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Terms of Use - NEW

Terms of Use

 

THESE TERMS OF USE WAS DRAWN UP AND PUBLISHED ON OCTOBER 2019

 

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS APPLICATION OR WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS APPLICATION OR WEBSITE.

 

 1. ACCEPTANCE

TRADUS B.V., is a Dutch limited liability company with its registered office at Wibautstraat 137c, 1097 DN Amsterdam, the Netherlands (hereinafter "TRADUS"). TRADUS provides a collection of tools and online services which include advertisements on advertising portals and publications on forums and other online media (collectively, the "Service"). Advertising portals include (but not exclusively) www.olx.pl, www.olx.ro, www.otomoto.pl, www.otomotoprofi.pl, www.autivit.ro, www.olx.ua, www.olx.bg, www.tradus.com, www.avito.ru, www.olx.co.ke, www.olx.ng, www.olx.pt, www.standvirtual.com, www.tradus.com, pro.tradus.com and www.olx.com and the mobile applications of these websites (collectively, the "Advertising Portals").

 

The Service is provided to you subject to these Terms of Use and Privacy Policy (the "Terms"). By posting an advertisement through our Service, you agree that your advertisement will be displayed on one or more of the aforementioned Advertising Portals. In case you will separately register to one of the aforementioned Advertising Portals the login credentials will be the same for all portals. You agree that all the rights, remedies and defences arising out of these Terms are also for the benefit of the owners of the aforementioned Advertising Portals. As far as it is not TRADUS that owns the aforementioned Advertising Portals, then the owners of the aforementioned Advertising Portals are third parties that are directly or indirectly related to TRADUS. These third parties (directly or indirectly related to TRADUS) may derive all the rights arising out of these Terms. Moreover, as far as your advertisement is displayed on one or more of the aforementioned Advertising Portals and as far as the website in question is owned by a third party related to TRADUS you also accept the policies, including the privacy policy, of the party in question and as published on the website in question. For the purpose of the Terms and wherever the context so requires, the terms 'you' and “your” shall mean any person who uses the  Service in any manner whatsoever including persons browsing the  Advertising Portals and its content, posting comments or any content or responding to any advertisements or content on the Advertising Portals. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at TRADUS’s sole discretion. Applicability of your own terms and conditions and/or any of your own policies is expressly excluded. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with TRADUS or the Service in any way, your only choice is to immediately discontinue use of TRADUS. These Terms may be updated by TRADUS at any time at its sole discretion. TRADUS may send you notices of changes to the Advertising Portals or the Terms. TRADUS may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with TRADUS. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.

 

2. DESCRIPTION OF SERVICE AND CONTENT POLICY/REQUIREMENTS

A. TRADUS is a advertising portal that provides you the means to list services and/or (used) goods, such as but not limited to heavy vehicles and machinery and acts as a venue to allow our users who comply with these Terms to offer, sell, buy and rent (used) heavy vehicles and machinery listed on the Advertising Portals. Although you may be able to conduct payments and other transactions through the Advertising Portals, using third-party vendors such as PayPal, TRADUS is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that TRADUS is not a party to such transactions, has no control over any element of such transactions, and shall have no liability towards any party in connection with such transactions. You use the Service and the Advertising Portals at your sole risk and responsibility. TRADUS PRO is our Dealer Management System and is also part of our Service. TRADUS PRO may enable you to publish your advertisement(s) not only on the aforementioned Advertising Portals, but also and only on your request on websites, advertising portals and/or platforms other than the Advertising Portals and unrelated to TRADUS, such as mobile.de and mascus.com. By posting an advertisement through our Service, you agree that your advertisement can be displayed on such other websites, advertising portals and/or platforms and you declare that the relationship between you and the owner of such other website, advertising portal and/or platform is governed by the terms of use and policies of the party in question.    

B. You understand that TRADUS is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats sent from outside TRADUS’s domain or other means of electronic communication, whether through the Advertising Portals or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Advertising Portals and the Service ("Content"), and that by using the Advertising Portals and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TRADUS be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that TRADUS is not obliged to pre-screen or approve any Content, but that TRADUS has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to TRADUS’s knowledge or for any other reason or no reason at all. Furthermore, the Advertising Portals and Content available through the Advertising Portals may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to TRADUS. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. TRADUS makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is completely at your own risk and TRADUS disclaims all liability thereto.

C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Advertising Portals, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and the Advertising Portals (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize TRADUS to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Advertising Portals and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Advertising Portals and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Advertising Portals, you hereby grant to TRADUS an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Advertising Portals and TRADUS's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Advertising Portals and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by TRADUS in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to TRADUS all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Advertising Portals by any party for any purpose. You also hereby grant each user of the Advertising Portals a non-exclusive license to access your Content through the Advertising Portals (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or TRADUS remove or delete such Content from the Advertising Portals.

D. TRADUS does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and TRADUS expressly disclaims any and all liability in connection with user Content. TRADUS does not permit copyright infringing activities and infringement of intellectual property rights on the Advertising Portals, and TRADUS may, at its sole discretion, remove any infringing Content. TRADUS reserves the right to remove any Content without prior notice. TRADUS may also terminate a user's access to the Advertising Portals, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Advertising Portals more than twice. Further, at its sole discretion, TRADUS reserves the right to decide whether any Content is appropriate and complies with these Terms.

E. In relation to advertisements posted by you through our Service, you shall:

i. only post advertisements for sale of (used) goods that you have in possession together with the relevant legal documentation and that you have the ability to transfer title and otherwise possess all legal requirements to effect such sale or, in case of rent, that you have the authority to rent out the equipment in question;

ii. submit correct and full information about the product in the advertisement for sale;

iii. ensure that the description of the product is not misleading in any manner and describes the actual condition of it in the advertisement for sale;

iv. ensure that the photographs uploaded by you in the advertisement relate to and are illustrative of the product for which the advertisement is being posted;

v. ensure that each advertisement or listing relates to the sale or rent of only one piece of the product/equipment;

vi. ensure that you do not post duplicate content, that is to say, more than one advertisement for sale or rent of a the same product/piece of equipment;

vii. ensure that you list the product/piece of equipment in the correct category on the Advertising Portals and the Service;

viii. not list advertisements solely for the purpose of generating leads or otherwise soliciting business and not test the Advertising Portals with false purchase requests; and

ix. in the event of sale or rent of the product in question through the Advertising Portals or the Service or by any other means, immediately remove the advertisement in question from the Advertising Portals and the Service.

 

3. CONDUCT

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:

x. that violates any law or regulation;

xi. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant TRADUS all of the license rights granted herein;

xii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);

xiii. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;

xiv. that harasses, degrades, intimidates or is hateful towards  any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

xv. that includes personal or identifying information about another person without that person's explicit consent;

xvi. that impersonates any person or entity, including, but not limited to, any TRADUS employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

xvii. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

xviii. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;

xix. that constitutes or contains "pyramid schemes", “jokes”, "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;

xx. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Advertising Portals which are not designated for such purposes; or (2) e-mailed to TRADUS users who have requested not to be contacted about other services, products or commercial interests;

xxi. that includes links to commercial services or Third Party Websites, except as specifically allowed by TRADUS;

xxii. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

xxiii. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

xxiv. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

xxv. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

i. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a Third Party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;

ii. make any libellous or defamatory comments or postings to or against anyone;

iii. collect personal data about other users or entities for commercial or unlawful purposes;

iv. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

v. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

vi. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;

vii. attempt to gain unauthorized access to computer systems owned or controlled by TRADUS or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Advertising Portals.

viii. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of TRADUS's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or

ix. use any automated device or software that enables the submission of automatic postings on TRADUS without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.

Any Content uploaded by you shall be subject to relevant laws and may be disabled and/or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms, including the privacy policy, we may terminate your account/block your access to the Advertising Portals and we reserve the right to remove any non-compliant Content uploaded by you.

 

4. CHARGES AND BILLING

It’s free to register as a user of the Advertising Portals and the Service, to read the ads, contact sellers /letters and to publish enquiries. The publication of individual ads on the Advertising Portals and through the Service and, through the Service, on advertising portals and/or forums that are not related to TRADUS is a chargeable service of TRADUS. The fees to be charged for the published advertisements are set according to the current price list. Where applicable, VAT will be charged and added to all prices on TRADUS’ price list.  

Unless otherwise agreed or offered by TRADUS, publication of an advertisement is always conditional on upfront payment of the fee for the advertisement in question. Advertisements are paid by bank transfer. On the TRADUS’ start pages there are links to the online banking to be used for payment. No advertisement will be published until it is fully paid, unless otherwise agreed or offered by TRADUS. Contract customers who market their (used) heavy vehicles and/or machinery on a regular monthly basis, get invoices according to price list or customer agreement.

Any fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms or for whatever other reason that is beyond TRADUS’ control.

 

5. ACCESS TO THE SERVICE

TRADUS grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TRADUS or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your Advertising Portal(s), or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). TRADUS may limit the amount of postings displayed on or linked to your Advertising Portal(s). Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from TRADUS.

 

6. NOTIFICATION OF CLAIMS OF INFRINGEMENTS

If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to TRADUS together with a request to TRADUS to delete the relevant Content in good faith. The notification and the request must contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the intellectual property rights  claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TRADUS to locate the material;
  4. Information reasonably sufficient to permit TRADUS to contact you, such as an address, telephone number, and an electronic mail address;
  5. A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
  6. A signed statement that the intellectual property-owner hold TRADUS harmless from any claim of any third party in connection with the removing by TRADUS of the relevant content; and
  7. A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications must be sent to Contact form and/or on the Grievance Officer’s mail id provided herein below.

 

7. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the materials on the Advertising Portals, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TRADUS, and are subject to copyright and other intellectual property rights.  In connection with the Services, the Advertising Portals may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to TRADUS. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Advertising Portals are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TRADUS reserves all rights not expressly granted herein to the Advertising Portals and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Advertising Portals for any commercial purposes. Any reproduction, modification, creation of derivative works from or redistribution of the Advertising Portals, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Advertising Portals, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.

 

8. USER SUBMISSIONS

You understand that when using the Advertising Portals, you will be exposed to Content from a variety of sources, and that TRADUS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TRADUS with respect thereto.

 

9. INDEMNITY

You agree to defend, indemnify and hold harmless TRADUS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Advertising Portals.

 

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to TRADUS email addresses or through TRADUS computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time TRADUS may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the TRADUS e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Advertising Portals may be used only in accordance with the Terms. Any unauthorized use of TRADUS computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

11. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS

You acknowledge and agree that TRADUS shall not be liable for your interactions with any organizations and/or individuals on the Advertising Portals or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that TRADUS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, you hereby release TRADUS, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

 

12. LIMITATION AND TERMINATION OF SERVICE

You acknowledge and agree that TRADUS may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Advertising Portals. You acknowledge and agree that TRADUS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Advertising Portals or the Service. You acknowledge and agree that TRADUS reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that TRADUS shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that TRADUS, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all. Further, you agree that TRADUS shall not be liable to you or any third-party for any termination of your access to the Advertising Portals or the Service.

 

13. INACTIVE USER ACCOUNTS

Unless you are entitled to any refunds or credit reimbursements by us, we reserve the right to terminate and delete your free account if you have not logged in to your account for a period longer than 24 months. As a consequence, your contractual relationship with us will end and you will no longer be entitled to use the deleted account. Deletion will be performed with 30 days' prior notice to the email address you provided during sign-up giving you the possibility to indicate that you wish to continue using your account. Our right to deletion shall leave unaffected your right to re-register with a free account if you wish to use our Service in the future.

 

14. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ADVERTISING PORTALS AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE ADVERTISING PORTALS AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ADVERTISING PORTALS AND YOUR USE THEREOF. TRADUS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE ADVERTISING PORTALS' CONTENT OR THE CONTENT OF ANY THIRD PARTY ADVERTISING PORTAL(S) LINKED TO THE ADVERTISING PORTALS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ADVERTISING PORTALS AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ADVERTISING PORTAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ADVERTISING PORTALS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. TRADUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ADVERTISING PORTALS OR ANY HYPERLINKED ADVERTISING PORTALS OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRADUS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL TRADUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TRADUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ADVERTISING PORTALS OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ADVERTISING PORTALS OR THE SERVICE, FROM INABILITY TO USE THE ADVERTISING PORTALS OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ADVERTISING PORTALS OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ADVERTISING PORTALS OR THE SERVICE OR ANY LINKS ON THE ADVERTISING PORTALS, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ADVERTISING PORTALS OR THE SERVICE OR ANY LINKS ON THE TRADUS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRADUS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TRADUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE ADVERTISING PORTALS IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE ADVERTISING PORTALS FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. 

 

15. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TRADUS without restriction. Any assignment or transfer by you shall be null and void.

 

 16. ABILITY TO ACCEPT TERMS OF SERVICE

The Service and the Advertising Portals are intended only for adults and you acknowledge that you are eligible to contract as per applicable laws. If you are using/accessing the Advertising Portals as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors are only allowed to access the Advertising Portals and use the Service, in the event of approval of their legal representatives.  You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

 

17. ENTIRE AGREEMENT GOVERNING LAW, JURISDICTION AND ODR PLATFORM

These Terms and the other policies posted on this website and the Advertising Portals constitute the complete and exclusive understanding and agreement between you and TRADUS and, as the case may be, between you and the owner of the Advertising Portal and govern your use of the Service and the Advertising Portals superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and TRADUS shall be governed by the laws of the Netherlands. Any claim you may have against TRADUS must be submitted to the exclusive jurisdiction of the competent court in Amsterdam, Netherlands. However, if you are a consumer you may also submit your complaint to the EU Online Dispute Resolution Platform (the “ODR Platform”). The ODR Platform is an interactive website which can be assessed electronically and free of charge. The ODR Platform is intended to be a single point of entry for consumers in order to seek an amicable (online) settlement for disputes with domestic and cross-border traders, including marketplaces. The ODR Platform is accessible via the following link: http://ec.europa.eu/consumers/odr.   

The failure of TRADUS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE Advertising Portals MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. These Terms shall inure to the benefit of and be binding upon each party's successors.

 

18. ADDITIONAL TERMS FOR PAID USERS

 A. After your registration, it may take up to five working days to create your account(s) and to publish your inventory on TRADUS.

B. After written confirmation of TRADUS, you can make amendments to your contract either via email (personal account manager or to support@tradus.com) or post (Tradus B.V., Wibautstraat 137C, 1097 DN Amsterdam).

C. You may not exceed the maximum limited listings according to your contract. In the event that you have exceeded the maximum limited listings, TRADUS will notify you immediately and you will be upgraded to the suitable listing limit range.

D. TRADUS services are invoiced immediately upon account activation and are payable within thirty calendar days. Invoices will be sent on a monthly basis, counting from the contract starting date.

E. In the event that invoices are not paid within thirty days, TRADUS will send a maximum of three reminders, following which, if payment has not been made, TRADUS reserves the right to charge a late payment fee to the seller of the maximum allowed interest fee by law. After the third reminder TRADUS is entitled to put your account on hold until full payment has been received.

F. After the minimum contract period of three months, your contract will be automatically renewed for the originally contracted duration. You are entitled to terminate the contract in accordance with this clause.  

G. TRADUS reserves the right to change its fees at any time upon prior notice. You are entitled to terminate the contract in accordance with this clause.

H. The contract may be terminated by both parties in writing upon thirty days prior notice. You will pay for any services actually delivered and accepted till the date of termination.

 

19. VIOLATION OF TERMS/CONTACT US

Please report any violations of the Terms that you become aware of by contacting us to Contact form