TZ-GEMS LIVE GEMSTONE AUCTIONS


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	29 Sep. 2007
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	29 Sep. 2007
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Terms and Conditions

	TERMS AND CONDITIONS: Welcome to “TZ-GEMS” online GEMSTONE AND JEWELRY Trading community. These terms and conditions are intended to assist keep “TZ-GEMS ONLINE AUCTIONS” a safe place for you to trade. 1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which “TZ-GEMS” offers you access to the Services and the Website. By registering as a member of “TZ-GEMS” you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services. 1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by “TZ-GEMS” from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. ?These terms and conditions were last updated 26 SEPETEMBER 2007. 1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out: ?'item', 'items' means goods or property that may be bought or sold through the auction or classified process; 'member' means a registered member of “TZ-GEMS”; 'Services' means any one or more of the services offered by “TZ-GEMS” from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that “TZ-GEMS” may offer; 'we', 'us' and 'our' are a reference to “TZ-GEMS”; 'you' and 'your' are a reference to you; ?'Website' means any “TZ-GEMS” website through which the services are offered; 'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified; 'seller' includes any person placing a listing. SPECIFIC WARNINGS 2.1 The services: “TZ-GEMS” provides a venue to introduce members who want to buy and sell items. “TZ-GEMS” does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the services are being referred to as an auction, “TZ-GEMS” is not an auctioneer. 2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that “TZ-GEMS” takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. “TZ-GEMS” gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including: ? about ownership of any item;? as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;? as to the accuracy or truth of listings; that any item will meet your requirements or expectations; or about the ability of members to complete a transaction, including credit card transactions. 2.3 Disclaimer: You expressly understand and agree that: your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, “TZ-GEMS” disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; ? “TZ-GEMS” does not warrant that (i) the services provided will be uninterrupted, timely, secure, or error free, or (ii) that any information (including feedback) provided on the Website is error-free or reliable; no advice or information that is obtained by you from “TZ-GEMS”or anyone else shall create any warranty by “TZ-GEMS” that is not expressly stated in the terms and conditions; and responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute “TZ-GEMS” recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. while “TZ-GEMS” may facilitate payment for some items by credit card, “TZ-GEMS” is in no way involved in the transaction itself, and responsibility for any refund rests with the seller. while “TZ-GEMS” has systems in place to reduce the risk of credit card fraud, “TZ-GEMS” is not responsible for protecting members from credit card fraud. “TZ-GEMS” fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means. 2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of “TZ-GEMS” to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. “TZ-GEMS” liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of “TZ-GEMS” message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services. 2.6 Breach: Without limiting any other rights and remedies available to “TZ-GEMS”, “TZ-GEMS” may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where “TZ-GEMS” considers it appropriate. 2.7 Additional rules: In addition to the terms and conditions set out in this document there may be additional rules put in place at anytime. BECOMING A MEMBER 3.1 Becoming a Member: Becoming a member is free and you can join from any country in the world. You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 19 years old. By registering as a member, you warrant that you can form a legally binding contract. 3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by “TZ-GEMS” to ensure it is kept current at all times. “TZ-GEMS” may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at “TZ-GEMS” discretion, you may create a business membership in addition to your personal membership. 3.3 Termination of membership: “TZ-GEMS” reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, “TZ-GEMS” may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. 3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: not to permit any other person to use your user name or membership; and not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership. 3.5 Emails and newsletters: “TZ-GEMS” will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other “TZ-GEMS” products and services to you. “TZ-GEMS” may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list. GENERAL RULES 4.1 General All listings, bids or communications made through “TZ-GEMS” shall be made in good faith. . You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. . You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose. . You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the “TZ-GEMS” message boards. . Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details. . You must list auctions and classifieds in UNITED STATES DOLLARS. Any tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). . You must not complete a transaction outside of the “TZ-GEMS” process or otherwise seek to avoid “TZ-GEMS” success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in “TZ-GEMS” suspending or terminating your membership at the discretion of “TZ-GEMS”. . You must not use the Services or the Website to promote items for sale outside the Services. . You are responsible for any actions taken through your membership. “TZ-GEMS” memberships are not transferable and therefore can not be sold, leased, lent or traded. 4.2 Your obligations as a seller 0. Sellers can be located Worlwide. Due to the high scam rates we do not permit sellers from some African countries and some Asian countries. If you are operating in one of these countries YOU WILL NEED TO BE VERIFIED, AND PROVIDE BUSINESS REFERENCES BEFORE WE WILL ALLOW YOU TO SELL ON THIS SITE. 0. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. 0. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services. 0. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in your country in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law, local or international. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that “TZ-GEMS” may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time. 0. To protect your images, we may watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings. 0. When you list an item for auction on “TZ-GEMS”, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason. 0. “TZ-GEMS” classifieds may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job. 0. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use “TZ-GEMS” listings to promote a business or website other than one for sale in your listing. 0. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes. 0. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction. 0. For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. 0. For classifieds, you may choose to sell to any buyer at your discretion. 0. You are not permitted to list adult rated content (videos, magazines, DVD's, etc) in any category. Listings are not pre-screened for content. “TZ-GEMS” reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. ? 0. You agree to your email address being supplied to the buyer when your auction closes. 0. You must promptly forward the listed item to the successful buyer on completion of the transaction. 0. You must not charge unreasonable amounts for shipping and packaging costs. 4.3 Your obligations as a buyer You can be located anywhere in the world to buy on “TZ-GEMS”. Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable noting the location of the seller and asking postage prices via the ask the seller a question box. If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. You must make full and prompt payment for any item you buy. You agree to your username and the amount of your bid being publicly shown on the “TZ-GEMS” Website. You also agree to your email address being supplied to the seller when you win an auction. If your bid is successful and you do not pay for the item, you will receive a warning from “TZ-GEMS” if the seller complains about you. After 3 such complaints, “TZ-GEMS” may suspend or terminate your membership. You may not bid on an auction that has been listed by a family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction. If you use the PayNow facility to pay by credit card, you agree to: attempt to resolve the issue with the Seller first, and to inform “TZ-GEMS” and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank. pay for the return of goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged. 4.4 Feedback . Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. “TZ-GEMS” reserves the sole right to determine what is considered offensive, defamatory or inappropriate language. . You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction. . You must not post feedback about yourself or include any contact details or personal information in your feedback. . Feedback is provided for the sole purpose of facilitating trading between members on the “TZ-GEMS” Website. You must not market or export any feedback to any venue other than the “TZ-GEMS” Website. Linking to your “TZ-GEMS” feedback from other buying and selling websites will be considered a breach of our terms and conditions. FEES AND ACCOUNTS 5.1 “TZ-GEMS” Listing Fees and Success Fees . “TZ-GEMS” charges some fees for the use of the Website as a venue. Basic listings are free. . “TZ-GEMS” current fees are listed on our fees page in your members section. . Any non-commission listing fees are charged at the time of listing and are not refundable. Cash refunds will not be issued. Credits on accounts with “TZ-GEMS” are not transferable between members. . “TZ-GEMS” reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. . Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to “TZ-GEMS” account balances. . Before listing an item, you should review “TZ-GEMS” fees to ensure you are aware of the fees that you will incur. . You must pay the fees immediately upon demand by “TZ-GEMS” as fees are charged in “LIVE PAYMENT MODE”. 5.2 “TZ-GEMS” Accounts: 1. “TZ-GEMS” maintains credit accounts for each member and from which members must pay fees including payment of advance listing options. “TZ-GEMS” accounts may not be used for the payment of items sold using the Services. When Joining you are given a $10 account balance credit free. To access extra listing features after this is used you will need to credit your account with us with further funds. REMEMBER BASIC LISTINGS ARE FREE!, so if you do not use any extra features then your account credit will not drop. 2. Any payment to your “TZ-GEMS” account of an amount less than $10 incurs a $2 handling fee that is payable to “TZ-GEMS”. 3. You must settle any negative account balance immediately when requested to do so. “TZ-GEMS” reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that “TZ-GEMS” incurs when collecting that debt. 4. If your membership is terminated “TZ-GEMS” will refund the balance of your credit account, less a $10 manual processing fee that is payable to “TZ-GEMS”. Consequently, no refund will be made if the account balance is below $10. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of “TZ-GEMS” credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. 5. If you have not logged on to the Website for a period of 12 months (one year), any unused balance on your account is forfeited to “TZ-GEMS” and your membership will be suspended. GENERAL PROVISIONS 6.1 System Integrity: “TZ-GEMS” will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, “TZ-GEMS” takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, “TZ-GEMS” assumes no responsibility for the corruption of any data or information held by “TZ-GEMS”. 6.2 Resolution of disputes: As “TZ-GEMS” is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, “TZ-GEMS” in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 (2). 6.3 “TZ-GEMS” Message Boards: “TZ-GEMS” provides Message Boards for the use of “TZ-GEMS” members. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. “TZ-GEMS” is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements. 6.4 Force Majeure: Without prejudice to clause 2.3(a), “TZ-GEMS” has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of “TZ-GEMS” to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of “TZ-GEMS”. 6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 6.7 Governing Law: These terms and conditions are governed by the laws of TANZANIA. You submit to the non-exclusive jurisdiction of the Courts of TANZANIA. 6.8 Intellectual Property Rights: “TZ-GEMS” (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. . You may not without our prior written permission, in any form or by any means: . Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or . Commercialise, copy, or on-sell any information, or items obtained from any part of this Website. 6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. 6.10 Privacy: “TZ-GEMS” collects personal information about you through your use of the Services and the Website, including: . your registration details; . and . information relating to your use of the Website and the content you access. You agree that “TZ-GEMS” may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other “TZ-GEMS” products and Services to you, and for any other use that you authorise. 0. You agree to your membership's trading history being published in your feedback. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of “TZ-GEMS”, our users, or others.
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