Welcome to isellmalta.com's online marketplace (the "Site").
• Applicable Policies, Procedures and Guidelines. You agree to abide by the policies, procedures and guidelines for conducting and participating in transactions on the Site and/or use of the Services, which are contained in the various pages on the Site and are all incorporated by reference into, and made part of, this User Agreement. The policies, procedures and guidelines found on the Site, explain the processes and set out acceptable conduct and prohibited practices. You should regularly refer to the Help Pages to understand the current procedures and guidelines related to the Site.
• Changes to User Agreement and the policies, procedures and guidelines: isellmalta (hereinafter "isellmalta" or "isellmalta.com") reserves the right to change any of the terms and conditions contained in this User Agreement or any policies, procedures or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site without notice to you. You are responsible for reviewing the notice and any applicable changes. . You can review the most current version of this User Agreement and changes to the policies, procedures and guidelines governing the Site or the Services at any time at http://www.isellmalta.com/helpgeneral.asp. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING ISELLMALTA'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS USER AGREEMENT AND/OR THE POLICIES, PROCEDURES AND GUIDELINES, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
• Eligibility: Use of the Site and the Services is limited to parties that can lawfully enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to isellmalta that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
• Use of the Site and/or Services: In using isellmalta you shall not:-
- post, list or upload content or items in an inappropriate way or content that is false, inaccurate, misleading, defamatory, or libellous (including personal information);
- breach any laws, including those relating to intellectual property rights or other rights of third parties;
- breach isellmalta policies, procedures and guidelines;
- fail to deliver payment for items purchased by you, or deliver items purchased by youunless on reasonable grounds;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate isellmalta’s fee structure, the billing process, or fees owed to isellmalta;
- transfer your isellmalta account (including feedback) and user ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm isellmalta or the interests or property of isellmalta users;
- copy, modify, or distribute content from the Site and isellmalta’s copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent; add other isellmalta users to your mailing list (email or physical mail) without their consent;
- place bids or cause bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on isellmalta.com or the bid price of any product listed on the Site, or influencing user behavior on isellmalta.com.
• Licenses. isellmalta.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this User Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this User Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
• isellmalta is not an Auctioneer. Although isellmalta is commonly referred to as an online auction web site, it is important to realise that we are not an auctioneer.The Site acts as a venue to allow certain persons to sell and buy certain products at any time, from any where, in a variety of pricing formats, including a fixed price format and an auction-style format.
• isellmalta Marketplace. isellmalta itself is not the seller of the products offered in isellmalta whether such products are offered by an individual or by a merchant. The individual or the merchant is the seller of the product. The individual or Merchant lists his items directly and assumes responsibility for all aspects of his product listings. Isellmalta does not undertake responsibility for any aspects of the transaction and the product listing, including product descriptions, identification of quantities, establishment of starting and maximum bid prices, establishment of reserve requirements (if any) and shipping. Although isellmalta does not own, warehouse, ship or otherwise manage any inventory or goods offered by isellmalta sellers, those sellers who do not meet isellmalta's service standards can and will be removed from listing products on the Site.
• Isellmalta’s Listing content: We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our Site, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
When you post content on isellmalta, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
• In the isellmalta marketplace, the seller must sell the product to the highest bidder that meets or exceeds the reserve price. Similarly, if a seller offers to sell an item by means of the “Buy It Now” feature, the seller must sell the item to any buyer who elects to purchase the item through the “Buy It Now” offer. For bidders, a bid or “Buy It Now” election is a legal offer to buy the product. Once the transaction closes, both the buyer and seller are obliged to complete the transaction.
• Each transaction in the isellmalta marketplace will indicate whether a reserve price has been established. If you are the highest bidder (meeting the applicable minimum bid or reserve requirements) or if you elect to purchase the item through a “Buy It Now” offer, your bid or “Buy It Now” election, as the case may be, is a legal offer to buy the product and you are obliged to complete the transaction. Bids and “Buy It Now” purchases are not retractable.
By entering into this User Agreement and bidding on a product or making a “Buy It Now” purchase, you agree to complete the transaction as described by this User Agreement.
isellmalta.com Payments. Joining isellmalta and buying or bidding from listed items is free. We do charge fees for using other Services. When you list an item and use a Service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on isellmalta’s fee policy, which we may change from time to time. Changes to the fees will take effect 14 days after we notify you of them either by email, or via "My Messages", or via a posting on the Site.
Unless otherwise stated, all fees are payable in Euro. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms.
• isellmalta Reservation of Rights. isellmalta retains the right, but does not have the obligation, to immediately halt any bidding for an item or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, procedures or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of isellmalta, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.
• Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password immediately.
• Access and Interference. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to isellmalta. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or other measures we may use to prevent or restrict access to the Site.
• Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and the Services, including in regard to listing of items, bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorised credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of the laws of Malta. Fraudulent conduct may be reported, and isellmalta will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
• Breach. Without limiting other remedies, isellmalta may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if isellmalta or any seller is unable to verify or authenticate any information you provide to isellmalta; or (c) if isellmalta believes that your actions may cause legal liability for you, other isellmalta users or isellmalta.
The Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. isellmalta cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
• Disclosure of Information. As permitted by applicable law, isellmalta also reserves the right to report any activity that it suspects violates any law or regulation to the appropriate authorities, regulators, or other third parties. In order to cooperate with information requests, to protect isellmalta's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of isellmalta's business and systems or other purposes deemed reasonable by isellmalta, isellmalta may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
• No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMERS’ USE OF AND RELIANCE THEREON ARE AT CUSTOMERS’ OWN AND SOLE RISK. ISELLMALTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
- THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT MERCHANTS WILL PERFORM AS PROMISED;
- THE TRUTH OR ACCURACY OF FEEDBACK OR OTHER CONTENT POSTED BY USERS ON THE SITE, THE ABILITY OF BUYERS TO PAY FOR ITEMS OR WHETHER A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
- ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ISELLMALTA;
- TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ISELLMALTA DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM ISELLMALTA OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
• General Release. BECAUSE ISELLMALTA IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE ISELLMALTA (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS USER AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS USER AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY ISELLMALTA.
Because isellmalta is not the seller in the actual transaction between sellers and buyers and is not the agent of either for any purpose, isellmalta does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction.
• Limitation of Liability. ISELLMALTA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
• Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ISELLMALTA AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS USER AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY MALTESE, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS USER AGREEMENT.
• Applicable Law. This Agreement shall be subject to the Laws of Malta and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
• Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS USER AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE MALTA ARBITRATION ACT. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN MALTA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF.
• Termination. isellmalta, in its sole discretion, may terminate or modify this User Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.
• Copyright. If you believe that you have been defamed in some manner by the isellmalta web site or your own work has been copied in a way that constitutes copyright infringement, please provide isellmalta with the following information in writing: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the isellmalta Web site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorised agent to act on the copyright owner's or allegedly defamed person's behalf.
• General Provisions
- No Agency; Third-Party Beneficiary. isellmalta is not the agent, fiduciary, trustee or other representative of the website’s users. Nothing expressed or mentioned in or implied from this User Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of isellmalta, its sellers and website’s users.
- Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver. isellmalta's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of isellmalta's right to subsequently enforce such provision or any other provisions of this User Agreement.
- Assignment: In isellmalta’s sole discretion, we may assign this User Agreement but without your prior express consent, provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
- Notices. Except as explicitly stated otherwise, notices to isellmalta should be sent to 4, B’Kara Hill, St Julians STJ1141, Malta. We shall send notices to you by email to the email address you provide to isellmalta during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.