| Terms & Conditions |
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TERMS & CONDITIONS (USER AGREEMENT)
1. USER AGREEMENT This User Agreement. This Agreement describes the terms and conditions applicable to your use of services at Coubertin.com. By registering to use Coubertin.com services you agree to the terms of this Agreement and the Privacy Statement and you re-affirm this Agreement every time you return to use these services. If you have any questions regarding these terms and conditions contact the Coubertin.com Administrator at admin@coubertin.com. Place of performance and applicable law. Networking Technologies Limited is a company registered in England. Every Auction shall be deemed performed in the United Kingdom. English law shall govern each of the Auctions, including (without limitation) all contractual and other relationships that arise out of such Auctions. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising out of any Auction at Coubertin.com. Amendments to this Agreement. This Agreement may be amended by Networking Technologies Limited at any time by posting the amended terms at Coubertin.com. All amended terms shall automatically be effective 30 days after they are initially posted on our site unless otherwise stated. This Agreement cannot otherwise be amended except in a legally binding document signed by both the user and an authorized representative of Networking Technologies Limited. 2. REGISTRATION Membership Eligibility and Capacity to Contract. Coubertin.com services are only available to individuals who can form legally binding contracts under applicable law. To register with Coubertin.com you must be legally able to enter into contracts for the goods and services that you may bid for or sell. Without limitation on the foregoing our services are not available to minors. Our services are not available to temporarily or indefinitely suspended members of Coubertin.com. How to Register. In order to participate at Coubertin.com, members must first register through http://www.Coubertin.com/register.html . No fee is charged for registration as a member. Coubertin.com has a Privacy Statement dealing with information disclosed to us (refer to http://www.Coubertin.com/privacy.shtml ). Fees and Services. Our service fees and commissions are listed on the Registration page (refer to http://www.Coubertin.com/register.html ). We may change the fees that we charge for our services from time to time. Increases to fees will be effected after we provide you with at least 30 days notice by posting a change notice at http://www.Coubertin.com . We reserve the right to change service fees and commissions, without notice, for promotional events (for example, free listing days) and such changes will be effected when posted on the home page at http://www.Coubertin.com . We may at our sole discretion change some or all of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all service fees are quoted in U.S. Dollars, but we will also accept payment in European Union Euros and British Pounds Sterling at the exchange rates published by Coubertin.com. We reserve the right to refuse to accept payment in any specific currency at any time and such changes will be effected when posted on the home page at http://www.Coubertin.com . Payment for Services. You are personally responsible for paying all fees associated with using our service. Credit card services are not currently available at this site and all payments must be made by check/cheque, money order or cash. We accept payment in: U.S. Dollars, European Union Euros and British Pounds Sterling. U.S. Dollar checks must be drawn on a U.S. bank, European Union Euro cheques must be drawn on a bank in the European Union and British cheques must be drawn from a bank in the United Kingdom. Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate membership and refuse to provide our services to any member: (a). if this Agreement or the documents it incorporates by reference are breached; (b). if we are unable to verify or authenticate any information you provide to us; (c). or if we believe that your actions may cause legal liability to any user, you or us. Indemnity. On registration you agree to indemnify and hold Networking Technologies Limited directors and employees, harmless from any claim or demand, including reasonable legal 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. Special Note for Minors. You are not eligible to use our services if you are under the age of 18 in the U.S.A. and under the age of 16 in the United Kingdom (the age threshold varies in different countries, regions and states throughout the world). Minors must not register to use this service. If you are a minor, and you would like to use this service, you may only use this service by asking your parent or guardian to register and for your parent or guardian to input all information to the Coubertin.com service. 3. AUCTION SERVICE Listing Agent. Coubertin.com is merely the auction listing agent and is not responsible for any of the items presented in this auction. Service Availability. Coubertin.com cannot guarantee the availability of this service since there are a number of third party suppliers involved that cannot guarantee the availability of their services. Third parties, based in the U.S.A. and the United Kingdom, include telecommunications providers, Internet Service Providers, the computer installation providers and the provision and support of software. Control of Information. Coubertin.com cannot control all the information provided by users of the service and made available throughout our system. We are not obliged to police the system to remove such information. However, we will suspend members who abuse this service. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Use caution, common sense, and trade with caution when using our site. 4. SELLERS Registration. Only registered members may sell items in the auction. All items presented for sale are the sole responsibility of the Seller (Vendor). Coubertin.com reserves the right to refuse membership, for any reason, and to terminate the membership of any registered member. The registration form is at http://www.Coubertin.com/register.html. The Commitment made by the Seller. As a registered member (also referred to as User throughout the site), a Seller is invited to present items for sale in the auction. Coubertin.com reserves the right to refuse any item for sale for any reason and to terminate the sale of any item. By registering an item for sale the Seller makes a commitment to sell that item to a winning bidder. That commitment is legally binding in a number of countries and regions and in a number of States in the U.S.A. The Seller also makes a commitment for that item to be delivered to the Buyer, in a timely manner, before or after the receipt of the Buyer's payment for that item. The failure to sell the item in question to the winning bidder may subject you to legal action by the Buyer, since the Seller has made a commitment to sell by registering those items for sale in this auction. Placing items for sale. Registered members may place an item in the auction, for sale, through the Seller Services page (refer to http://www.Coubertin.com/sellers.html ). Sellers must specify various options, such as: category, price, length of auction and description of item(s) for sale. Listings may only include text descriptions, graphics/pictures that you upload to our site (or that you link to from our site) that describe your item for sale. All listed items must be listed in an appropriate category. Information Provided by the Seller. You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of your information. Any information provided by you to or through Coubertin.com or to members of the Coubertin.com service shall not: (a). Be false, inaccurate or misleading; (b). Be fraudulent or involve the sale of counterfeit or stolen items; (c). Infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d). Violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e). Be defamatory, unlawfully threatening, harassing or libelous; (f). Be obscene, contain adult or child pornography, or be harmful to minors; (g). Contain any computer viruses, Trojans, worms, time-bombs or any software or computer program intended to damage, interfere with (detrimentally or otherwise), 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 Internet Service Provider(s) or other suppliers, and; (i). List any item at Coubertin.com (or consummate any transaction that was initiated at Coubertin.com) that, by paying to Networking Technologies Limited the listing fees and or sale commissions, could cause us to violate any applicable law, statute, ordinance or regulation. Binding bids. If you receive at least one bid for an item, at or above the stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion. The only exceptions to this condition are when the Buyer fails to meet the terms and conditions of your listing e.g. method of payment or geographical restriction. Removing items for sale. Sellers may remove items from the auction before their specified closing date and time only if that auction has not received a bid. If the Seller wants to close an auction early and that auction has received one or more bids then the Seller must honour the winning bid. The auction item will be considered to be sold and is subject to the appropriate commissions based on the highest bid, and the highest bidder will receive an automatic winning notification that they have won the auction. Items may be removed from sale through the Seller Services page (refer to http://www.Coubertin.com/sellers.html ). Promotion of external web-sites and/or services. The promotion of external websites, services (commercial or otherwise) within the details of lots for sale is not allowed. The Administrator may stop any auction that promotes external web-sites, services or charities. Coubertin.com only accepts the listing of relevant auction items. If you would like to promote an external service at Coubertin.com then contact the Administrator at admin@coubertin.com to discuss the options. Promotional advertisements. The submission of promotional advertisements as auction items is not allowed. Registered users may not refer to other items available for purchase outside of the Coubertin.com auction. Sellers are not permitted to place banners and/or links to other auction sites and/or refer to other sites in their listing text. 'Direct order' advertisements. Sellers are not permitted to place 'direct order' advertisements or 'hot-buttons' and may not contain words such as 'order now', 'buy now', 'add this to your shopping cart' or imply that the listed item can be purchased before the end of the auction. Nor can Sellers state that members may buy items not offered in this auction at any price. Advice from the Site Administrator. The Site Administrator reserves the right to stop any auction without notice or warning for any reason. Sellers who violate the terms and conditions of this service may receive e-mail advice from the Site Administrator. The user accounts of persistent violators who ignore the Administrator's e-mail advice will be suspended and all auctions submitted by that Seller stopped. 5. BUYERS Registration. Only registered members may bid on items presented in the auction. All items presented are the sole responsibility of the Seller. Coubertin.com is merely the listing agent and does not stock nor is responsible for any merchandise presented in the auction. Bidding. Registered members may place a bid for an item by using the form provided each time they view an auction. Bidders must enter a valid bid amount and amount of items bidding on. To get a full understanding of the bidding process and auction types you are expected to read our Auction Formats before placing any bids. The Commitment Made by the Buyer. As a registered member, a Buyer is invited to bid on items for sale in the auction. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the Seller, you are obliged to complete the transaction with the Seller. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. That commitment is legally binding in some countries and in a number of States in the U.S.A. The Buyer also makes a commitment for that item to be paid for in a timely manner. The failure to buy the item in question may subject you to legal action by the Seller, since the Buyer has made a commitment to buy by bidding on those items for sale in this auction. Bid Retraction. Bidders may cancel a bid whilst previewing that bid i.e. before the formal bid is placed. Once the bid is placed that bid cannot be cancelled i.e. bid retractions are not accommodated. Should you make a mistake you must immediately e-mail the Seller of that item and explain why your bid was made in error. Sellers are generally forgiving of honest mistakes and can at that point choose to close the auction or continue the auction. Buyers Pay for Shipping. Unless otherwise stated by the Seller the Buyer will be asked by the Seller to pay for the cost of shipping any item won in an auction in addition to the price the item was won in the auction. Buyer Pays for Import Duties and Tax. Additional taxes and duties may be applied in the country of destination on importation from outside of an economic area such as the United States or the European Union. In order that the postal service of that country release the item the Buyer will need to pay for any additional import taxes (e.g. import duties and taxes) according to the rules and regulations of the country, region or state that they live in. It is in your interests to know the rules and regulations of your country since there are concessions for certain items. For example, in the United Kingdom (in December 1999) 17.5% Value Added Tax was applied to all imported goods from outside the European Union, however, only 5% Value Added Tax was applied to antiques (defined to be items more than 100 years old!). Advice from the Site Administrator. The Site Administrator reserves the right to stop any auction without notice or warning for any reason. Sellers who violate the terms and conditions of this service may receive e-mail advice from the Site Administrator. The user accounts of persistent violators who ignore the Administrator's e-mail advice will be suspended and all auctions submitted by that Seller stopped. 6. GENERAL Completion of Transactions. Networking Technologies Limited cannot be held responsible for incomplete transactions resulting from a refusal to buy or sell by its participants. We cannot ensure that a Buyer or Seller will actually complete a transaction. Buyers and Sellers assume full responsibility for the initiation and completion of all auction transactions. Manipulation. Buyers and/or Sellers are not permitted to manipulate the price of any item or interfere with any Sellers listings or auctions. The Coubertin.com Administrator may refuse or remove bids or remove from sale or re-offer for sale listings in respect of which there is a dispute, which are withdrawn by the Seller, or which fail to draw bids above the reserve. Fraud. Without limiting any other remedies, we will suspend or terminate the account of any member that is found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our service. Feedback. The feedback system is there for the benefit of all members. Any member that attempts to undermine the integrity of the feedback system may be suspended. Where a member scores a net feedback rating of -4 (minus four) membership will be automatically suspended and that member will be unable to list or bid User Authentication. Because user authentication on the Internet is time intensive, Coubertin.com cannot and does not confirm each user's purported identity. A user-initiated feedback system is provided for you to evaluate with whom you are dealing. We encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification. Email Addresses of Members. Where the Coubertin.com Administrator identifies that a member has exploited or abused the email address of any other member of the Coubertin.com service, e.g. for direct marketing, that member will be suspended (locked out) from the service. Privacy Policies of Third Parties. Since we do not control the privacy policies of third parties, you may be subject to the privacy customs and policies of that third party. Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. No Agency. Members of the Coubertin.com service and Networking Technologies Limited are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices. Unless stated otherwise any notices for the Coubertin.com Administrator shall be sent by email to admin@coubertin.com. Similarly, any notices for members shall be sent by email to the email address registered with Coubertin.com. Alternatively, notices shall be sent by post. Governing Law. This Agreement shall be governed in all respects by the laws of the United Kingdom as such laws are applied to agreements entered into and to be performed entirely within the United Kingdom. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 7. LIABILITY Release from Liability. Coubertin.com and Networking Technologies Limited are not involved in the actual transaction between Buyers and Sellers. In the event that you have a dispute with one or more users, you release Coubertin.com and Networking Technologies Limited 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. In no event shall we 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). No Warranty. Networking Technologies Limited provides Coubertin.com services "as is" and without any warranty or condition, express, implied or statutory. Networking Technologies Limited cannot make any warranty, expressed or implied, as to the condition, quality, age, value, functionality, safety or legality of items offered for sale or the truth or accuracy of item descriptions. Members agree through registration that Networking Technologies Limited is not responsible for any item presented in the Coubertin.com auction or be held liable for any item presented in Coubertin.com auctions. All items are the sole responsibility of each Seller. If a Seller guarantees that an item is genuine then the Seller is entirely responsible for reimbursing the Buyer if that item is not genuine. Disputes. Should a dispute arise between a Buyer and a Seller, Networking Technologies Limited is not obliged to act as mediator between the involved parties. Resolution of disputes is the full responsibility of the involved parties. Networking Technologies Limited may release contact information to allow the resolution of disputes. Networking Technologies Limited cannot be held accountable for the actions of Buyers, such as refusal to purchase. It is the responsibility of Sellers to collect any monies for sold items from the winning bidders. Networking Technologies Limited cannot be held accountable for the actions of Sellers, such as the refusal to sell offered merchandise. It is the responsibility of the winning bidders to resolve such disputes with Sellers. Coubertin.com is not responsible for, nor can be held liable for the merchandise presented by its members. Damages. Networking Technologies Limited cannot be held liable for any damages incurred as the result of participation in the Coubertin.com auction or of any legal action initiated as a result of transactions through the Coubertin.com auction. Limitation of Liability. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $100. Some states in the U.S.A. do not allow the limitation of liability, so the foregoing limitation may not apply to you. Termination. Networking Technologies Limited, at its sole discretion, may terminate this Agreement, access to the Coubertin.com site or services, or any current auctions immediately without notice or any reason. The Agreement and access to the Coubertin.com site or services may be terminated for single or multiple users. Networking Technologies Limited reserves the right to employ a wide range of legal and technical methods to implement the termination of this Agreement, access to the Coubertin.com site or services or any current auctions. General Provision. This Agreement, the Privacy Statement and the general terms, conditions and any legal notices of this site constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. No Agency/Third-Party Beneficiary. Networking Technologies Limited is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this 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 Agreement. This 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 Networking Technologies Limited and members of the Coubertin.com service. Severability. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable by judicial decree or decision, then that provision shall be deemed severable from these terms and conditions and the remainder of this Agreement shall remain valid and enforceable. No Waiver. Coubertin.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Coubertin.com's right to subsequently enforce such provision or any other provisions of this Agreement. Dated: 6 December 1999 |