Terms and conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Gavel FZ LLC ("Gavel FZ LLC", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the yourgavel.com website and any of its products or services (collectively, "Website" or "Services"). The use of the Website and the Services is governed by these Terms and conditions. In these terms and condition the terms “you, your” will indicate to any user who access the website or use its services in any way, including and not limited to browsing data, posting an advertisement, starting an auction, participating in Bidding, commenting on posted data. Based on your these terms of service, gavel agrees to provide the services available on its website, all users accessing the website agree to be bound by these Terms and Conditions, and by using any of the services on www.yourgavel.com you confirm your agreement on these terms and conditions. Gavel may make changes to the Terms of Service and will notify users of these changes by changing the date “last modified” above, please stop using the website and it’s services if you disagree “not approve” on any of the modifications updated on these terms and conditions in future as your usage of the services or accessing the website after the posting of any such changes will indicate your acceptance of these terms and changes. Companies using the services on the website will be accepting additional set of terms and conditions specified in Seller Terms of Use, noting that these terms and conditions will still apply.

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. User content We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. The website www.yourgavel.com is a classifieds platform with bidding features where users will be able to sell, buy, advertise and promote various products “new and preowned”, however, you herby acknowledge that by using gavel website or gavel services you take on all risk, responsibility, and liability; and that any rights you have against gavel are limited or excluded. All users understand and accept that Gavel is not responsible for ads, descriptions, listing information, communication between users whether thru the website or thru any other communication channels, information including and not limited to photos, videos, images, files, documents postings, comments. By using the website you understand and accept that any material available on the website including and not limited to the mentioned above is your own responsibility and it is for you to consider, evaluate and bear all risks, as content may be misleading, inaccurate, offensive or indecent and you accept that such content may not be reliable and Gavel will not be under any circumstances liable in any way for the content or any loss or damage of any kind incurred because of using, reading or being exposed to any content listed or made available by the website or Gavel services

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Gavel FZ LLC with respect to such other services. Gavel FZ LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Gavel FZ LLC to disclose your data as necessary to facilitate the use or enablement of such other service.

Posting and Advertising

You will be able to advertise, post and start online auctions on the website based on your own risk and full responsibility and accountability for the content published in these ads or auctions, and you understand that by using this service you accept that Gavel will not by responsible and have no obligation to correct, modify, update any of the content uploaded from your end on the website, nevertheless, Gavel reserve the right to review, delete, remove, update, and correct any content uploaded on the website without any intimation to users and without permission of the ad owner, and by accepting these terms and conditions you indemnify Gavel for any loss suffered due to the modifications or editing of the ads uploaded by you. Online bidding service on the website and auctions does not hold any obligations on seller to sell to the highest bid or any of the bids received on his post, as it will remain his own right to sell at the received price/bid or use any other methods of selling, however, by accepting these terms and buy posting an ad on yourgavel.com you confirm that you will be using the service of the website with full intention to sell the posted items, and promise not to misuse the services available on yourgavel.com with any other objective other than selling your items based on received prices. Gavel is not involved in any of the transaction taking place between buyer and seller, moreover, gavel limits its services to posting ads for the items subject of selling, according to the desire of sellers and on their own risk and responsibility. You accept and agree that gavel reserve the right to take actions against you if your use of the website was found inappropriate, harmful, untruth, or unacceptable to Gavel in any way, actions including and not limited to: (modifying or removing your post content, blocking, deleting and banning your account, legal actions as per UAE laws), you agree and accept that: in such cases where Gavel has taken any actions against your misuse of the services on yourgavel.com, you indemnify Gavel FZ LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs that you have incurred because of the actions taken against you for misusing yourgavel.com services.

Bidding

Gavel provides the service of bidding on items posted for selling, after creating an account and logging in to it you will be able to participate in these auctions, you accept and agree that the price you are updating online for the item will become its selling price and by confirming your bid you confirm your interest in buying the item and you promise to buy it in its selling price, provided that it was found meeting the description on the website, you agree and confirm that you will not use this service without true intention of buying the items you are bidding for, and you undertake and confirm you will not misuse this services in any manner except true intention of buying advertised goods, as any misuse of these services or bidding in auctions repeatedly without intention of buying may lead to blocking or banning your account, or even further legal consequences based on nature of misuse of the bidding services. Gavel is not involved in any of the transaction taking place between buyer and seller, moreover, gavel limits its services to posting ads for the items subject of selling, according to the desire of sellers and on their own risk and responsibility. Gavel and as per its own standards and at its description reserves the right to monitor and evaluate received bids on any of the ads on the website, and Gavels holds the rights to refuse or delete the bidding if it did not meet the goodwill standards of Gavel or if it was not acceptable to Gavel in anyway, without any intimidation or informing users. You accept and agree that the seller has no obligation to sell for the highest bid received, and it is at his own discretion to release the item and sell it to received bids or not. Gavel reserve the right to take actions against you if your use of the website was found inappropriate, harmful, or unacceptable to Gavel in any way, these actions including and not limited to: (blocking, deleting and banning your account, legal actions as per UAE laws), you agree and accept that in such cases where Gavel has taken any actions against your misuse of the services on yourgavel.com, you indemnify Gavel FZ LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs that you have incurred because of the actions taken against you for misusing yourgavel.com services.

Backups

We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Advertisements

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Intellectual property rights This Agreement does not transfer to you any intellectual property owned by Gavel FZ LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Gavel FZ LLC. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Gavel FZ LLC or Gavel FZ LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Gavel FZ LLC or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Gavel FZ LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Gavel FZ LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Gavel FZ LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Gavel FZ LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Gavel FZ LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. By accessing the website or using any of the services offered on it, you agree to these terms and conditions and confirm your understanding that your usage of the services and website is bound by these terms of use. You will also agree to comply and agree on listing and selling or bidding guidelines and terms and conditions that may by updated by Gavel from time to time at its sole discretion and it is your responsibility to confirm you are updated with latest version of these terms and conditions and you confirm that any use of the website or its services following to any updated on these terms and conditions will be considered as confirmation of your acceptance of the updates and changes on the terms and conditions.

Contacting us

If you have any questions about this Agreement, please contact us. Email: [email protected] This document was last updated on April 3, 2019 yourgavel.com