Terms and conditions
Terms and Conditions
The following describes the terms on which qbaystore offers you access to our services.
Introduction
Welcome to qbaystore. By using qbaystore (including https://qbaystore.webnode.com and its related sites, services and tools), you agree to the following terms, including those available by hyperlink, with qbaystore International AG, and the general principles for the websites of our subsidiaries and international affiliates.
Scope
Before you may become a member of qbaystore, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the qbaystore Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use qbaystore sites and services, or when you use the tools we make available to interact with qbaystore sites and services. If you use another qbaystore site, you agree to accept the User Agreement and Privacy Policy applicable to that site. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of each website.Some qbaystore sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
Using qbaystore
While using qbaystore, services and tools,you will not:
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post content or items in an inappropriate category or areas on our sites or services;
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violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
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use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
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fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
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fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
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manipulate the price of any item or interfere with other user's listings;
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circumvent or manipulate our fee structure, the billing process, or fees owed to Gbay;
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post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
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take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to qbaystore);
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transfer your qbaystore account (including feedback) and User ID to another party without our consent;
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distribute or post spam, chain letters, or pyramid schemes;
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distribute viruses or any other technologies that may harm qbaystore, or the interests or property of qbaystore users;
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copy, modify, or distribute content from the sites and qbaystore copyrights and trademarks; or
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harvest or otherwise collect information about users, including email addresses, without their consent; or
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use existing qbaystore accounts or create new Gbay accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences.
Abusing qbaystore
qbaystore's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-qbaystore transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Buyer Protection
If you list your items for sale internationally and/or otherwise offer to make your products available to buyers in other countries, you will be subject to the User Agreement and other policies that are applicable to the qbaystore sites on which you list or where your items appear. Specifically, the qbaystore Buyer Protection Policy of the site
We require sellers to comply with our resolution process under the applicable qbaystore Buyer Protection Policy.Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with qbaystore under the applicable qbaystore Buyer Protection Policy if the buyer and seller do not reach resolution, and the seller does not provide information requested by qbaystore. If we resolve a dispute in the buyer’s favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping as described in the applicable qbaystore Buyer Protection Policy, and we will require the seller to reimburse qbaystore for the amount due to buyer. In addition,
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Sellers must have a reimbursement method on file with qbaystore.
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For transactions paid with PayPal, sellers agree to allow us to remove funds from their PayPal accounts to reimburse buyers. Sellers may change this reimbursement method by contacting qbaystore. qbaystore however reserves the right to continue using seller’s previous reimbursement method for qbaystore Buyer Protection cases associated with Gbay transactions paid for before such change becoming effective.
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When there are insufficient funds in PayPal accounts, transactions are not paid with PayPal, or when PayPal is not the reimbursement method of a seller, we will require another reimbursement method.
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Sellers agree to allow us to charge the payment method they designate for amounts due to buyers.
Changing a reimbursement method will not affect qbaystore's use of a payment method on file for other purposes (such as payment of your qbaystore fees). If sellers do not provide Gbay with a valid reimbursement method, qbaystore may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
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Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous qbaystore Buyer Protection refund or reimbursement.
Holds
To protect against the risk of liability, payments that sellers receive from Gbay transactions through PayPal may be subject to holds. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.Fees and Services
Joining qbaystore and bidding on listed items is free. We do charge fees for using other services, such as listing items or when you use other services or tools that may be provided by qbaystore. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule or as specified on other qbaystore sites, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the qbaystore site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in Malaysian Ringgit. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and may at any time and at our sole discretion, limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content for any sums due from you to qbaystore. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
If you reside in India and have opted to receive your invoice in a currency other than Indian Rupees, you will receive all invoices from qbaystore India Private Limited in the currency as selected by you. You shall make payment of these invoices in the name of qbaystore International AG, a company incorporated under Swiss laws and having its principal place of business at Helvetiastrasse 15/17, CH-3005 Bern, Switzerland. Your payment to eBay International AG should be in a currency other than Indian Rupees and should be from a bank account other than an Indian bank account or from a credit card other than those issued by Indian banks. You shall be solely responsible for compliance of all applicable laws including those in India for making payment to eBay International AG. Your payment to qbaystore International AG made in full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards qbaystore India Private Limited regarding payment under these invoices.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including qbaystore users). You may use catalog content solely in connection with your qbaystore listings during the time your listings are on qbaystore’s sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. You agree that you will not hold our catalog content providers or us responsible for inaccuracies in their catalogs. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information, and comply with this User Agreement and all qbaystore policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of section 19 of the Sale of Goods Act 1957, under which legal ownership of an item is transferred when the parties (i.e., seller and buyer) intend to transfer such legal ownership. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) RM 230.
Release
Access and Interference
Our sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Gbay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
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take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
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copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Gbay and the appropriate third party, as applicable;
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interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
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bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the qbaystore Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the qbaystore Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No AgencyNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and qbaystore, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of Malaysia without regard to conflict of law provisions. You agree that any claim or dispute you may have against qbaystore must be resolved by a court located in Malaysia, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the jurisdiction of the courts located within Malaysia for the purpose of litigating all such claims or disputes.
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Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than RM 23,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against qbaystore must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, qbaystore may recover attorneys' fees and costs up to RM 2,300, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the qbaystore Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Buyer Protection, Content License, Liability, Indemnity and Resolution of Disputes.
