1. General terms
These Terms applies to all users of Snap-tag-sell, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term "you" in this agreement shall mean the business entity on whose behalf you are using the services, unless the context does not permit.
These Terms are between you and Snaptagsell Ltd. or between you and any different service provider identified for a particular service. For ease of reference, Snaptagsell Ltd. is referred to in these Terms as "Snap-Tag-Sell".
By using the services in any manner, including but not limited to visiting or browsing the services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
Snap-Tag it-Sell reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
2. Use of Snap-Tag-Sell
Subject to your compliance with these Terms, Snap-Tag-Sell grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party's rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of Snap-Tag-Sell.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from Snap-Tag-Sell.
- Violate any applicable laws, rules or regulations in connection with your access or use of Snap-Tag-Sell.
- Use Snap-Tag-Sell in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Snap-Tag-Sell or its affiliates, partners, suppliers or licensors.
- Use Snap-Tag-Sell for any purpose for which it is not designed or intended.
- Use Snap-Tag-Sell to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Snap-Tag-Sell.
- Use any proprietary information or interfaces of Snap-Tag-Sell or any other intellectual property ofSnap-Tag-Sell in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with Snap-Tag-Sell.
- Use Snap-Tag-Sell to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person's privacy, or racially, ethnically or otherwise objectionable.
- Use Snap-Tag-Sell to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through Snap-Tag-Sell any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Snap-Tag-Sell, or any data or content found or access through the Snap-Tag-Sell.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to creating fake or duplicate accounts.
- Authorise or encourage anyone to do any of the foregoing.
Snap-Tag-Sell reserves the right to terminate or suspend your account if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with Snap-Tag-Sell ("Account") in order to use some parts of the Snap-Tag-Sell. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity ("Entity"), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use Snap-Tag-Sell with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
Comply with Snap-Tag-Sell Terms and all applicable laws with respect to your activities and the Content which you upload to Snap-Tag-Sell.
Unless expressly permitted by Snap-Tag-Sell and subject to these Terms and any other additional terms as Snap-Tag-Sell determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
3.1 Snap-Tag-Sell Subscriptions
In addition, you may also purchase subscriptions for access and use of additional features and services via a subscription service as may be made available on the Snap-Tag-Sell or as may be notified to you from time to time.
Any such purchases shall be in accordance with Snap-Tag-Sell's prevailing subscription rules and fees which are as set out below and forms a part of these Terms.
4. Fees and Payments
Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees or fees and charges otherwise in relation to your Account (collectively, the "Snap-Tag-Sell subscription Fee").
You may pay your Snap-Tag-Sell Subscription Fee using a credit card or debit card. You may also pay your Snap-Tag-Sell Subscription fee through any of the methods as may be made available on the Snap-Tag-Sell or as may be notified to you from time to time.
You acknowledge and agree that:
- in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, Snap-Tag-Sell Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
- save as set out in this Clause, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Snap-Tag-Sell, are non-refundable. For the avoidance of doubt, there will be no refunds of any Snap-Tag-Sell Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
- You shall make prompt payment of all Snap-Tag-Sell Subscription Fees, in full before the due date stipulated by Snap-Tag-Sell for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Snap-Tag-Sell, without prejudice to any other rights or remedies available to us, Snap-Tag-Sell shall be entitled to: (i) terminate and/or suspend your Account and/or your access to Snap-Tag-Sell; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Snap-Tag-Sell Subscription Fee and any legal fees and collection costs incurred by Snap-Tag-Sell in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
- in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Snap-Tag-Sell reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
- you are responsible for collecting and paying any taxes associated with using and making sales through Snap-Tag-Sell.
- Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
5. Snap-Tag-Sell is a Virtual Community Market
Snap-Tag-Sell provide a virtual community market for users to interact with each other, and to buy and sell items. Snap-Tag-Sell does not pre-screen a user or the Content provided by a user, nor is Snap-Tag-Sell directly involved in transactions between users. Consequently, Snap-Tag-Sell has no control over, and you agree that Snap-Tag-Sell is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed.
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
You are encouraged to use the features and functions available on Snap-Tag-Sell to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Snap-Tag-Sell endeavours to keep its services safe for everyone, your use of Snap-Tag-Sell and your interactions with other users is entirely at your own risk.
6. Snap-Tag-Sell Properties
You acknowledge and agree that:
you must be a property agent or part of an agency registered with the relevant council for estate agencies in your country to subscribe for a property subscription and only one property subscription account is allowed per person. Please be reminded that every licensed estate agent and registered salesperson (collectively, the "Salespersons") must act in accordance with the provisions of the applicable jurisdictional legislations/regulations governing your affairs as a property agent.
It is important for all estate agencies and Salepersons to be well-versed with the applicable laws of their jurisdiction. It is an offence for any individual to carry out estate agency work without a valid registration or non-compliance to applicable laws.
We reserve the right to amend, suspend and/or terminate all or any part of any property subscription, its terms and conditions, the types of content or services offered on or via the Platforms, the subscription period and rates for such property subscription. Snaptagsell does not represent or warrant that the said additional features and Services will remain available as a feature of the Snaptagsell property subscription.
Snaptagsell does not represent or warrant that any features and Services will remain available as a and/or part of the Snaptagsell property subscription.
You shall be bound by any specific terms governing payment, subscription fees, minimum subscription periods, entitlements to any gift or premium under any promotion, termination fees and delivery fees which are applicable to your Snaptagsell subscription, as set out in our application forms for the relevant subscription packages and payment terms you have selected.
Your application for any Snaptagsell property subscription is subject to our acceptance. Snaptagsell will try to process your Snaptagsell property subscription promptly but does not guarantee that the Snaptagsell property subscription will be available to you by any specified time, even if an estimated time is indicated. The agreement with you for receipt of the Snaptagsell property subscription will come into effect only when you receive a confirmation of your subscription from Snaptagsell.
Unused entitlements, Snaptagsell listing quota from your monthly Snaptagsell property subscription do not carry over to the following billing cycle and will automatically expire after one (1) billing cycle. When your applicable current subscription period ends, you will forfeit all rights to any entitlements, Snaptagsell listing quota.
Snap-Tag-Sell allows users' to create listings and share content, such as photos, videos, comments, data, text, links and other information ("Content").
You understand and agree that you are solely responsible for the Content which you post or share on or through Snap-Tag-Sell and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Snap-Tag-Sell does not pre-screen Content uploaded by users. Snap-Tag-Sell shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on Snap-Tag-Sell. Without limiting the foregoing, Snap-Tag-Sell shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If Snap-Tag-Sell has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
Snap-Tag-Sell may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect Snap-Tag-Sell or users, or to otherwise enforce these Terms.
8. Selling and Buying on Snap-Tag-Sell
In using Snap-Tag-Sell to create a listing and offer an item for sale, and/or offer a service (as the case may be), you agree to comply with the following:
- All items must comply with these Terms and Snap-Tag-Sell's policies, which can be found.
- Our listing policy which is applicable to all posts.
- You must provide a fair, accurate and complete description of each item, including your price for the item.
- Each item, and/or offer of services must have its own listing.
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
- All items, job opening and/or offer of services must be listed in the appropriate category. All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the relevant authority(ies) in the applicable jurisdiction.
- Where a specific attribute (“Specific Attribute”) in your job listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing.
- Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
You acknowledge and agree that Snap-Tag-Sell has no control over any website other than the Snap-Tag-Sell website and shall not in any event be responsible or be held liable for any post which appears on any website other than the Snap-Tag-Sell website which is retrieved by any search engine.
Without prejudice to the rest of these Terms and Snap-Tag-Sell's policies, you warrant, in respect of each item which you offer for sale on Snap-Tag-Sell (as the case may be), that:
- You are the owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
- You may not alter the item or misrepresent the item's location and price.
If you are a user in Malaysia, the following will apply to you:
Any person who operates a business for the purpose of supply of goods or services via our Platforms is required, under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 of Malaysia, to disclose, to the best of their knowledge and belief, the following information:
- The name of the person who operates a business for the purpose of supply of goods or services through Snap-Tag-Sell, or the name of the business, or the name of the company.
- The registration number of the business or company, if applicable.
- The e-mail address and telephone number, or address of the person who operates a business for the purpose of supply of goods or services through Snap-Tag-Sell.
- A description of the main characteristics of the goods or services.
- The full price of the goods or services including transportation costs, taxes and any other costs.
- The method of payment.
- The terms and conditions.
- The estimated time of delivery of the goods or services to the buyer.
Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which Snap-Tag-Sell shall not be liable.
9. Disputes with users
If you are in dispute with a user of Snap-Tag-Sell, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Snap-Tag-Sell, Snap-Tag-Sell will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Snap-Tag-Sell from any claims, demands and damage arising out of your disputes with users of our Services.
11. Intellectual Property
You acknowledge and agree that the service Snap-Tag-Sell offers and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Snap-Tag-Sell. Furthermore, you acknowledge and agree that the source and object code of Snap-Tag-Sell and the format, directories, queries, algorithms, structure and organization of Snap-Tag-Sell are the intellectual property and proprietary and confidential information of Snap-Tag-Sell. You are not granted any intellectual property rights in and to the services not expressly granted in these Terms and such rights are hereby reserved and retained by Snap-Tag-Sell.
Snap-Tag-Sell's services may utilise or include third party software that is subject to open source and third party licence terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by Snap-Tag-Sell to use Snap-Tag-Sell's trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Snap-Tag-Sell, which may be withheld for any or no reason.
12. Reporting Unauthorised Content
Snap-Tag-Sell reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
13. Suspension and Termination
You may deactivate your Account at any time through the "Settings" section of your Account.Snap-Tag-Sell reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
14. No Warranty
You acknowledge and agree that the services are provided on an "as is" and "as available" basis, and that your use of or reliance upon the services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
Snap-Tag-Sell does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Snap-Tag-Sell's servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Snap-Tag-Sell is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Snap-Tag-Sell or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Snap-Tag-Sell has no obligation to support or maintain the Services.
Snap-Tag-Sell disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Snap-Tag-Selll is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Snap-Tag-Sell does not accept any responsibility in connection with your participation in activities conducted by any other party.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL SNAP-TAG-SELL OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SNAP-TAG-SELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SNAP-TAG-SELL'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY SNAP-TAG-SELL IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF POUND STERLING THEN STANDING TO YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless Snap-Tag-Sell, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Snap-Tag-Sell does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Snap-Tag-Sell and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
18. Sub-contracting by Snap-Tag-Sell
Snap-Tag-Sell reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Snap-Tag-Sell deems appropriate.
You and Snap-Tag-Sell are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Snap-Tag-Sell to exercise a right or require performance of an obligation in these Terms shall not affect Snap-Tag-Sell's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Snap-Tag-Sell and supersedes all prior or contemporaneous understandings and/or agreements between you and Snap-Tag-Sell.
20. Governing Law and Jurisdiction
You hereby agree that the laws of United Kingdom shall govern these Terms and that the courts of the United Kingdom shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.