Terms & Conditions
e-Seller (referred to
as e-Seller.net) provides a service where individuals can buy (Buyer)
or sell (Seller) goods or services via the e-Seller.net website at
https://e-Seller.net (Site) and through the gateway domains of xenmarket.com, .org, .net and .co.uk.
- Acceptance of Terms
- These Marketplace Terms
and Conditions (Terms) form a binding legal agreement between e-Seller.net,
its directors, officers, employees, successors and assignees, and each
person, organisation or entity using the Services including but not
limited to each Buyer and Seller (each referred to as a User,
collectively the Users). By ticking the ‘I Agree’ option on
registration and using the Site and Services, each User agrees to comply
with and be legally bound by these Terms. Please read the Terms
carefully. If there are any questions, the User is encouraged to contact e-Seller.net
using the contact details at the end of these Terms.
- The User’s use of the
Site and the Services indicates that the User:
- has had sufficient
opportunity to access these Terms and contact e-Seller.net;
- has read, accepted and
will comply with these Terms;
- has legal capacity to
enter into a contract for sale; and
- is 18 years of age or
If this is not correct, or if the User does not agree to these Terms,
the User is not permitted to use any of the Services.
- These Terms may be
amended from time to time. Use of these Services following any such
amendments will be deemed to be confirmation that the User accepts those
amendments. e-Seller.net will
notify Users regarding amendments to these Terms via Broadcast messages sent through our internal Private Messaging system, e-Seller.net
recommends that each User checks the current Terms before continuing use
of the Services. e-Seller.net’s agents, employees and third parties do
not have authority to change the Terms.
- These Terms supplement
and incorporate e-Seller.net policies and terms and conditions, including
Policy posted on the
and protects the personal information of its Users. e-Seller.net’s
your use of the Site. These documents are available on the Site.
- e-Seller.net Services
- e-Seller.net provides the
following services via the Site:
- an introductory service
where Sellers list their goods or services for Buyers to purchase (Introductory
- a payment service
provider for transactions conducted between Buyers and Sellers (Transaction)
using Bitcoin (Cryptocurrency) where e-Seller.net acts as a:
limited asset holding agent to mediate exchange; or exchange moderation
for escrow transactions (Escrow Services),
(the Introductory Service and Escrow Services collectively referred to
- To access all Services
and features on the Site, a User must register on the Site and create an
account (Account) and a public profile visible to all Users
setting out the information as requested on the Site (Profile).
Each User is responsible for its own Account, Profile and obtaining their
own Cryptocurrency wallet as is required to receive the payments from use
of our Services.
- Users with an Account
will be able to use the Site and Services as a Buyer or a Seller and
access the Site to communicate with other Users and (i) use the
Introductory Service to obtain goods or services from other Users; and
(ii) use the Escrow Service to carry out self-managed escrow
- Introductory Services
- Sellers can create
listing(s) (Listing) on the Site to advertise the sale of the
Seller’s goods (Seller Products) and/or the availability of the
Seller’s services (Seller Services).
- A Seller must set out all
relevant information in a Listing such as the time, date and location of
any Seller Service, the fee for any Seller Service, the purchase price of
any Seller Product, any delivery fees in respect of any Seller Product,
any refund and exchange policy in respect of any Seller Product, any
refund policy in respect of any Seller Service and any other terms and
conditions applicable to the sale of any Seller Product or the supply of
any Seller Service.
- Sellers can view the
Profiles of Buyers, and contact Buyers via: the private messages system
available on the Site (e-Seller.net Private Messages) to enter
into a Transaction with Buyers. e-Seller.net recommends Users communicate
strictly via the e-Seller.net Private Messages to undertake and complete
Transaction(s). Each User acknowledges and agrees if they communicate
outside the e-Seller.net Private Messages, they do so at their own risk.
- Buyers will be able to:
view Listings, request Seller Services and/or Seller Products, contact
Sellers, book and pay for Seller Services and/or order and pay for Seller
Products, through the Site. When a Buyer orders any Seller Product and/or
books any Seller Service, they accept any terms and conditions as set out
in the relevant Listing.
- Buyers can view the
Profiles of Sellers, and contact Sellers via the e-Seller.net Messenger
and commence Transactions with the Seller.
- When a Buyer makes an
offer to purchase the Seller Product and/or Seller Service as set out in
a Listing (Purchase), the Buyer accept the Cryptocurrency amount due and
payable by the Buyer to the Seller (Purchase Price) and the Seller agrees
the Purchase Price will be locked for 48 hours (Price Lock). If the Buyer
does not make full payment of the relevant fees including the Purchase
Price within those 48 hours, then the Price Lock will expire, the buyer’s
Purchase will be cancelled and they will be required to place a new
order. Price Locking will be configured to auto cancel orders within one
hour when Bitcoin price fluctuations become erratic.
- Subject to the provision
of Escrow Services, e-Seller.net is not a party to any Transaction or
agreement entered into between a Buyer and a Seller. If a Buyer contacts
a Seller and requests Seller Services and/or Seller Products, the
Transaction and any agreement entered into is solely between the Buyer
and Seller. It is strictly and expressly not part of the User’s agreement
- e-Seller.net is not a
referrer or booking agent, and provides no such related services. e-Seller.net
has no control over the conduct of Buyers, Sellers and any other Users of
the Site and the Services. e-Seller.net disclaims all liability in this
regard, as set out in these Terms.
- Escrow Services
- Each User agrees and
appoints e-Seller.net to be the provider of Escrow Services for the
duration of these Terms and act as limited payment collection agent in
accordance with clause 11.
- Seller acknowledges that
the use of the Services is chargeable when they commence a Transaction,
- e-Seller.net’s service
fee payable by the Seller to e-Seller.net for facilitating the payment
in Cryptocurrency from Buyer to Seller (Seller Transaction Fee);
- upon receipt of the
Purchase Price, e-Seller.net will immediately pay to the Seller the
value of the Purchase Price less the Transaction Fee once release
criteria has been met.
- Online Registration
- Each User may only have
one (1) Account on the Site including a Profile. Users will choose a
username and password for their Account.
- Basic information is
required when registering on the Site for an Account. Each User is
required to provide certain information, principally a username and
password. More information is required for vendors and buyers looking to
make sales / purchases over £2000.00 (or its Dollar / Euro equivalent) per week and, User’s accounts exceeding
£24000.00 or its equivalent fiat value within a 12 month time-frame. This
information will be stored in accordance with KYC guidelines.
- Each User agrees to
provide accurate, current and complete information during the
registration, purchase and sale process and to update such information to
keep it accurate, current and complete. e-Seller.net reserves the right
to suspend or terminate any User’s Account and his/her access to the Site
and Services if any information provided to e-Seller.net proves to be
inaccurate, not current, incomplete or misleading.
- To keep information
secure and confidential, e-Seller.net uses multiple servers to store
information and SSL Certificates to establish an encrypted link between a
server and a User. Further information on the storage and security of
- It is the User’s
responsibility to keep its Account details, username and password
confidential. The User is liable for all activity on its Account,
including purchases made using its account details. The User agrees that
it will not disclose its password to any third party and that it will
take sole responsibility for any activities or actions under its Account,
whether or not it has authorised such activities or actions.
- The User will immediately
notify e-Seller.net of any unauthorised use of its Account.
- Users and User Profiles
- Users who have created an
Account are permitted to create Profiles. The User’s Profile for its use
of the Site is created from the personal information it provides to e-Seller.net.
- A Seller will be required
to provide valid form(s) of identification as requested on the Site and
contact details to create a Listing to advertise certain Seller Products
and/or Services as set out on the Site.
- Each User acknowledges
and agrees that it is responsible for its own Profile.
- Each User acknowledges
and agrees that any communications entered into with another User is at
his or her own risk. e-Seller.net does not provide a User with and cannot
guarantee that other Users have genuine intentions.
- Each User should report
to e-Seller.net any activities or requests of Users which are, or which
the User reasonably believes to be:
- illegal; or
- likely to have a
negative effect on the reputation of e-Seller.net, the Site, Services
and/or a User.
- Each User acknowledges
and agrees that while the Site allows Users to communicate with each
other, Users are not permitted to share the contact information of other
- Each User represents and
warrants that any content that it provides and Profile and Listing that
- will not breach any
agreements it has entered into with any third parties;
- will be in compliance
with all applicable laws, tax requirements, and rules and regulations
that may apply to any User in its local area and country; and
- will not conflict with
the rights of third parties.
- For the avoidance of
doubt, e-Seller.net assumes no responsibility for a User’s compliance
with any applicable laws, rules and regulations.
- e-Seller.net reserves the
right, at any time and without prior notice, to remove or disable access
to any Account, Profile and/or Listing for any reason, including
Accounts, Profiles and/or Listings that e-Seller.net, at its sole
discretion, considers to be objectionable for any reason, in violation of
these Terms or otherwise harmful to the Site or Services.
- Escrow Process
- Shipping of Seller
Products and/or delivery of Seller Services: e-Seller.net will provide notice to the
Seller upon receipt of the Escrow Funds. Upon receipt of such notice, the
Seller agrees: (i) to arrange to ship the Seller Products or deliver the
Seller Services; (ii) within 72 hours of receipt of such notice, to mark
the Seller Product and/or Services as “delivered” via the Site; and (iii)
clause 9 will apply.
- Buyer Process: Once item is in receipt, the Buyer must
accept the Delivery of the Seller Product and/or Seller Services or
request a refund if there is a problem with the Seller Product and/or
Seller Services. If the Buyer:
- accepts the delivery of
Seller Product(s) and/or Seller Service(s) (Buyer Acceptance),
they must click the “Release Escrow” button on the Site and e-Seller.net
will immediately disburse to the Seller the Escrow Funds less the Seller
Transaction Fee and the Transaction will be deemed complete;
- has a problem with the
Seller Services or otherwise requests a refund (Escrow Refund Request),
e-Seller.net will notify the Seller of such request and: if the Buyer
has purchased Seller Products, the Buyer must promptly return the Seller
Product to the Seller at the Buyer’s own expense; or if the Buyer has
obtained Seller Services, e-Seller.net will notify the Seller of such
dispute and the dispute resolution process as set out in clause 13 will
- does not accept or
reject the Seller Product(s) and/or Seller Service(s), e-Seller.net will
release Escrow Funds less the Seller Transaction Fee to the Seller upon
expiry of the Determination Period.
The Buyer acknowledges and agrees the Escrow Fee is payable when the
Buyer elects Escrow Payment, even if they accept or reject a Transaction
or otherwise submits an Escrow Refund Request.
- Seller Process for
Escrow Refund Request: e-Seller.net
will notify the Seller immediately of e-Seller.net receiving notice of an
Escrow Refund Request. Within 72 hours of receipt of such notice (Notice
Period), the Seller must notify e-Seller.net whether it accepts or
disputes the Escrow Refund Request. If the Seller disputes the Escrow
Refund Request, the Seller must open a dispute within the Notice Period (Dispute
Notice) only by replying to the Escrow Refund Request notice and the
dispute resolution process set out in clause 13 will apply. The Seller
agrees e-Seller.net will return to the Buyer the Escrow Funds held for
the benefit of the Seller If the Seller:
- accepts the Escrow
Refund Request; or
- does not provide a
Dispute Notice prior to the expiry of the Notice Period.
- e-Seller.net reserves the
right to remove Escrow Payment from its Site and Services, to amend its
procedure for Escrow Payment or to terminate its role as a limited
payment collection agent at its discretion.
- Ratings and Reviews
- Users may rate a Profile
(Rating), which determines the popularity of individual Profiles.
Buyers may also provide feedback to Sellers regarding Seller Products or
Seller Services purchased by that Buyer (Review). Buyers may only
leave Ratings and Reviews for the Seller’s Profile once they have
purchased the products and/or services of the Seller.
- Ratings and Reviews of a
Seller can be viewed by any User. Ratings and Reviews will remain
viewable until the relevant Seller’s Account and Profile is removed or
- Buyers must provide true,
fair and accurate information in their Review.
- If, in e-Seller.net’s
reasonable assessment, the Review is untrue, unfair, inaccurate,
offensive or inappropriate, e-Seller.net may delete the Review or ban the
Buyer from posting the Review. e-Seller.net does not undertake to review
each Review made by a Buyer.
- To the fullest extent
permitted by law, e-Seller.net is not responsible for the content of any
- Delivery of Seller
- The Seller is to arrange
delivery of any Seller Product to the Buyer. e-Seller.net is not involved
in the delivery process.
- A Buyer is required to
refer to delivery information provided by the Seller or contact the
Seller directly to confirm:
- that they are within the
- the applicable delivery
- when the Seller Product
is likely to be dispatched;
- the method of delivery;
- when risk of loss,
damage or deterioration to any Seller Product will pass to the Buyer;
- what to do if a Seller
Product is delayed, damaged or goes missing in the delivery process.
- Fees and Payments
- Buyers and Sellers
acknowledge that use of the Services including undertaking a Transaction
may result in charges to them including the Fees, insurance, delivery
fees and taxes but may be required to pay fees for any other Services
that they request which are available on e-Seller.net’s Site.
- Each User agrees to pay
the applicable Fees for a Transaction as set out on the Site.
- As the Seller’s limited
payment collection agent, e-Seller.net will collect from the Buyer the
Seller Fees on behalf of the Seller.
- e-Seller.net will process
and facilitate payment to a Seller’s Cryptocurrency wallet the total
Seller Fees accrued for the Seller Services provided and/or Seller
Products delivered to a Buyer under the applicable Transaction less any
applicable fees payable by that Seller to e-Seller.net.
- The User must pay for the
Services in Cryptocurrency. The User must not pay, or attempt to pay, for
the Services or a Transaction through any fraudulent or unlawful means.
(f) Subject to clause 15, all payments made are final and the User shall
not have the right to cancel its purchase for any reason and further each
User agrees to satisfy all such payments made, with exception to action
taken under the Refund Policy set out in these Terms.
- e-Seller.net is not
responsible for the payment of any sales, use, personal property or other
governmental tax or levy imposed on any Seller Product or Seller Services
supplied via the Services or otherwise arising from any Transaction
undertaken by the Users.
- e-Seller.net’s pricing
structure or payment methods may be amended from time to time at its sole
- Limited Payment Collection
- Each Seller appoints e-Seller.net
as the Seller’s limited payment collection agent solely for the purpose
of accepting the Seller Fees from the Buyer.
- Each User agrees that
payment of Seller Fees in respect of a Seller by a Buyer to e-Seller.net,
as that Seller’s limited payment collection agent, shall be considered
the same as a payment made directly by that Buyer to the relevant Seller
and the Seller will provide the relevant Seller Services and/or Seller
Product to the Buyer, as outlined in the relevant Listing, as if the
Seller had received payment directly.
- Each User agrees that e-Seller.net,
as the Seller’s limited payment collection agent, may permit a Buyer to
cancel a Transaction and provide the Buyer with a refund in accordance
with the cancellation and refund policy set out in the Seller’s Listing
or these Terms.
- Notwithstanding e-Seller.net’s
appointment as limited payment collection agent of each Seller, e-Seller.net
explicitly disclaims all liability for any acts or omissions of the
Seller or any other third parties.
- Offers and Promotions
- e-Seller.net may, from
time to time, make offers or promotions which may be applicable to the
- The conditions of such
offers or promotions will be specified on the Site.
- The User acknowledges and
agrees that e-Seller.net may, at its sole discretion, remove or extend
any offers or promotions, and e-Seller.net will not be responsible or
liable for any potential loss or damage which the User incurs as a result
of the removal or extension of any offers or promotions.
- Dispute Resolution
- By using our Site and
Services, each User agrees that any legal remedy or liability that they
may seek to obtain for actions or omissions of a Buyer, Seller, or other
third party, will be limited to a claim against the Buyer, Seller or
other third party, who caused harm to him or her. e-Seller.net encourages
Users to communicate directly with the relevant Buyer, Seller or third
party to resolve any disputes.
- e-Seller.net welcomes
feedback from its Users. e-Seller.net seeks to resolve concerns quickly
and effectively. If any User has any feedback or questions about the
Services, please contact any member of the staff.
- In any other
circumstances, if there are any complaints from a User, e-Seller.net will
aim to respond and provide a suitable solution within 45 days. If a User
is not satisfied with e-Seller.net’s response, the User and e-Seller.net
agree to the following dispute resolution procedure:
- the complainant must
tell the respondent in writing, the nature of the dispute, what outcome
the complainant wants and what action the complainant thinks will settle
the dispute. The User and e-Seller.net agree to meet in good faith to
seek to resolve the dispute by agreement between them (Initial
- if a resolution cannot
be agreed upon at the Initial Meeting, either the User or e-Seller.net
may refer the matter to a mediator. If the User and e-Seller.net cannot
agree on who the mediator should be, the complainant will be handled
within the framework of English Law and further legal assistance sought.
- The User acknowledges
that notwithstanding the procedure set out in clause 10(c), dispute
resolution will take place electronically through our inhouse dispute system.
This is optional, all users have the right to conduct the dispute through email
- Any attempts made by a
party to resolve a dispute pursuant to this clause are without prejudice
to other rights or entitlements of either party under these Terms, by law
or in equity.
- Cancellation of
- If a User wishes to
cancel its registration, it will need to do so by writing an email
to support@e-Seller.net. Users cannot cancel or deactivate their
- No refunds will be made
upon cancellation except as specified in the Refund Policy set out in
- Cancellation and Refund
- If a Seller cancels a
Transaction, is subject to an Escrow Refund Request or fails to deliver
the Seller Products or Seller Services as set out in clause 7, e-Seller.net
will provide to the Buyer a full refund of the Purchase Price.
- Any cancellation,
exchange or refund of a Seller Product and/or Seller Service: (i) after
the expiry of the Determination Period, or (ii) where a Buyer pays the
Purchase Price by Direct Payment, is strictly a matter between the Buyer
and the Seller. The terms and conditions agreed to between the Buyer and
Seller should be set out clearly in the Listing in respect of the Seller
Product or Seller Service.
- Intellectual Property
- All logos, slogans,
content, designs, diagrams, drawings, graphics, images, layouts,
appearance, videos, ideas, methods, databases, codes, algorithms,
software, fees, pricing, notes, documents, domain names, confidential
information, copyright, rights in circuit layouts (or similar rights),
registered or unregistered trade marks, trade names, patent, know-how,
trade secrets and any other intellectual or industrial property whether
such rights are capable of being registered or not (collectively Intellectual
Property), including but not limited to copyright which subsists in
all creative and literary works displayed on the Site and Services, the
layout, appearance and look of the Site, together with any applications
for registration and any rights to registration or renewal of such rights
anywhere in the world, whether created before or after the date of these
Terms and whether used or contained in the Site is owned, controlled or
licensed to e-Seller.net (or its affiliates and/or third party licensors
- The User agrees that, as
between the User and e-Seller.net, e-Seller.net owns or holds the
relevant licence to all Intellectual Property rights in the Site and
Services, and that nothing in these Terms constitutes a transfer of any
Intellectual Property. The Intellectual Property, Site and Services are
protected by copyright, trademark, patent, trade secret, international
treaties, laws and other proprietary or industrial rights whether such
rights are capable of being registered or not, and also may have security
components that protect digital information only as authorised by e-Seller.net
or the owner of the content.
- Some Intellectual
Property used in connection with the Site and Services are the trademarks
of their respective owners (collectively Third Party Marks).
Intellectual Property and Third Party Marks may not be copied, imitated
or used, in whole or in part, without the prior written permission of e-Seller.net
or the applicable trademark holder or Intellectual Property owner.
- Users of the Site do not
obtain any interest or licence in the Intellectual Property or Third
Party Marks without the prior written permission of e-Seller.net or the
applicable Intellectual Property owner. Users may not do anything which
interferes with or breaches the Intellectual Property rights.
- User Licence
- Subject to these Terms, e-Seller.net
grants the User a personal, non-exclusive, non-transferable, limited and
revocable licence to use the Site and Services for its own personal
and/or non-commercial use only on a computer or mobile device owned or
controlled by the User as permitted in accordance with these Terms (User
Licence), and not to use the Site and Services in any other way or
for any other purpose, apart from local fair dealing legislation in
accordance with the Copyright Act. All other uses are prohibited without e-Seller.net’s
prior written consent.
- The right to use the Site
and Services is licensed to the User and not being sold to the User. A
User has no rights in the Site and Services other than to use it in
accordance with these Terms.
- This Agreement and User
Licence governs any updates to, or supplements or replacements for the
Site and Services, unless separate Terms accompany such updates,
supplements or replacements, in which case the separate Terms will apply.
- Prohibited Conduct
- Each User is solely
responsible for compliance with any and all laws, rules, regulations,
including but not limited to tax obligations that may apply to its use of
the Site and Services. In connection with the User’s use of the Site and
Services, the User may not and agrees that it will not:
- use the Site or Services
for any commercial or other purposes that are not expressly permitted by
- use the Site or Services
in connection with Transactions that are illegal, which involve any
illegal goods or services, or is for an illegal purpose as set out on
- register for more than
one Account or register for an Account on behalf of another individual
- use the Services to find
a Seller and then complete, or assist another individual to complete or
transaction independent of the Services in order to circumvent the
obligation to pay any fees related to e-Seller.net’s provision of the
- post any Review or
upload any content (including but not limited to User Content) that is
offensive, contains nudity or inappropriate language, contains racial or
religious ranting or discrimination or defames another User, Profile or
- submit any false or
- as a Seller, offer any
Seller Services or Seller Products that it does not intend to honour or
- as a Buyer, make any
offers to the Seller that it does not intend to honour;
- violate any local,
state, provincial, national, or other law or regulation, or any order of
a court, including, without limitation, zoning restrictions and tax
- List any religious,
digital or physical items that could cause harm, or be considered a
primary additive/element/precursor to a substance or material that could
be considered dangerous, unlawful or have potential to cause harm.
- copy, store or otherwise
access any information contained on the Site and Services or content for
purposes not expressly permitted by these Terms;
- infringe the rights of
any person or entity, including without limitation, their intellectual
property, privacy, publicity or contractual rights;
- use the Site or Services
to transmit, distribute, post or submit any information concerning any
other person or entity, including without limitation, photographs of
others without their permission, personal contact information or credit,
debit, calling card or account numbers;
- use the Site or Services
in connection with the distribution of unsolicited commercial email,
i.e. spam or advertisements;
- stalk or harass any
other user of the Services or collect or store any personally
identifiable information about any other user other than for purposes of
transacting as a User on the Site;
- use, display, mirror or
frame the Site, or any individual element within the Site, Services, e-Seller.net’s
name, any e-Seller.net trademark, logo or other Intellectual Property,
information, or the layout and design of any page or form contained on a
page, without e-Seller.net’s express written consent; or
- advocate, encourage, or
assist any third party in doing any of the foregoing.
- The Site, Services and
Intellectual Property are protected by copyright, trademark, and other
laws of Australia and international countries. The User acknowledges and
agrees that the Site, Services and Intellectual Property, including all
associated intellectual property rights are the exclusive property of e-Seller.net
and its licensors. The User will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Site and Services, or Intellectual
- The User must not post,
upload, publish, submit or transmit any content that:
misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy;
- is fraudulent, false,
misleading or deceptive;
- denigrates e-Seller.net,
the Site, Services, a Buyer, or a Seller;
- violates, or encourages
any conduct that would violate, any applicable law or regulation or
would give rise to civil liability;
- is defamatory, obscene,
pornographic, vulgar, offensive, promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group;
- is violent or
threatening or promotes violence or actions that are threatening to any
other person; or
- promotes illegal or
harmful activities or substances.
- User Content
- Users are permitted to
post, upload, publish, submit or transmit relevant information and
content (User Content). By making available any User Content or
any Intellectual Property on or through the Site and Services, the User
grants to e-Seller.net a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free licence to use the User Content
and Intellectual Property, with the right to use, view, copy, adapt,
modify, distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, access, or otherwise exploit such User
Content and Intellectual Property on, through, or by means of the Site
- The User agrees that it
is solely responsible for all User Content and Intellectual Property that
it makes available through the Site and Services. The User represents and
- it is either the sole
and exclusive owner of all User Content and Intellectual Property that
it makes available through the Site and Services, or that it has all
rights, licences, consents and releases that are necessary to grant to e-Seller.net
the rights in such User Content or Intellectual Property, as
contemplated under these Terms; and
- neither the User Content
nor the posting, uploading, publication, submission or transmittal of
the User Content or e-Seller.net’s use of the User Content (or any
portion thereof) on, through or by means of the Site and the Services
will infringe, misappropriate or violate a third party’s patent,
copyright, trademark, trade secret, moral rights or other Intellectual
Property rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.
- e-Seller.net may at its
sole discretion remove or delete any User Content including but not
limited to if the User Content is offensive or in breach of these Terms.
- e-Seller.net does not
guarantee that Seller Products and/or Seller Services will be requested
by any Buyer, nor does e-Seller.net guarantee that Buyers will be able to
find desirable Sellers, Seller Products and/or Seller Services.
- e-Seller.net does not
endorse any Buyer, Seller, Profile, Listing or Seller Services and Seller
Products. e-Seller.net requires Buyers and Sellers to confirm that they
have provided accurate information. e-Seller.net does not perform any
sort of background checks of Buyers and Sellers, and does not confirm any
Buyer or Seller’s identity, Profile, Listing, Seller Services and/or
- e-Seller.net cannot and
does not control the content contained in any Profiles or Listings or the
condition, legality or suitability of any Seller or Seller Services or
Seller Products. Buyers are responsible for determining the identity and
suitability of Sellers that they contact via the Services and the Seller
Services and Seller Products.
- e-Seller.net accepts no
responsibility for and makes no representations or warranties to the User
or to any other person or entity as to the reliability, accuracy or
completeness of the information contained on the Site. e-Seller.net
disclaims any and all liability related to any and all Buyers, Sellers,
Profiles, Listings, Seller Services and Seller Products.
- By using the Site or
Services, the User agrees that any legal remedy or liability that it
seeks to obtain for actions or omissions of other Buyers or Sellers or
other third parties will be limited to a claim against the Buyer or
Seller or other third party who caused it harm. e-Seller.net encourages
the User to communicate directly with the relevant Buyer or Seller on the
Site and Services regarding any communications or arrangements made
between them and to resolve any dispute between them.
- To the fullest extent
allowable under applicable law, e-Seller.net disclaims all warranties,
representations and conditions, whether express or implied, including any
warranties, representations and conditions that the Site or Services are
merchantable, of satisfactory quality, reliable, accurate, complete,
suitable or fit for a particular purpose or need, non-infringing or free
of defects or errors.
- For the avoidance of
doubt, e-Seller.net is not responsible for any duties, fees, taxation,
visa or immigration matters associated under these Terms. e-Seller.net
advises that all Users using the Site and Services should seek advice in
relation to these matters.
- Each Buyer and Seller who
uses the Site and the Services does so at their own risk.
- e-Seller.net excludes all
express and implied conditions and warranties, except for the User’s
Rights, to the fullest extent permitted by law, including but not limited
- e-Seller.net expressly
disclaims any implied or express guarantees, warranties, representations
or conditions of any kind, which are not stated in these Terms;
- e-Seller.net does not
warrant that the Site, the Services, content on the Site (including
pictures, videos, sound clips, resumes, links etc.), or the User’s
access to the Site, the Services will be error free, that any defects
will be corrected or that the Site or the server which stores and
transmits material to the User is free of viruses or any other harmful
- e-Seller.net takes no
responsibility for, and will not be liable for, the Site, the Services,
the Buyer, the Seller, Seller Services and Seller Products being
unavailable, of a particular standard of workmanship, failing to meet
the Profile description, failing to meet the Listing description,
failing to meet the User’s needs, or being of less than merchantable
- e-Seller.net will not be
liable for any loss, damage, costs or expense whether direct, indirect,
incidental, special, consequential and/or incidental, exemplary or
consequential damages, including lost profits, loss of data or loss of
goodwill, service interruption, computer damage or system failure or the
cost of substitute products or services, or for any damages for
personal, bodily injury, death or emotional distress, loss of revenue,
production, opportunity, access to markets, goodwill, reputation, use or
any indirect, remote, abnormal or unforeseeable loss, or any loss or
damage relating to business interruption, loss of programs or other data
on the User’s information systems or costs of replacement goods, or
otherwise, suffered by the User or claims made against the User, arising
out of or in connection with the Site, Services, content on the Site,
inability to access or use the Site, the Services, any Profile, any
Listing, the Seller Services, the Seller Products or the Terms, even if e-Seller.net
was expressly advised of the likelihood of such loss or damage.
- The User agrees not to
attempt to impose liability on, or seek any legal remedy from e-Seller.net
with respect to such actions or omissions.
- Limitation of Liability
- e-Seller.net’s total
liability arising out of or in connection with the Site, the Services or
the Terms, however arising, including under contract, tort, including
negligence, in equity, under statute or otherwise, will not exceed the
total fees paid by the User to e-Seller.net in the twelve (12) month
period prior to the event giving rise to the liability, or one hundred
and fifty pound sterling (GBP£150) if no such payments have been made, as applicable.
- The limitations of
damages set forth above are fundamental elements of the basis of the
bargain between e-Seller.net and the User. Some jurisdictions do not
allow the exclusion or limitation of liability for consequential or
incidental damages, in which case the above limitation may not apply.
- This limitation of
liability reflects the allocation of risk between the parties. The
limitations specified in this section will survive and apply even if any
limited remedy specified in these terms is found to have failed of its
essential purpose. The limitations of liability provided in these terms.
- Each User agrees to
defend and indemnify and hold e-Seller.net (and e-Seller.net’s parent,
related bodies corporate, officers, directors, contractors, employees and
agents) harmless from and against any claims, actions, suits, demands,
damages, liabilities, costs or expenses (including legal costs and
expenses on a full indemnity basis), including in tort, contract or
negligence, arising out of or connected to the User’s use of or access to
the Services; any breach by the User of these Terms; any wilful, unlawful
or negligent act or omission by the User; and any violation by the User
of any applicable laws or the rights of any third party.
- e-Seller.net reserves the
right to assume the exclusive defence and control of any matter otherwise
subject to indemnification by the User, in which event the User will
cooperate in asserting any available defences.
- This defence and
indemnification obligation will survive these Terms and the User’s use of
the Site or Services. These Terms, and any rights and licences granted
hereunder, may not be transferred or assigned by the User, but may be
assigned by e-Seller.net without restriction.
- Accuracy: While e-Seller.net will endeavour to keep
the information up to date and correct, e-Seller.net makes no
representations, warranties or guarantee, express or implied, about the
completeness, accuracy, reliability, suitability or availability of any
information, images, products, services, or related graphics contained on
the Site for any particular purpose. The User hereby acknowledges that
such information and materials may contain mistakes, inaccuracies or
errors and e-Seller.net expressly excludes any liability for such to the
fullest extent permissible by law.
- Security: e-Seller.net has a secured business
system with an SSL connection to protect all User transactions and to
ensure maximum security. e-Seller.net also uses individually ‘salted’
passwords. e-Seller.net stores information across different servers,
including multiple servers in Germany. Daily backups are in place for
- Termination: e-Seller.net reserves the right to refuse
supply of the Services required by any User, terminate any User’s Account,
terminate its contract with any User, and remove or edit content on the
Site at its sole discretion, without incurring any liability to the User.
If e-Seller.net decides to terminate a User’s Account any of the
following may occur, with or without notice to the User:
- the User’s Account will
be deactivated, its password will be disabled and it will not be able to
access the Site, Services, its Account or its User Content;
- any pending or future
Transaction (in respect of a Seller or Buyer) will be immediately
- e-Seller.net may
communicate to the relevant Seller or Buyer that the Transaction has
- e-Seller.net may refund
the Buyer in full, regardless of the cancellation and refund policy; and
- e-Seller.net may contact
Buyer to inform them of potential alternative Seller Services or Seller
Products available from different Sellers on the Site and Services.
- Fraudulent and Illegal
Activities: Each User
acknowledges and agrees that, in the event e-Seller.net reasonably
suspects that there are fraudulent or illegal activities occurring within
the Site and Services, e-Seller.net reserves the right to immediately
terminate any Accounts involved in such activities, contact the relevant
authorities and provide all necessary information to assist in
proceedings and investigations. Such activities include the publication
of illegal content, spam, scam and phishing.
- Force Majeure: e-Seller.net will not be liable for any
delay or failure to perform its obligations under the Terms if such delay
is due to any circumstance beyond its reasonable control.
- Notice: Any notice in connection with the Terms
will be deemed to have been duly given when made in writing and delivered
or sent by email or Private Message to the user of who such notice is intended to
be given or to such other address or email address as may from time to
time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon
strict performance by the other of any provision in the Terms will not be
taken to be a waiver of any existing or future rights in relation to the
provision. No waiver by e-Seller.net of any of the Terms shall be
effective unless e-Seller.net expressly states that it is a waiver and e-Seller.net
communicates it to the User in writing.
- Assignment: A User must not assign any rights and
obligations under the Terms whether in whole or in part without e-Seller.net’s
prior written consent.
- Severability: If any of the Terms are determined by any
competent authority to be invalid, unlawful or unenforceable to any
extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue
to be valid to the fullest extent permitted by law.
- Jurisdiction and
Applicable Law: These
Terms, use of this Site, the Services and any dispute arising out of any
User’s use of the Site or Services is subject to the laws English Law,
and subject to the exclusive jurisdiction of British courts. The Site may
be accessed throughout Australia and overseas. e-Seller.net makes no
representation that the content of the Site complies with the laws
(including intellectual property laws) of any country outside the United
Kingdom. If a User accesses the Site from outside Britain, they are
responsible for complying with the laws in the place where he/she
accesses the Site.
- Entire Agreement: These Terms and any document expressly
referred to in them represent the entire agreement between e-Seller.net
and each User, and supersede any prior agreement, understanding or arrangement
between e-Seller.net and each User, whether oral or in writing.