These terms and conditions apply between all Users of this Website i.e. Machinesells.com (including but not limited to Members), and the management/administration/owner(s) of Machinesells.com.
1.Acceptance of Terms and Conditions
1.1. By using Machinesells.com, all users agree to be bound by these terms and conditions and that their use/access of the website is subject to (unless expressly stated otherwise) exclusively to these terms and conditions.
1.2. By using Machinesells.com you fully accept the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.3. Machinesells.com reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
2.1. Machinesells is a digital marketplace which provides a business to business trading platform service for industrial machinery through its website. Through its website, Machinesells connects sellers and purchasers of industrial machinery.
2.2. For purposes of this Agreement, a user is any person who makes use of the website and/or access the website for any purpose. A user can be any person regardless of whether they may have registered with Machinesells.com as a Paid Member after having completed the registration process and after having paid all requisite membership/subscription fees.
2.3. That in the event that a User has completed the registration process and has paid all requisite and necessary membership/subscription fees, they will be referred to as a “Paid Member of Machinesells.”
2.4. Machinesells also offers Free Membership packages to its Users. In order to become a Free Member of Machinesells, a User shall have to complete the registration form. A free member will have access to upload as many machines as they like, however their listings will not be given any priority and will be listed under all paid members.
3.2. Any subscriptions to Membership Products are deemed to commence from the date of receipt of User's completed order, registration form or online registration and payment for such membership.
3.3. With the exception of Free Membership, all Membership subscriptions are valid 12 months from the date of invoice or, where immediate payment is required immediately online prior to the activation of membership and access to any Services, upon payment of such fee. In the event that a Member, Paid or Free, by using Machinesells website, acts in contravention of these Terms & Conditions and in doing so carries out activities stated in Clause 4, Clause 7.1 & 7.2 of these Terms & Conditions, Machinesells reserves the right to terminate the membership of such member and such member’s access to Machinesells website.
3.4. Members may cancel their renewal at any point throughout their annual subscription. However, no refund shall be given if Members cancel a service during the course of the subscription year.
3.5. Members may also cancel their Membership renewal within 30 days of the Renewal Date. Such cancellation is permitted without any cost. To cancel any Membership Product, Members must inform Machinesells in writing by emailing firstname.lastname@example.org. Any cancellation by Members must be in writing and a full refund will be given only if this is received by Machinesells within 14 working days of the date of purchase.
4.Restriction on the use of Machinesells.com
4.1. With regard to the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
4.2. In any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
4.3. In any way which is harmful, unlawful, illegal, abusive, misleading, inaccurate or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
4.4. Access to the Machinesells website is permitted subject to the terms and conditions stated in these Terms & Conditions and we reserve the right to withdraw and/or terminate any user’s access to the website in the event you have failed to adhere to the terms and condition stated in this Agreement or for whatever reason in order to protect interests and rights of Machinesells. Any such withdrawal and/or termination of access to this website shall be done without notice to you. All users hereby agree that you agree to any such withdrawal and/or termination of access to Machinesells website and further agree that it cannot be challenged in any Court of law.
4.5. By accepting these terms and conditions, all users agree, understand and acknowledge that Machinesells shall not be liable to Users, Paid Members, or any third parties for any inability to the use the website, any losses arising out of events beyond our reasonable control; or any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; or loss or corruption of any data, database or software; or any special, indirect or consequential loss or damage.
4.6. By accepting these terms and conditions, all users further agree, understand and acknowledge that Machinesells shall not be liable to its Users, Paid Members, or any third parties for any fraud committed by any Buyer and/or any Seller of Industrial Machinery using Machinesells digital platform to or 3rd Party Users who use Machinesells digital platform. Such fraud includes content uploaded on Machinesells website by any Purchaser, Seller or any Third Party. It further includes fraud in relation to payment that may occur between any Purchaser and Seller using Machinesells website.
4.7. By accepting these terms and conditions, all users further agree and understand that personal information of each buyer and seller i.e. _____ shall not be made available to any User or Third Parties unless the same have registered with Machinesells.com as a Member of Machinesells.com
5.Using the Website
5.1. Through this website, Machinesells provides a digital marketplace to connect sellers and purchasers of industrial machinery. Machinesells, in no circumstance, is involved in any transaction(s) between its users and as such Machinesells disclaims all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.
5.2. All users of this website hereby agree and acknowledge that Machinesells has very limited control and neither is Machinesells responsible for the quality, safety and/or authenticity of any item listed on Machinesells.com. Save for any Seller(s) of Industrial Machinery who have been listed on Machinesells website as trusted Sellers, the information and materials on Machinesells website are not intended to amount to advice or endorsed from Machinesells on which reliance should be placed by you.
5.3. All users are exclusively accountable/responsible for all of the exchanges or transactions conducted on or as a result of utilizing the platform provided by Machinesells website, including but not limited to terms with respect to payment fraud, returns, guarantees, warranties, taxes, shipping, transportation and storage.
5.4. All users further agree that Machinesells is, in no circumstance, responsible or accountable for verification of any item listed or posted on its website or verification of any user of its website. The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. Machinsells.com encourages it users to check/verify any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
5.5. Keeping in view the fact that Machinesells is not involved in any transaction entered into or as a result of its website, all users hereby indemnify Machinesells.com in respect of all losses, claims or liabilities arising under or in connection with these Terms or your use of the Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
5.6. All Users, Paid Members, Free Members, and/or Third-Party Users further agree not to use Machinesells.com as a platform to sell any products, services, or any other content that does not fit the description of an Industrial Machinery.
6.Third Party Content
6.1. The User, and not Machinesells.com, is entirely responsible for all content that he/she uploads, posts, emails or otherwise transmits via the features and services provided by Machinesells.com.
6.2. Machinesells.com does not control any content uploaded or posted by a User, a Paid Member or by Third Parties. Machinesells does not guarantee the quality, authenticity, or accuracy and accordingly, Machinesells shall not be liable to any User with such User’s reliance on content posted by any other User of Machinesells.com, Paid Member of Machinesells.com or content posted by Third Parties. As such, every user is hereby responsible for conducting its own verification and due diligence in respect of any content posted on Machinesells.com by Third Parties.
6.3. The website of Machinesells.com may contain content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that Machinesells has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
7.1. Each Member, Paid or Free, further represents, warrants and agrees that the User Content that you submit, post or display shall:
a. Be true, accurate, complete and lawful;
b. Not be false, misleading or deceptive;
c. Have complete ownership right and/or permission to post, upload and/or display such content;
d. Not contain information that is defamatory and/or libellous;
e. Not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
f. Not contain any link directly or indirectly to any other web Sites which includes any content that may violate such Terms;
g. Not use Machinesells.com as a data gathering website.
7.2 Each Member, Paid or Free, further represents, warrants and agrees that you shall/are:
a. Carry on your activities on the Sites in compliance with any applicable laws and regulations;
b. Conduct your business transactions with other users of the website in good faith;
d. Not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e. Not impersonate any person or entity or their brand, misrepresent yourself or your affiliation with any person or entity;
f. Not engage in any other activities that may constitute a criminal offence and/or terrorist activity;
g. Not engage in any other activities that may encourage any unlawful activities;
h. Not involve attempts to copy, reproduce, exploit or expropriate Machinesells.com databases and listings;
i. Not pursue or commence any activities that have the effect of damaging, interfering with, intercepting any personal information;
j. Not pursue or commence any scheme to undermine the integrity of the data, systems or networks used by Machinesells.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
7.3. All users hereby agree and understand that Machinesells.com reserves the right to restrict users’ access to the website, or terminate a Member’s subscription in the event the User and/or Member carries out any of the activities stated in Clause No. 7.1 and 7.2 at their sole risk, cost and consequence.
7.4. All users further agree and understand that Machinesells reserves the right to initiate any and all appropriate legal proceedings against any User and/or Member, Paid or Free, at their sole risk, cost and consequence, in the event the User and/or Member carries out any of the activities stated in Clause No. 7.1 and 7.2.
8.1. To the maximum extent permitted by law, the services provided by Machinesells.com on or through its website are provided "AS IS BASIS", "AS AVAILABLE BASIS”.
8.2. Machinesells.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, and undertakings are hereby excluded.
8.3. To the maximum extent permitted by law, Machinesells.com does not represent any seller or any other user or member of its website and as such, Machinesells.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
8.4. Machinesells.com website is only a digital market place that connects sellers and purchasers of industrial machinery as it only makes available to Users products provided by independent third parties. Machinesells.com makes no warranty or representation with regard to such services or products uploaded or listed on its website. Therefore, in no event shall Machinsells.com be held liable for any such services or products.
8.5. Each User hereby agrees to indemnify and save Machinesells.com, its directors, its officers and its employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms.
8.6. Each User hereby further agrees to indemnify and save Machinesells.com, its directors, its officers and its employees from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Machinesells.com.
8.7. Each User hereby further agrees that Machinesells.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, or illicit material and that the risk of damages from such material rests entirely with each User. Machinesells.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Machinesells.com in asserting any available defences.
8.8. Machinesells.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
8.1.1. The use or the inability to use the Sites or Services;
8.1.2. Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services;
8.1.3. Violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
8.1.4. Unauthorized access by third parties to data or private information of any User;
8.1.5. Statements or any other conduct of any User of the Sites or Services; or;
8.1.6. Any matters relating to the Sites or Services, however arising, including negligence