eSyll User Agreement

THE FOLLOWING SETS OUT THE TERMS ON WHICH eSyll ("eSyll") OFFERS YOU ACCESS TO THE eSyll.com ("SITE") AND ITS SERVICES. BY TICKING THE "I have read and agree to eSyll's User Agreement" CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

Before proceeding to use our services, you should read the User Agreement carefully. If you find yourself unable to agree to them, then you must not use our web site. If, however, you agree to them unconditionally you will be given the opportunity to click the "I accept" checkbox during the registration process, and you will then be able to use our web site to which this User Agreement applies.

This Agreement may be amended by eSyll at any time by posting the amended terms on this Site. The amended terms shall automatically be effective 8 days after they are initially posted on this Site. As such, you should periodically check to see what amendments have been made to this Agreement. Your continued use of this Site or the services provided on this Site following the posting of any amendments will mean that you accept these amendments. This agreement was last updated on 15th March, 2005.

1. Formation of Contract
1.1 In order that a legally binding contract can be formed between eSyll and a member, the member is required to accept this User Agreement unconditionally by clicking the "I have read and accept eSyll's User Agreement" checkbox during the registration process.
1.2 eSyll in their absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice.
1.3 This User Agreement shall override any contrary terms or conditions published by eSyll or appearing on this web site pertaining to members.
1.4 In consideration of eSyll agreeing to the member's use of the site, the member agrees to comply with this User Agreement.

2. Services
2.1 Availability
Any person wishing to use the Services as a Seller, Bidder or Buyer must first register as a member. Registration is free.
2.2 Registration of Membership
A User becomes a member by supplying all the requisite information to eSyll and the member is required to accept this User Agreement unconditionally by clicking the "I have read and accept eSyll's User Agreement" checkbox during the registration process.

3. Eligibility for Membership
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 older than or at 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Further, your eSyll account, User ID, Password, Scores, Rating & Comments, may not be transferred or sold to another party.

4. Fees
4.1 Joining and bidding on items at eSyll are free. A Sale fee is charged after an Item sells. A non-refundable listing fee is charged at the time of listing an Item that incurs a listing fee. Listing fees are paid in full before the listing starts. Credits on accounts with eSyll are not transferable between members. Transfers between accounts belonging to a particular member will incur a fee of $2.
4.2 eSyll 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.
4.3 Before listing an item, you should review eSyll's fees to ensure you are aware of the fees that you will incur.

5. Functions of eSyll
5.1 eSyll is a venue for members to offer, sell or buy Items.
eSyll is not an auctioneer. eSyll is only providing a venue for members to offer Items for sale, or buy items.
5.2 No warranty for goods offered.
eSyll expressly declares that it has not seen or examined the Item and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. eSyll will not accept or assume any liability whatsoever in respect of the Item.
5.3 No warranty of completion of sale.
eSyll does not warrant that any Seller or Buyer will complete the sale or purchase of the Item herein. All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretense or persons having no contracting capacities.
5.4 No warranty of identity of persons.
eSyll cannot and does not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or competent authority or source for the purpose of evaluating the person with whom you are dealing. eSyll takes no responsibility for any action or omission of any User.
5.5 No warranty as to accuracy of information.
eSyll does not control the information provided by other Users which is made available through this Site. eSyll therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.
5.6 Release of eSyll.
In case of any dispute between Users or any dispute arising from the use of the Services, eSyll shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5.7 Costs of eSyll
If eSyll is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by eSyll in connection with the provision of such service, including eSyll' costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).

6. Provisions relating to Auction and BuyNow
6.1 Your obligations as a Buyer
(a) If you, as a Bidder, have made the highest bid at the end of an auction, or as a Buyer, issues a purchase order with fixed price (BuyNow), you are obligated to complete the transaction with the Seller unless you cannot authenticate the Seller's identity.
(b) The Buyer shall contact the Seller as soon as the end of the auction or selling with a view to making arrangements for the completion of the transaction.
(c) The Buyer shall enter the Checkout and provide their postal address, selected payment method, insurance required (if offered) and send details to the Seller.
(d) Pay the Total Due once the Total Due is confirmed by the Seller.
(e) Leave a Rating & Comment to the Seller after you receive the item.
6.2 Your obligations as a Seller
(a) If you receive one or more bids or receive a BuyNow order, you are obligated to complete the transaction with the Buyer unless:-
i. you cannot authenticate Buyer's identity;
ii. the Buyer fails to meet the terms of payment as stipulated by you in your listing.
(b) Confirm the Total Due and send the buyer an "Invoice".
6.3 Forbidden biddings
6.3.1 If you choose to bid on any Item which is offered to adults only, you are certifying that you have the legal right to purchase the Item intended for adults only.
6.3.2 You shall not manipulate the price of the Item by using a secondary account, an alias or third party to bid for the Item.
6.4 Return and exchange policies
The Item sold may or may not be returned depending on your agreement with the Seller. All requests for return of the Item shall be made directly to the Seller concerned and eSyll shall not be responsible for processing such requests.
6.5 Method of delivery and payment
The method of delivery is based on the arrangements set by the Sellers. Item may be collected by the Buyers or be delivered to Buyers by using the US Post, courier or by other methods specified by the Sellers. Please refer to the Description and Postage Instructions of the Item. The method of payment is based on the mutual agreement between the Seller and the Buyer and depending on the method of delivery.

7. Provisions relating to Sellers
7.1 Forbidden Dealings
7.1.1 In respect of an auction, you shall not :-
(a) E-mail or contact by any other means the Bidder in an open auction being run by a different Seller, offering similar or the same Items at any price level (bid siphoning);
(b) manipulate the price of the Item offered by you, either by using a secondary account, an alias or third party or by self-bidding.
7.1.2 You shall not offer for sale any Item:-
(a) which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances;
(b) which is within eSyll's Prohibited Item List or which is in contravention of any law or regulations governing the sale of the same;
(c) the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise;
(d) which contains defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise;
(e) which is obscene or contains child pornography;
7.1.3 By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to eSyll and all Buyers that :-
(a) you do not and will not engage in the forbidden dealings set out in Clause 7.1 above;
(b) the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography and, if it contains any Adults Only material or element or is otherwise harmful to minors, it shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (4) contain any hyperlinks unless permitted by eSyll;
(c) the Items offered by you are not within the Prohibited Item List;
(d) you will not list or offer or sell any Item which, by paying to eSyll any Fees, could cause eSyll to violate any applicable law, statute, ordinance or regulation.
7.1.4 You must not link directly or indirectly to or include descriptions of goods or services that:
(a) are prohibited under this Agreement;
(b) are concurrently listed for sale on a web site other than eSyll's (this does not prevent linking to or advertising an eSyll item from another web site).
(c) are identical to other items you have up for auction/BuyNow on eSyll but are priced lower than your item's minimum bid amount or BuyNow price.
(c) you do not have a right to link to or include.

8. Ratings & Comments, Messages and Forum Boards
8.1 Ratings & Comments, Messages and Forum Boards
8.1.1 eSyll will provide a channel on this Site for the Users of this Site to leave a Rating & Comment on the trade conduct of any Seller, Bidder or Buyer with whom he has had dealings.
8.1.2 eSyll also provides a communication channel which enables Users to send messages to other Users through eSyll, as well as areas which allow Users to exchange comments or chat with other Users or upload and download materials.
8.2 Use of Ratings & Comments, Message and Forum Boards
(a) You shall use the Ratings & Comments channel for leaving genuine and bona fide comments on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings. No User shall take any actions which may undermine the integrity of the Ratings & Comments system, such as: leaving Ratings & Comments for himself using secondary User ID's or third parties; leaving Ratings & Comments for other Users using secondary accounts or third parties (Ratings & Comments bombing); or leaving Ratings & Comments if a User fails to perform some action that is outside the scope of the auction or shopping (Ratings & Comments extortion).
(b) When using the Ratings & Comments or communication channel or forum boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through eSyll, any materials that (i) interfere with anyone else's use of this Site; (ii) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other use; (vi) contain a virus or other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
8.3 eSyll Disclaimer in respect of Ratings & Comments, Message, Forum and other Users supplied materials
eSyll does not and is under no obligation to monitor or review the Ratings & Comments and communication channel, forum boards, discussions, postings, transmissions and the messages posted or sent through or on this Site and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against eSyll for defamation, libel or whatsoever arising out of any such communication. eSyll may reject or remove any User's material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request the User to make suitable amendments in order to comply with the terms herein, and eSyll reserves all the right to claim damages and /or apply for other legal remedies in relation thereto.

9. Rights of eSyll
9.1 Right to suspend or terminate the account of a User without any compensation if such User shall be found to have :-
(a) breached the User Agreement set out in this agreement, or
(b) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site
9.2 Rights as regards materials supplied by a User
eSyll shall have the absolute and unfettered right to reject or remove any information or materials supplied by a User without notice or compensation to the User. Without derogating from this right, eSyll shall have the right to reject or remove any information or materials supplied if eSyll shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause eSyll to incur any liability to third parties or would cause eSyll to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.
9.3 Right to withdraw Item
eSyll shall have the absolute and unfettered right to withdraw any Item without notice or compensation to a Seller. Without derogating from this right, eSyll shall have the right to withdraw an Item if :-
(a) the Item is within eSyll's Prohibited Items List, which can be inspected. The Prohibited Items List may be updated by eSyll from time to time;
(b) the Seller is found to have breached the User Agreement set out in this agreement or the account of the Seller is suspended by eSyll pursuant to the terms of this agreement;
(c) if eSyll is unable for any reason whatsoever to verify or authenticate any information provided by the Seller.
(d) the Item is in breach of eSyll's Listing Policy, which can be inspected. The Listing Policy may be updated by eSyll from time to time.

10. No Warranties
10.1 This Site is provided by eSyll on an "as-is" basis and the only obligations on eSyll are set out in this Agreement. eSyll gives no warranty or condition, express or implied other than those expressly set out herein. eSyll does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its server are free of viruses or other harmful components. eSyll does not warrant or make any representations regarding the use or the results of the use of this Site. eSyll specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.
10.2 The payment gateway and the ancillary payment processing facilities are provided to the Users for convenience only and eSyll gives no warranty, expressed or implied, in connection with such facilities. eSyll will in no event be liable for any loss, damages, costs or expenses suffered or incurred by the Users arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting credit card account of the Users as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

11. Privacy
eSyll has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of eSyll.

12. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

13. Miscellaneous
13.1 System Integrity
No User shall :-
(a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any auction being conducted on this Site;
(b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site;
(c) disclose or share his/her password to any third parties or use his/her password for any unauthorized purpose.
13.2 General Compliance with Laws
All Users shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any bidding on, listing, purchase and sale of the Item herein.
13.3 No Agency
Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between eSyll and any Seller, Bidder or Buyer or other Users of this Site or the Services.
13.4 Notices
Except as explicitly stated otherwise, any notices shall be given by way of E-mail, and in respect of the User, notices shall be deemed given if sent to the E-mail address provided by the User to eSyll during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, eSyll may give notice to the User by pre-paid ordinary post to the address provided to eSyll during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
13.5 Severability
Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.

14. General
14.1 This Agreement is subject to the laws of the State of New-York.
14.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these User Agreement and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. eSyll's 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.
14.3 Please do not assume that you are allowed to do what other members do. eSyll.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
14.4 eSyll does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on eSyll. Please do not assume that such items offered will be harmless to people or property.