PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
1. APPLICATION OF AND ACCEPTANCE OF TERMS AND CONDITIONS
1.1 For the purposes of this Agreement, a User is any person who accesses the Platform for whatever purpose, as a registered user or whether such User is a paying customer for a specific service provided by Gelior. A User includes the person using this Platform and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Platform, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Platform and any further upgrade, modification, addition or change to this Platform. If you do not accept all of the terms and conditions of this Agreement, please do not use this Platform.
1.3 Gelior may amend this Agreement at any time by posting the amended and restated Agreement on the Platform. The amended and restated Agreement shall be effective immediately upon posting. Posting by Gelior of the amended and restated Agreement and your continued use of the Platform shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Gelior. Gelior will update to all its existing users via email as well.
2. CHARGES AND FEES
2.1 Access to the Platform and certain of its features are provided to Registered Users. The Storefront of each seller is publicly accessible (without registration).
2.2 Gelior provides certain services to Users who have undergone a specific registration process and agreed to pay for such services (Paid Services). Access to and use of certain features and content of the Platform that are part of a Paid Service are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.3 Users may register on the Platform by choosing one of the available membership plans. Each membership plan is provided in exchange of a fixed monthly fee.
2.4 In addition to the monthly membership fees, Gelior may charge a commission from completed transactions between Users (Transaction Fees).
2.5 Membership plans, monthly fees and Transaction Fees may be changed at the sole discretion of Gelior.
2.6 Gelior reserves the right to deny Paid Services to any User for whatever reason in order to protect Gelior’s interests.
3. USERS GENERALLY
3.1 Users may use this Platform solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Platform (the Gelior Content) for the purpose of re-selling or re-distributing the Gelior Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Gelior, or otherwise commercially exploiting the Gelior Content.
3.2 Some of the Gelior Content displayed on this Platform is provided or posted by third parties (Third Party Content). Any Third Party Content is the sole responsibility of the party who provided the content. Gelior is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance of such Third Party Content. In addition, Gelior is not responsible for the conduct of any User’s activities on the Platform, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
3.3 Gelior may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s website. User acknowledges that Gelior has no control over such third party’s website and Gelior shall not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
3.4 Messages or information sent by a User through communication systems provided by the Platform, or through emails, fax or letters to addressees obtained from the Platform, shall not contain any of the materials described in the provisions of Section 5.5 below.
3.5 Gelior reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Platform wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Gelior be liable to the User or any third parties for any inability to use the Platform (whether due to disruption, limited access, changes to or termination of any features on the Platform or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Platform or any of its features.
3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Gelior and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
4. REGISTERED USERS
4.1 Each User who has filled out an on-line registration form on the Platform by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Gelior (a Registered User). Gelior will establish an account (Account) for each Registered User and each Registered User is assigned a user alias (User ID) and password (Password) for log-in access to its own Account.
4.2 Registered Users shall not access or enjoy the benefits of any Paid Services without payment for such services; provided, however, that Gelior may permit such free access or enjoyment of Paid Services by a Registered User on a case-by-case basis; provided, further, that Gelior reserves the right at any time to deny access to any Paid Service (including but not limited to termination of the Account of such Registered User) if the Registered User has not paid Gelior the relevant charges and fees under the terms of such Paid Service.
4.3 Gelior may suspend or terminate a Registered User’s Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if, in Gelior’s determination, there is any breach of the provisions of this Agreement by the Registered User.
4.4 Gelior may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.
5. USERS WHO POST INFORMATION ON GELIOR
5.1 You must be a Registered User in order to post information on the Platform using the self-help submit and edit tools provided through the Platform. Your status as a Registered User is governed by the provisions of Section 5.
5.2 Each User hereby represents, warrants and agrees to:
(a) provide Gelior with true, accurate, current and complete information to be displayed on the Platform and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free license to Gelior to display and use all information provided by such User in accordance with the purposes set forth in this Agreement. Each User further agrees that by posting any material or information anywhere on the Platform it surrenders its copyright and any other proprietary right in the posted material or information.
5.3 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Platform or provides to Gelior or authorizes Gelior to display does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
5.4 Each User hereby represents warrants and agrees that information submitted to Gelior for display on the Platform shall not:
(a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
(b) be part of a scheme to defraud other Users of the Platform or for any other unlawful purpose;
(c) relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights;
(d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
(e) be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
(i) solicit business from any Users in connection with a commercial activity that competes with Gelior; or
(j) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
5.5 Gelior reserves the right in its sole discretion to remove any material displayed on the Platform which it reasonably believes is unlawful, could subject Gelior to liability, violates this Agreement or is otherwise found inappropriate in Gelior’s opinion. Gelior reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. In connection with any of the foregoing, Gelior may suspend or terminate the Account of any User as Gelior deems appropriate in its sole discretion.
6. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS
6.1 Through the Platform, Gelior provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Gelior does not represent the seller nor the buyer in specific transactions. As a result, Gelior does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
6.2 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Platform to conduct transactions, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents (Transaction Risks). Each User agrees that Gelior shall not be liable or responsible for any damages that may arise as a result of or in connection with any Transaction Risks.
6.3 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Platform, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.4 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Gelior (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
7. LIMITATION OF LIABILITY
7.1 The features and services on the Platform is provided on an “as is” and “as available” basis, and Gelior 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, undertakings and terms are hereby excluded.
7.2 Gelior makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the Platform.
7.3 Any material downloaded or otherwise obtained through the Platform is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Gelior or through or from the Platform shall create any warranty not expressly stated herein.
7.4 Under no circumstances shall Gelior be held liable for an delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5 Each User hereby agrees to indemnify and save Gelior, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Platform (including but not limited to the display of such User’s information on the Platform) or from its breach of any of the terms and conditions of this Agreement. Each User further agrees that Gelior is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
7.6 Gelior 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 or otherwise or any other damages resulting from any of the following:
(a) the use or the inability to use the Platform;
(b) any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Platform;
(c) unauthorized access by third parties to data or private information of any User;
(d) statements or conduct of any User of the Platform; or
(e) any matters relating to Paid Services however arising, including negligence.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Gelior is the sole owner or lawful licensee of all the rights to the Platform and the Gelior Content. The Platform and Gelior Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Platform and Gelior Content shall remain with Gelior, its affiliates or licensors of the Gelior Content, as the case may be. All rights not otherwise claimed under this Agreement or by Gelior are hereby reserved.
8.2 Gelior, Gelior.com and related icons and logos are registered trademarks or trademarks or service marks of Gelior in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
8.3 URL’s/Sub-Domain Names assigned by Gelior to its users is the exclusive property of Gelior and it cannot be assumed to be permanent in any case. Gelior reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL’s/Sub domain names. In such case, Gelior will not be liable to any party for any direct, indirect, special or other consequential damages, including, without limitation, any lost profits, business interruption or otherwise.
9.1 All notices or demands to or upon the Platform shall be effective if in writing and shall be duly made when sent to Gelior in the following manner: To Enetix Software Srl, Miercurea Ciuc, Str. Szek nr. 7/A, jud. Harghita, Romania.
9.2 All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge.
9.3 Notice to a User(s) shall be deemed to be received by such User(s) if and when website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible without charge.
10.2 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
10.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
10.5 All calls to Gelior are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Gelior may be monitored and recorded.
11. REFUND & CANCELATION POLICY
11.1 Membership plans can be cancelled at any point in time. Monthly fees are refundable up to the number of unused days in a given subscription period.
12. SHIPPING & DELIVERY POLICY
12.1 Gelior only sells membership plans and for the same confirmation will be sent on member’s registered Email Id.