 |
 |
|
[ Login Securely ]
 
  
   |
|
General Terms and Conditions User Agreement You must agree to all terms and conditions before registering to ThaisapphireVIP.com Use of the ThaisapphireVIP.com web site and the services offered constitutes your acceptance of all terms and conditions stated in the User Agreement below. ThaisapphireVIP.com reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.ThaisapphireVIP.com (the "Site") and the general principles for the websites of our subsidiaries. If you do not agree to binding by the terms and conditions of this Agreement, please refrain from using or accessing our services. All questions regarding this User Agreement should be sent via email to ThaisapphireVIP's Legal Support. 1. Eligibility of Membership / Registration ******************************************* To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing ThaisapphireVIP.com with true and correct information as required on the ThaisapphireVIP registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. If you are a under the age of 18, you may use this service only in conjunction with and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Additionally, your ThaisapphireVIP.com account, including feedback and User ID, may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. ThaisapphireVIP does not permit the use of user names which contain slanderous, libelous, defamatory or other offensive words, slang and phrases. If ThaisapphireVIP feels that a user name contains any of the above, we will notify you via email and delete that registered account from our site. We expect you to use your real name, address, date of birth during the registration process and if only a single name is used and/or a non verifiable address your account will be suspended without notice. 2. ThaisapphireVIP.com serves only as a Venue ******************************************* Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." The Site acts as a venue to allow members our services to buy and sell in a variety of pricing formats, including a fixed price format commonly referred to as "Buy Now" auctions and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of ThaisapphireVIP.com, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. ThaisapphireVIP.com is an Internet site in which registered users post ads offering merchandise which they possess and wish to sell in an open auction environment. Registered users may also bid on or buy such merchandise. At no time does ThaisapphireVIP.com possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. ThaisapphireVIP.com serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Further, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on ThaisapphireVIP.com, for which they intend on placing a bid, before placing such bid. ThaisapphireVIP.com can not be responsible for a seller?s willingness or ability to sell any item they have listed, or a Bidders willingness to follow through with a transaction for an item(s) for which they have placed a bid. We encourage open communication between buyers and sellers before and after any transaction takes place. 3. User Verification ************************** We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because of difficulties involved with verification over the Internet, ThaisapphireVIP.com is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another user?s identity, we suggest that you contact them. You may also review any member?s feedback profile to see what others have said about dealing with them. All sellers MUST be verified in order to sell here. 4. Disputes and Release ************************** Because ThaisapphireVIP.com has no involvement in transactions between users, we cannot get involved in disputes between users. You hereby release ThaisapphireVIP.com, including all officers, employees, parent companies, contractors, suppliers, or agents from any and all liability of damages or claims resulting from such disputes. 5. Uploading Images on ThaisapphireVIP.com ******************************************* Your images are your property however we will add a watermark to each image to prevent our listings being taken and added to other sites. If you use these same images on any other site it is your responsibility to redo them or remove the watermark and ThaisapphireVIP.com will not be held responsible for any adverse attention you may get if you do upload images containing the ThaisapphireVIP logo/watermark to other sites outside of the ThaisapphireVIP.com network. Also from time to time we may wish to use an image in our advertising and may select one or more of our user?s images for such purposes. You hereby agree that whilst you are a member of ThaisapphireVIP.com we may use any and all images for the purpose of promotions or other similar non harmful activity. 6. Placing Bids ****************** By placing a bid on an item(s) listed on ThaisapphireVIP.com, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid. Before placing a bid in an auction, verify that you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid. Only in certain situations would bid withdrawal/retraction be acceptable. These situations may include: a) The seller has made material changes to the description of the item after your bid was placed. b) The seller has made a typographical error in the description of the item. c) You have contacted the seller and received their express permission to withdraw your bid. Bidders may not engage in the following activity: a) Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder. b) Placing bids for the purpose of exposing the seller?s reserve price then retract your bid and bid again later with a secondary User ID. c) Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on ThaisapphireVIP.com any questions you may have regarding the sale of or condition of the item before placing your bid. d) By placing a bid, you further state that the purchase and/or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s). 7. Fees and Charges *********************** The listing fee for posting an item on ThaisapphireVIP.com is (Look in Listing Fee ). There is, however, a nominal charge for other auction posting features such as featured item listings, attention grabbers, bold listings, etc., should you wish to use them. ThaisapphireVIP imposes a low 3.00% final value fee on all items sold. This amount will be automatically debited to your account and you will be sent a monthly invoice via email showing your account status. A negative balance indicates money owed on your account. A positive balance indicates credit available to you for posting items for auction and our other services. Should this payment not be made, your account will be suspended until payment is received, and posted to your account. Payments can be made through a variety of payment options", which is our preferred method, or if you so desire, you can send a check or money order to us. Please realize however, that this method of payment may delay your ability to continue posting auctions until your payment is received, processed, and posted to your account. Another method of paying off your account debit is by using your account credits. These credits are automatically deducted from your account balance. However, these credits have a ZERO cash value, and cannot be refunded as cash. You may also wish to make a payment ABOVE your amount owed, which you may do at any time, and the amount will show as a CREDIT amount in your account. Please refer to our Site Fees page for additional information on our fee structure. 8. Canceling Emails, Newsletters & Communications from ThaisapphireVIP.com. ******************************************************************* If a user whilst during the registration process selects to receive mail from ThaisapphireVIP.com and we provide that service, it is requested that at a later date if the user no longer wishes to receive emails, newsletters and communications from ThaisapphireVIP.com they themselves go into their own admin area and deselect the options for such services. 9. Personal Information *************************** Personal information is the information that you provide to ThaisapphireVIP.com or to other members when: * Completing the registration process. * Listing an item. * Placing a bid. * Leaving feedback comments. * Posting messages in any forum area. * Using any email/messaging feature offered to you through the use of the site. You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to provide services to us because of such liability, we may take appropriate actions regarding such information. The use of your information is explained in our current Privacy Policy. ThaisapphireVIP.com has strict policies relating to members' contact information: * ThaisapphireVIP.com members can't misrepresent their identities. * ThaisapphireVIP.com members must always provide valid and complete contact information. * For everyone's safety, members are never permitted to publish the contact information of other members in an online public area. * Every ThaisapphireVIP.com membership must always have a valid email address. 10. Your Password ********************** You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish. 11. Stability ******************* Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the ThaisapphireVIP.com web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any user's account or information. 12. Feedback ****************** ThaisapphireVIP.com provides registered users with the ability to leave comments about their experiences in dealing with other registered users through our feedback system. The following actions regarding the use of the Feedback system are prohibited: Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing. Leaving feedback which contains vulgarity or profanity. ThaisapphireVIP.com provides you with an opportunity to retract a negative feedback comment that you have left about another registered user within 30 days from the time you have posted said comment. This function should not be misused. Continual posting and retracting of multiple negatives may result in suspension of your registration and account. In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System. 13. Privacy **************** ThaisapphireVIP.com takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy. 14. Notice ******************** All notices given between both parties (You and ThaisapphireVIP.com) will be made via email, certified mail, or registered mail. Notices will be sent to the email address that you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the recipient's email address in invalid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be announced by posting such changes to the site, and will be considered served and effective 30 days from the time of such posting. 15. Limitation of Liability - Non Warranty ******************************************* IN NO EVENT SHALL ThaisapphireVIP.com (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE. THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. 16. Indemnification ********************* You agree to indemnify and hold harmless ThaisapphireVIP.com, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ThaisapphireVIP.com site, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity. 17. Legal Responsibility ************************* It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. 18. No Partnership / Agency ******************************* You and ThaisapphireVIP.com act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. 19. Violation of User Agreement *********************************** We may terminate your account, temporarily or permanently, should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination. 20. General ******************* This Agreement and the terms and conditions herein, shall be governed by the laws of the United States of America. You further submit to the legal jurisdiction of the United States of America and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in a court within the jurisdiction of our choice. 21. Disclosure ******************* |
||||||||||||||||||||||
