transmission etc, advertisements, infringement of cyber laws. LOCALTRADE.BIZ does not endorse in anyway advertisers or the content of their advertisements. 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