THE USER AGREEMENT

Introduction

Welcome to Cyprusbid.eu (the “Site“). By accessing the Site you are agreeing to the following terms, which are designed to make sure that the Site works for everyone. The Site is provided to you by Rich Intermedia Services Ltd, registered in the Marshall Islands with registered number 42941 (the “Company“).

Using the Site

You may not use the Site and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your Site membership has been suspended.

If you are registering with the Site as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on the Site, you must comply with all applicable laws relating to online trading.

We will commence supplying our services to you as soon as you accept this Agreement. Unless you and the Site agree otherwise, you will not be able to cancel this Agreement once the supply of the services has commenced.

We reserve the right to limit your activities on the Site (including, without limitation, restricting the number of items you may list on our sites), if we think that such restrictions will improve the security of the Site or reduce our or another user’s exposure to financial or other liabilities.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. You agree not to hold the Site or the Company responsible for any loss you may incur as a result of the Site taking this action.

Using the Site

As a condition of your use of the Site you agree that you will not:

  1. post, list or upload content or items in an inappropriate category or areas on our sites;
  2. breach any laws or our policies, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
  3. sell or purchase any items which are prohibited or restricted under the laws of Cyprus or any applicable jurisdiction, including without limitation, any prescription drugs, firearms, weapons, embargoed goods, hazardous materials, stolen property or offensive material;
  4. fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
  5. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity. All sellers are advised to retain proof of delivery;
  6. manipulate the price of any item or interfere with other user’s listings;
  7. circumvent or manipulate our fee structure, the billing process, or fees owed to the Site;
  8. post false, inaccurate, misleading, threatening, abusive, defamatory, obscene or indecent content (including personal information);
  9. infringe any third-party right;
  10. transfer your Site account (including feedback) and user ID to another party without our consent;
  11. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  12. distribute viruses or any other technologies that may harm the Site or the interests or property of the Site users;
  13. use any robot spider, scraper or other automated means to access the Site and collect content for any purpose without our express written permission;
  14. impose an unreasonable load on our infrastructure or interfere with the proper working of the Site;
  15. bypass measures used to prevent or restrict access to the Site;
  16. copy, modify, or distribute rights or content from the Site or any other person’s content without their consent; or
  17. harvest or otherwise collect information about users, including email addresses, without their consent.

You are solely responsible for all information that you submit to the Site and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaches the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing the Site

The Site works hard to keep the site working properly and the users safe. Please report problems, offensive content and policy breaches to us.

Without limiting other remedies, we may issue warnings, limit, suspend or terminate our service and user accounts, restrict or prohibit access to, and your activities on, the Site (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps if:

  1. we think that they are creating problems or exposing us or another to financial loss or legal liabilities;
  2. we think that you are infringing the rights of third parties (including, without limitation, intellectual property rights of third parties);
  3. we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
  4. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

However, whether we decide to take any of these steps, remove hosted content or keep a user off the Site or not, we do not accept any liability for monitoring the Site or for unauthorized or unlawful content on the Site or use of the Site by users. You agree not to hold the Site or the Company responsible for any loss you may incur as a result of any person taking any of the actions or the Site availing itself of any remedies in each case described above.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by the Site are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a case relating to a purchase.

For cases that meet the conditions and are not excluded, eligible buyers will be reimbursed through PayPal. The Buyer Protection policy is part of this Agreement and incorporated by reference.

We require buyers and sellers to comply with the requirements of Buyer Protection Policy.  Buyer Protection applies only to cases filed in accordance with the Buyer Protection Policy, not cases filed with PayPal. We may suspend the Buyer Protection policy without notice if we suspect that abuse or interference with the proper working of the policy.

Sellers shall comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with the Site under the Buyer Protection policy and agree to the following:

  1. Sellers must have a reimbursement method on file with the Site. Sellers may change this reimbursement method by contacting the Site.
  2. If we resolve a dispute in the buyer’s favour, we may:
  1. remove funds from the seller’s PayPal account to reimburse the buyer for the full cost of the item and the original postage cost; or,
  2. where there are insufficient funds in the seller’s PayPal account or where PayPal is not the reimbursement method of the seller, we will require another payment method.  In these cases, we will directly refund the buyer for the cost of the item and the original postage cost, and, charge the seller’s designated payment method.

For this purpose you, in the capacity of a seller;

  1. authorise and instruct us and PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal Account to carry out a buyer reimbursement;
  2. authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.  See Restricting funds.); and
  3. authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly).

You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the Buyer Protection Policy.

For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred method of reimbursement.  Changing a reimbursement method will not affect the Site use of a payment method on file for other purposes (such as payment of your the Site fees).  If sellers do not provide the Site with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms.  We may also suspend or restrict sellers from trading on our sites until payment is made.

Without limiting the foregoing, sellers may not have to pay reimbursement for a claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Buyer Protection Policy.

Correcting mistakes in payments to buyers and sellers

We reserve the right to fix any processing errors we discover.  We will correct any processing errors by debiting or crediting the payment method used for the erroneous Buyer Protection refund or reimbursement.

Restricting funds

To protect against the risk of liability, the Site has at times requested, and may continue to request, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of a Buyer Protection case.  This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.

No spam

We do not tolerate spam (unsolicited commercial communications). Please set the Site notification preferences so we communicate to you as you prefer. You may not add other users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered email address belonging to another user, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

Using information about other users

Our sites and services enable 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. We 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. By law, 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.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

  1. Site-transaction-related purposes that are not unsolicited commercial communications
  2. using services offered through the Site; and
  3. other purposes a user expressly agrees to.

Fees and Services

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

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content

The Site contains content from us, you, and other users. The Site is protected by copyright laws and international treaties. Content displayed on or via the Site is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from the Site without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Site (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement

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

Reporting an infringement

To report any advertisements which may infringe on your property rights, please email us at infringement@cyprusbid.eu . Only the lawful owners of the intellectual property rights may report an infringement of intellectual property.

Liability

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

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

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

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

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or any special, indirect, or consequential damages arising out of your use of the Site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) EUR100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

Personal Information

By using the Site, you agree to the collection, transfer, storage and use of your personal information by the Site on our servers as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

If a dispute arises between you and the Site, we strongly encourage you to first contact us directly to seek a resolution by emailing us at disputes@cyprusbid.eu . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on the Site constitute the entire agreement between the Site and you, superseding any prior agreements.

This Agreement shall be governed and construed in all respects by the laws of Cyprus. You agree that any claim or dispute you may have against the Company must be resolved by the courts of Cyprus. You and the Site both agree to submit to the exclusive jurisdiction of the Cyprus Courts.

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

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Rich Intermedia Services Ltd, Ajeltake Road, Trust Company Complex, Ajeltake Island, MH 96960 Majuro, Marshall Islands. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner.

 

Privacy Policy

This Privacy Policy describes how we handle your personal information. We collect, store, use and disclose personal information to help the Cyprusbid.eu website (the “Site“) work and to keep it safe.  By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on 1 January 2012.

Collection

Information posted on the Site is publicly available. You can browse our sites without telling us who you are or revealing any personal information about yourself. If you choose to provide us with personal information, you are consenting to the transfer and storage of that information on our servers. We collect and store the following personal information:

  1. email address, physical contact information, and (depending on the service used) sometimes financial information;
  2. transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);
  3. community discussions, chats, dispute resolution, feedback, correspondence through our sites, and correspondence sent to us;
  4. computer sign-on data, statistics on page views, traffic to and from the Site, ad data, users IP address and standard web log information; and
  5. additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list).

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

  1. provide our services and customer support you request;
  2. resolve disputes, collect fees and troubleshoot problems;
  3. prevent potentially prohibited or illegal activities, and enforce our User Agreement;
  4. encourage safe trading and enforce our policies;
  5. customize users’ experience, measure interest in our services, and inform users about services and updates;
  6. compare information for accuracy, and verify it with third parties; and
  7. communicate marketing and promotional offers to you.

Disclosure

We don’t sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates others’ rights, or protect anyone’s rights, property, or safety (for example, if you submit false contact details or impersonate another person, we may pass your personal information to any aggrieved third party, their agent or to any law enforcement agency). We may also share personal information with:

  1. service providers who help with our business operations;
  2. other users whether located within the Cyprus Kingdom or abroad. For example, where you are involved in a transaction with another user, the other user may view your email address and obtain your contact information and postal address to help complete the transaction; and
  3. law enforcement agencies, other governmental agencies or third parties in response to a request for information relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other user to legal liability. The personal information we disclose may include your User ID and User ID history, name, city, county, telephone number, email address, fraud complaints and bidding and listing history or anything else that we deem relevant.

If you do not wish to receive marketing communications from us, you can simply email us at any time.

Information You Share on the Site

Your user ID is displayed throughout the Site (and so available to the public) and is connected to all of your Site activities. Other people can see your bids, purchases, items for sale, shop fronts, feedback, ratings and associated comments. Notices sent to other users about suspicious activity and policy breaches on our sites refer to user IDs and specific items. So, if you associate your name with your user ID, the people to whom you have revealed your name will be able to personally identify your Site activities.

Using Information from the Site

The Site enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users’ contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other’s name, User ID, email address and other contact and shipping information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

You agree to use user information only for:

  1. Site transaction-related purposes that are not unsolicited commercial messages;
  2. using services offered through the Site (e.g. escrow, postage and fraud complaints), or
  3. other purposes that a user expressly chooses.

Cookies

Our website uses cookies, web beacons, and third-parties to provide you with services that support your buying and selling activities within our online marketplace. To protect your privacy, use of these tools is limited. For more information on our privacy practices, see our Privacy Policy.

About cookies

Cookies are small files placed on the hard drive of your computer. The Site uses both persistent/permanent and session cookies to provide services to you and help ensure account security. Most cookies are ‘session cookies’, meaning that they are automatically deleted from your hard drive once you end your session (log out or close your browser).

The Site uses cookies on certain pages of the website to:

  1. Enable you to enter your password less frequently during a session.
  2. Provide information that is targeted to your interests.
  3. Help analyse our web page flow.
  4. Customise our services, content and advertising.
  5. Promote and enforce trust and safety.
  6. Offer certain features that are only available through the use of cookies.
  7. Measure promotional effectiveness.
  8. Analyse our site traffic.

Your choices about cookies

We offer certain features that are only available through the use of a cookie. You’re always free to decline cookies if your browser permits. However, if you decline cookies, you may not be able to use certain features on the website, and you may be required to re-enter your password more frequently during a session.

Web beacons

A web beacon is an electronic image, called a single-pixel (1×1) or clear GIF placed in the web page code. Web beacons serve many of the same purposes as cookies. In addition, web beacons are used to track the traffic patterns of users from one page to another in order to maximise web traffic flow.

Use of cookies and web beacons by third parties

We may work with other companies who place cookies or web beacons on our websites. These service providers help operate our websites, by for example compiling anonymous site metrics and analytics. We require these companies to use the information they collect only to provide us with these services, and not for their own purposes.

We don’t permit third-party content on the Site (such as item listings) to include cookies or web beacons. If you believe a listing might be collecting personal information or using cookies, please report it.

Using Information from the Site

You may use personal information gathered from the Site only to follow up with another user about a specific posting, not to send spam or collect personal information from someone who hasn’t agreed to that.

Account Protection

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Site password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

Accessing, Reviewing and Changing Your Personal Information

You can see, review and change most of your personal information by signing on to the Site. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law.

Security

We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. The Site does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

General

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted. In addition, we may (at our absolute discretion) notify you through the Site message centre or via email at the address you provide on your account.