AWAX User Agreement
By using the AWAX.biz web site (the "Website") or establishing an account with AWAX and using the AWAX service (the "Service"), you agree to the following terms and conditions (the "AWAX User Agreement").
Importantly, although AWAX is commonly referred to as an online marketplace, it is not a traditional "retailer." Instead, AWAX acts as a venue to match buyers and sellers. AWAX is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, AWAX has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.
"Your Information" is defined as any information you provide to AWAX or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and AWAX acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and email.
AWAX's goal is to make you happy. In the event a dispute arises between you and AWAX, please email AWAX at [email protected] and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
General Overview: Terms
- You acknowledge that you must be 18 years or older to use this site or establish an account.
- You acknowledge that you bear sole responsibility for keeping your password secure.
- You agree not to use AWAX for any illegal or unauthorized purpose.
- You agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
- You agree not to modify, adapt or hack AWAX.biz or modify another website so as to falsely imply that it is associated with AWAX.
- You agree not to solicit, harass or impersonate AWAX members.
- You agree not to transmit any worms or viruses or any code of a destructive nature.
- You agree that your completed publications without reactivation within 5 days are deleted from the site due to inactivity.
Furthermore, while AWAX discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
General Overview: Conditions
- AWAX reserves the right to modify or terminate any service for any reason at any time, with or without notice.
- AWAX reserves the right to refuse service to anyone for any reason at any time.
- The Service makes it possible to post images hosted on AWAX to outside websites. This use is accepted. However, pages on other websites which display images hosted on AWAX must provide a link back to AWAX from each photo to its photo page on AWAX.
- AWAX will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
- You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to AWAX, you agree to allow other AWAX users to view them and you agree to allow AWAX to display the images and content on AWAX, or in emails from AWAX, and store the images, item description, profile and other content.
- All AWAX graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. AWAX's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
II. Membership Eligibility
AWAX's services are free, but available only to individuals who can form legally binding contracts under applicable law. AWAX's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended AWAX members. If you are a under the age of 18, you can 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 AWAX. Further, you also agree not to transfer or sell your account (including feedback) or User ID.
III. Purchasing / Buyer Obligations and Guidelines
A buyer is obligated to complete the transaction of a purchase of an item on AWAX in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal check or "other." A buyer who pays by mail with a personal check must send the seller an email to notify the seller that that the payment is in the mail, within three (3) days of the transaction.
A seller must abide by all of AWAX's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.
Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.
IV. Listing / Seller Obligations and Guidelines
AWAX's Fees and Credit Policy
Changes to the Fees and Credits Policy and the fees for our services are effective after AWAX provides you with at least fourteen (14) days notice of the changes by posting the changes on AWAX. However, AWAX may choose to temporarily change AWAX's Fees and Credits Policy and the fees for AWAX's services for promotional events (for example, free listing days) and such changes are effective when AWAX posts the temporary promotional event on AWAX. AWAX may, at AWAX's sole discretion, change some or all of AWAX's services at any time. In the event AWAX introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD).
Unless granted an exception by AWAX, AWAX requires all seller accounts to provide a credit or debit card for the purposes of verification of their identity, and for payment of fees and services rendered.
You are responsible for paying all fees associated with using AWAX's service and AWAX and all applicable taxes. If a seller owes more than $3.00 USD in fees, they are emailed an invoice detailing the amount due. Payment for the amount due must be made in full within 3 days of the date on the invoice.
Fees for our services will be described once they are determined.
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Manipulation: The price stated in each AWAX Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding AWAX transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.
Sellers have up to 5 days from the date of the transaction to request refunds on the final value fees. Final value fee refund requests on transactions outside of 5 days will not be honored.
V. Usage Guidelines
Third Party Content; Identity Verification: You understand that the AWAX, including AWAX booth chat, acts only as a marketing platform and technical interface between users and that AWAX does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to AWAX. AWAX cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use the AWAX at your own risk.
Please use caution, common sense, and practice safe trading when using AWAX. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using AWAX, you agree to accept such risks and that AWAX (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on AWAX
AWAX uses many techniques to verify the accuracy of the information AWAX's users provide to AWAX when they register on AWAX. However, because user verification on the Internet is difficult, AWAX cannot and does not confirm each user's purported identity. Thus, AWAX has established a user-initiated feedback system to help you evaluate with whom you are dealing. AWAX also encourages you to communicate directly with potential transaction partners through the tools available on AWAX. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on AWAX shall not:
(a) be false, inaccurate or misleading;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); AWAX also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than AWAX's (this does not prevent linking to or advertising an AWAX item from another web site); or
(dd) you do not have a right to link to or include.
Access and Interference: AWAX may contain robot exclusion headers. Much of the information on AWAX is updated on a real time basis and is proprietary or is licensed to AWAX by AWAX's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access AWAX for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of AWAX and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to AWAX.
Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. AWAX may, without prior notice, limit the number of purchases and listings, which you may place on AWAX based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by AWAX. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between AWAX users, you agree that you shall not market or export your AWAX feedback rating in any venue other than a AWAX operated website.
VI. Miscellaneous Terms and Conditions
Breach: Without limiting other remedies available, AWAX may, without prior notice, limit your activity, immediately remove your item listings, warn AWAX's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(b) AWAX is unable to verify or authenticate any of Your Information; or
(c) AWAX believes that your actions may cause financial loss or legal liability for you, AWAX's users or AWAX.
No Warranty: AWAX, AWAX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AWAX'S SUPPLIERS PROVIDE AWAX'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AWAX, AWAX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AWAX'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation On Liability: IN NO EVENT SHALL AWAX, AND (AS APPLICABLE) AWAX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AWAX'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
AWAX'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF AWAX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO AWAX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification: YOU AGREE TO INDEMNIFY AND HOLD AWAX AND (AS APPLICABLE) AWAX'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.