|Last Updated: 09-Apr-2019|
| Introduction |
Welcome to OlyPages. These are the terms and conditions governing your access to and use of the website OlyPages and its related sub-domains, sites, services and tools ("OlyPages"). By accepting these terms and conditions (including the linked information herein), and by using OlyPages, you represent that you agree to comply with these and related terms and conditions with OlyCash Inc and its affiliates, branches and subsidiaries such as OlyConnect Technologies Ltd hereafter collectively known as “OlyCash” ("we", "us", OlyPages) in relation to your use of OlyPages (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use OlyPages. In addition, by use of this service, you implicity agree to be bound to the terms of OlyCash; the provider of this service.
Eligibility for Use
OlyPages wishes to ensure that its users or members are able to form legally binding contracts and further that persons under ages of consent in their countries of origin or residence do not purchase or sell unsuitable content. Therefore membership is not available to persons that are not of age in their countries of origin or residence. You represent that you are of age or over the age of consent in your country of origin or residence before you become a member or user of OlyPages. Without prejudice to any other rights and remedies of OlyPages under this User Agreement or at law, we reserve the right to limit or withdraw access to OlyPages or the membership of any person if we believe that person is under the age of consent in their country of origin or residence. The Service is not available to persons whose membership has been suspended or withdrawn by OlyPages, OlyCash or related services. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of OlyPages more than once.
Your Account and Registration Obligations
When you register as a member of OlyPages you have been or will be required to provide certain information and register a username and password for use on OlyPages. You hereby agree:
We may (in our sole discretion and at any time), make any inquiries we consider necessary (whether directly or through a third party), and request that you provide us with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to us upon such requests. You acknowledge and agree that if you do not, we without liability may limit, suspend or withdraw your access to OlyPages and/or your membership of OlyPages and related services. We also reserve the right to cancel unconfirmed/unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on OlyPages. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We require your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to OlyPages. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the UNSUBSCRIBE link at the bottom of any promotional email.
You also agree not to make direct contact with other users without using the provided system channels for communication and by doing so you are proceeding at your own risk. You also agree not to make attempts at bypassing the system processes to announce direct contacts whether in text, messages, images, water-marks or codes. You agree that doing so as a seller may lead to action by OlyPages which may include but not limited to warning, item de-listing, account suspension, being banned from OlyPages, OlyCash or any member system of the corporate family, as well as legal action if necessary.
Amendments to this User Agreement
You acknowledge and agree that OlyPages shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that OlyPages at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on OlyPages or sending a message to the email address specified by you during registration.
Fees and Services
OlyPages is not an auction house nor a bank, and does not offer auction or banking services. OlyPages is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on OlyPages is free. OlyPages does not charge fees for browsing listed items on OlyPages. OlyPages charges transaction fees and special listing fees to sellers who use the special listing feature for listing their items.
Pay with OlyCash;
By providing the OlyCash payment interface, OlyPages is merely facilitating the making of online payments by buyers possible but OlyPages is not involved in the process of buying and selling items on OlyPages. All sales and purchases on OlyPages continue to be bipartite contracts between the buyer and the seller of an item(s) and OlyPages is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor do we have any fiduciary duty to any user. You acknowledge that where legally allowed, for your sefaty, we may temporarily hold your funds to make sure you receive your purchase before the seller gets paid. In such a case, you agree that we will hold your funds as an unsecured claim against OlyCash until such funds are reported as paid to the seller usually shown as "order received" or other appropriate notification. Where temporarily holding funds is not sanctioned by the laws of the seller's location, you agree that the funds are directly forwarded to the seller and even if we may attempt to recover your payment, you indemnify OlyPages and OlyCash in case of any loss or failure to honor the purchase request and agree that OlyPages is not in control of enforcing your refund request.
In case of a desire you remove your information, provision of a written communication or closing your OlyCash account may initiate a total removal of your information assuming that the OlyCash terms are also met. These terms include refusal or delay to remove your information if evading an investigation or have unpaid amounts.
Use of OlyPages
While using OlyPages, you will not:
You agree that you meet the following conditions:
You may only use OlyPages for lawful purposes and in a lawful manner. You must comply with all Applicable Laws in the applicable jurisdiction and you acknowledge that these may vary between different jurisdictions. You will be required to comply with any such differences as applicable. You must ensure that your posts are in line with the terms at https://olycash.com/terms. It is your duty not to place any misleading advertisement or information about your Products or a brand on the Site. If you are found to be in breach of these Terms, you must accept return of Products and you may become liable to us under these and other Terms.
Products that are considered to be potentially harmful (including, for example, to the health and safety of individuals) may require you to provide additional explicit warranties. Specific Applicable Laws in the applicable jurisdiction may apply to the sale of such Products and it is your responsibility to adhere to such laws. Liabilities incurred for not following relevant health and safety requirements and/or selling Products which are harmful to individuals or any Persons property will be at your sole risk and cost. We reserve the right to reject Products that fall under our prohibited item list, as amended from time to time. Products offered for sale on OlyPages must comply with all laws and regulations and with OlyPages, and related Services' policies and protocols as may be specified and updated from time to time. The sale of illegal, unsafe, or other restricted products listed on these pages, including products available only by prescription, is strictly prohibited. The examples provided in Help, terms and other sections of OlyPages are not all-inclusive and are provided solely as an informational guide. You are encouraged to seek independent legal advice if you have questions about the laws and regulations concerning your Products.
All content included on OlyPages, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either OlyPages, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on OlyPages is the exclusive property and copyright of OlyPages and is protected by copyright, trademarks, patents or other intellectual property rights and laws..
"OlyPages" and related logos, and other words and logos on OlyPages (including without limitation "OlyCash" and "OlyPages") are either registered or unregistered trademarks of OlyCash and are protected by international trademark and other intellectual property rights and laws. Our trademarks may not be used in connection with any product or service that is not OlyCash's nor in any manner that disparages or discredits OlyCash. All other trademarks not owned by OlyCash that appear on OlyPages are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OlyCash.
Please report problems of any kind or violations of this User Agreement to email@example.com. If you believe that your intellectual property rights have been violated, please notify us. Without prejudice to any other rights and remedies of OlyPages under this User Agreement or at law, we may limit, suspend or withdraw a user's access to OlyPages and/or a user's membership of OlyPages or remove hosted content. Also we can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
OlyPages has a Buyer Protection support which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on OlyPages. If a buyer has purchased an item by way of any of the OlyCash processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under Buyer Protection by notifying us at firstname.lastname@example.org. We shall investigate the matter and if it has been determined (by OlyCash in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which a Buyer Protection Program notice has been received, we may limit, suspend or withdraw the seller's access to OlyPages and/or the seller's membership and OlyPages may charge the seller for costs incurred in handling the issue and for any handling and shipping. We reserve the right to take such further steps as we may consider necessary including without limitation legal action.
Platform for Communication
OlyPages is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. OlyPages does not buy or sell items. OlyPages is not and cannot be a party to or control in any manner any transaction between two users of OlyPages and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold OlyPages responsible for other users' content, actions, or inactions, or items or Information they list or post. Specifically:
Breach of User Agreement
Without prejudice to any other rights and remedies of OlyPages under this User Agreement or at law or otherwise, we may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to OlyPages:
OlyPages may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with OlyPages, related services or use OlyPages in any manner whatsoever until such time that such user is reinstated by OlyPages. Notwithstanding the foregoing, if you breach this User Agreement we reserve the right to recover any amounts due and owing by you to OlyPages or any losses and damages caused by you to OlyPages and to take such steps including legal action and/or the initiation of criminal proceedings against you as an OlyCash legal entity at our sole discretion and when we deem it necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to take any actions with respect to that, or subsequent or similar breaches. We do not guarantee that we will take action against all breaches that there may be of this User Agreement.
We encourage buyers and sellers on OlyPages to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. You acknowledge that your feedback may be displayed along with your user ID or a partly obscured version of it on OlyPages. You cannot retract the feedback once you have left it on OlyPages. We shall not be responsible or liable in any way for the feedback that you post on OlyPages. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of OlyPages and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of OlyPages under this User Agreement or at law, we reserve the right to suspend, limit or withdraw your access to OlyPages and/or your membership of the Service.
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by us, and that together these convey your full user feedback profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users on OlyPages, you agree that you shall not market or export your OlyPages feedback rating in any venue other than on OlyPages. We do not provide the technical ability to allow you to import feedback from other websites to OlyPages because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of OlyPages under this User Agreement or at law or otherwise, we may limit, suspend or withdraw your membership and / or your access to OlyPages at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
We provide OlyPages and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. We make no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of OlyPages or that the operation of OlyPages will be error free and/or uninterrupted. We make no warranty that defects will be corrected or that OlyPages or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that OlyPages may be susceptible to data corruption, interception, non-availability and delays. OlyPages may also be unavailable from time to time due to repairs, maintenance or development work. You agree that we have no obligation to provide support for OlyPages. You expressly agree that you use OlyPages at your own risk.
In addition, you understand that when using OlyPages, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OlyPages in this respect.
Limitation of Liabilities
OlyCash, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of OlyPages, its services or this User Agreement (however arising, including negligence or otherwise and whether or not we have been advised of the possibility of such losses or damages).
If you are dissatisfied with OlyPages or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of OlyPages and its services as a result of your negligent act or omission would result in irreparable injury to OlyPages and we shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold OlyCash and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
How to Receive Payments as a Seller
Please check Sell Item Online to see how you receive payments as a seller.
Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and OlyCash and you shall have no authority to bind OlyCash in any manner whatsoever.
Except as explicitly stated otherwise, any notices to OlyPages from you shall be given by you through email to OlyPages at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by OlyCash using an email response or return mail, where appropriate. Except where legally specified, any notices to you from OlyPages or OlyCash shall be given by email or SMS to the contact you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such notice is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 calendar days after the date of mailing.
Transfer of Rights and Obligations
You hereby grant OlyPages the right to, and irrevocably acknowledge and agree that OlyPages may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. OlyPages agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on OlyPages. You may not at any time, without the prior written consent of OlyCash, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of OlyCash.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
No person or entity who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on OlyPages or otherwise, the English text shall prevail in case of any mis-translation.
This User Agreement is governed by, and construed in accordance with, the law in the location of the OlyCash legal entity and the user. Where no such entity is domiciled in user's location, the laws of the headquarters of OlyCash Inc shall be applicable. This clause will survive any expiry or cancellation of this User Agreement for any reason.