TERMS & CONDITIONS
This agreement binds you or the company you represent (“You” or “Your”) to the terms and conditions set forth herein in connection with your use of SellGlobalListings.com, its parent company or subsidiaries or any sister sites (“Our,” “We,” “Company,” or “Us”) software, mobile applications, services or other offerings on our site (collectively, our “Products”). By using any of the company products or clicking on the “Send” button, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, do not use the company products. Our acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms.
Please note if you should decide to cancel any translation service ordered after we have commenced work on your order, there will be a cancellation fee of 50% of the total purchase price. This fee is to cover the cost of the time spent in research and translation and would only be applied if you should wish to terminate your order before the service is complete.
As we are offering non-tangible digital goods, we do not generally issue refunds after an order has been paid for in full and delivered. We will consider a refund within the first 7 days of your final payment if after making no more than 3 revisions to your order you are still not 100% satisfied. Refunds will be granted at the sole discretion of the owner of SellGlobalListings. No refunds will be given after 7 days from the final payment. By using our service, you agree to the terms of the Refund Policy.
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on a number of factors outside of our control, such as but not limited to: changes to search, ranking or sales algorithms implemented by Amazon, sales seasonality, changing trends or niche saturation. Since these factors differ according to individual products, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
The author and publisher of this website (“www.SellGlobalListings.com”) disclaim any warranties (express or implied), merchantability, or fitness for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties.
The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in the Products offered on this site.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
The author and publisher of the Products offered on this site and the accompanying materials have used their best efforts in preparing the Products offered on this site. The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this Products offered on this site. The information contained in the Products offered on this site is strictly for educational purposes. Therefore, if you wish to apply ideas contained in the Products offered on this site, you are taking full responsibility for your actions
As always, the advice of a competent legal, tax, accounting or other professional should be sought for any business.
We reserve the right to revise these terms in our sole discretion at any time by posting the changes on our site. Changes become effective immediately after posting. Your continued use of our products after changes become effective shall mean that you accept those changes. You should visit the site regularly to ensure you are aware of the latest version of the terms. Notwithstanding the preceding sentences of this section, no revisions to these terms will apply to any dispute between you and the company that arose prior to the date of such revision.
We may modify our products or discontinue availability at any time.
All of your use, and other activities relating to the site must be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with your use of our site, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with our product or operation of the site; frame or embed the site; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of our product or operation of the site; scrape, spider, use a robot or other automated means of any kind to access our website.
We do not control submitted content (as defined below) submitted by you and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such submitted content or company content developed based on your submitted content . You also understand that using the product may expose you to content that you and buyers may consider offensive, indecent, or objectionable and may leave you liable to lawsuits by buyers. We have no responsibility to keep or inform you of such content and no liability for your use of any content, to the extent permissible under applicable law.
The site and our products may give you access to links to third-party websites (“Third-Party Sites”), either directly or indirectly. We do not endorse any of these third party sites and do not control them in any manner. Accordingly, we do not assume any liability associated with third-party sites. You need to take appropriate steps to determine whether accessing a third-party site is appropriate, and to protect your personal information and privacy on such third-party sites.
Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof, is “Content.” Where the company provides content to you in connection with the products including, without limitation, the software and the products and the site, it is “Company Content.” Content uploaded, transmitted or posted to the site or through the products by a client is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitation, pursuant to US and foreign copyright and other intellectual property laws. You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these terms to us with respect to your submitted content and that we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your submitted content as authorized in these terms or have any liability to you or any other party as a result of any use or exploitation of your submitted content as authorized in these terms.
You hereby grant us a nonexclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the submitted content on the site and through the products, and sublicense for these purposes directly or through third parties.
- Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible enquiries, links, communications or affidavits, regardless of the method of transmission;
- Data corruption, theft, destruction, loss unauthorized access to or alteration of your Amazon seller account information or other materials;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the service; that lead to or cause
- Claims, demands, and damages in disputes among seller and buyers.
RESOLUTION OF DISPUTES BY BINDING ARBITRATION
READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT.
Mandatory Binding Arbitration
All disputes arising out of or related to this agreement or our service in general (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any service, advertising or otherwise having a connection to this agreement. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the The New Zealand International Arbitration Centre (“NZIAC”) Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the NZIAC. To the extent that such procedures differ from this agreement, this agreement shall govern to the fullest extent permitted by law. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES. YOU AND COMPANY BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. In the event that a dispute arises out of this agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed.
Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at SellGlobalListings.com, and give us an opportunity to resolve the dispute. Similarly, before we takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date you or the Company is notified by the other of a dispute, then either party may contact the The New Zealand International Arbitration Centre (NZIAC) and request arbitration of the dispute. Information about the arbitration process and the NZIAC’s Arbitration Rules and its fees are available on the Internet at www.nzdrc.co.nz. The arbitration will be based only on written submissions of the parties and the documents submitted to the NZIAC relating to the dispute, unless either party requests that the arbitration be conducted using the NZIAC’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the NZIAC selects in New Zealand. Arbitrations under this agreement shall be confidential as permitted by New Zealand law.
Time for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the agreement must be filed with the NZIAC within three months after such claim or cause of action arose or be forever barred.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SellGlobalListings.com infringes your copyright, you or your agent may send to us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SellGlobalListings.com actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to us a counter-notice. Be sure to read our Copyright Policy, which is part of our terms and conditions.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the specific copyrighted work that you claim has been infringed.
- Identification of the specific material that is claimed to be infringing and where it is located on the service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE SERVICE OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby indemnify, defend and hold harmless the company and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this section, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
These terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter
- Severability. If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.
- Waiver. A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.
- Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the company nor any other party to this agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
- These terms and your use of the site and the products shall be governed by the substantive laws of New Zealand without reference to its choice or conflicts of law principles.
The US website of SellGlobalListings.com is operated from, located and registered in New Zealand.
Last update March 12th, 2017.