Service Agreement – OmniCoin.com

Please note that in this Agreement "we"/"us"/"our" denotes OmniCoin.com and "you"/"your" denotes you.

1. NATURE OF SERVICE 

  1. The Service is an online venue within which Users can display their coin collections and contact other Users through the Service. You accept full responsibility for your use of and conduct on this Service which must at all times be in accordance with the provisions of this Agreement.

2. PARTICIPATION IN THE SERVICE 

  1. To use the Service, you must first register with us, and agree the terms and conditions laid out in this document.

  2. Because participation in the Service involves the assumption of legal rights and obligations, you must be 18 years of age or older in order to participate. By clicking on the "I Accept" button, you represent to us and to other Users that you are 18 years of age or older. Sellers should note that transactions with persons aged under 18 years are most likely to be unenforceable.

  3. Users outside the Canada may participate in the Service solely at their own risk. Non-Canadian residents should be aware that the laws and regulations in their country of residence may differ from those in Canada and it is their responsibility to ensure they understand how these laws may operate in any particular transaction involving the Service. If you are unsure as to any provision of the law of the country where you reside or how it may impact your rights and obligations under this Agreement, you must either seek local law advice or not participate in the Service.

  4. The currency in which all prices must be denominated through the Service is US dollars.

  5. We reserve the right to decline any application to register for participation in the Service in our sole discretion. 

3.  OmniCoin.com ROLE IN THE SERVICE 

  1. We have no involvement in any transaction between buyers and sellers. Our role is that of facilitator. We provide Users with the opportunity to participate in the Service. Our obligations to you are limited to those described in Clause 4 of this Agreement.

2. In particular, without limitation, you should be aware that, unless specifically notified on the listing details, we

1. are not the owner of the items being sold; 

2. do not have authority to act for any User and are not an agent for any User; 

3. do not have any involvement in the conduct or completion of your transaction; 

4. do not get involved if there is a dispute between Users - it is the buyer's and the seller's responsibility to sort out the deal that they make between themselves; and 

5. have no control over and do not screen, monitor or assess the quality, safety, or legality of items advertised; the truth or accuracy of the listings and of any descriptions or photographs used; the ability of sellers to sell items they list and their ownership of those items; or the ability of buyers to buy items they bid on. 

4. OmniCoin.com OBLIGATIONS TO USERS 

  1. Subject to your compliance at all times with the provisions of this Agreement, we will provide you with access to the Service on the terms of this Agreement.

  2. We will respect the privacy of your data which you supply to us in the Registration Form, except as required by law. We will respect privacy of your data in accordance with our privacy policy. We will comply with applicable data protection legislation in respect of it. You agree to keep your data accurate and up to date and promptly to send us any new or revised personal data. We will not share any of your user information with other parties.

  3. You agree that we may disclose your personal data to criminal investigatory, regulatory or rightholder-representing organizations, such as the police, trading standards officers or collecting societies, without notice to you and without incurring any obligation or liability to you. You further agree that we may use your personal data in the ways advised in our Privacy Policy and the Registration Form. 

5. USERS' OBLIGATIONS TO OmniCoin.com

  1. You will comply with the provisions of this Agreement and act lawfully and honestly at all times in order to be able to continue to participate in the Service.

  2. You warrant and undertake to us that all of the details you supply in your Registration Form are true and accurate. Without limitation, you warrant and undertake that any photographs of any item for sale depicts the item accurately and that you have the right to include any such photograph in the Service such that its inclusion does not infringe any third party rights.

  3. You agree to not link from the service to any other website without our prior agreement. If we agree to allow you to include a link from the Service to your personal website or any other website, you warrant and undertake to us that the website being linked to does not contain any material which infringes any third party intellectual property or other rights, is defamatory, offensive or obscene or otherwise in breach of any provision of this Agreement, or is a competitor to this Service. We reserve the right, in our sole discretion, to remove any link which we consider breaches the provisions of this Clause, without incurring any obligation or liability to you or any third party.

  4. You agree not to interfere with, disrupt or jeopardize the Service whether, without limitation, by uploading unreasonably or disproportionately large loads to our system; introducing any viruses, trojan horses, worms or similar devices into the Service; or intercepting or expropriating any system, data or personal information comprised in the Service.

  5. You are solely responsible for actions taken under your password and for keeping it confidential, and should not disclose it to or share it with anyone else. You cannot use your password for any unauthorized purpose, for example, by permitting a third party to list or sell items under it.

  6. You agree to comply with all applicable laws, statutes and regulations concerning your participation in the Service whether as a bidder, buyer, person who lists items or a seller.

  7. You agree to indemnify us for any liability to taxation, duty, impost, contribution, charge or levy in the nature of taxation (including all penalties, charges, costs and interest relating to any of them), past, present or future, whether imposed by any authority in Canada or in any other country, state or territory in the world, which we suffer as a consequence of any agreement between you and any other person (excluding us) arising from your use of the Service.

6. USERS' OBLIGATIONS TO EACH OTHER 

  1. Where you are using the Service in the capacity of a buyer, then: you warrant and undertake that you have the legal right to buy or offer to buy any item for which you bid.

2. Where you are using the Service in the capacity of listing items for sale or seller, then:

  1. You warrant and undertake that you have the legal right to sell or buy or offer to sell that item and that the items for sale are not subject to any third party rights, liabilities or encumbrances; 

   2. You agree to list your items in the right category and to describe accurately and truthfully the item or items you are selling; 

   3. You may not link in your listings to, or include advertisements for, goods or other matters (a) that describe items that you are not selling in the Service;(b) that you do not have the right to link to or include; . 

7. COMMUNICATIONS IN THE SERVICE 

  As you know, there are risks in dealing with people you do not know and we have no control over such risks. You should always act with care in your communications with other Users. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. 

8. LIABILITY AND RELEASE 

  1. Nothing in this Agreement shall exclude or limit our liability in respect of death or personal injury arising from our negligence.

  2. Subject to Clause 9.3, any liability of ours in contract, tort, negligence, pre-contract or other representations (except for fraudulent representations) or otherwise arising out of or in any way connected with the Service, including any suspension or discontinuance of the Service or any User's participation in it shall be limited to the amount of the Listing Fees paid in the 6 months preceding the event giving rise to any liability.

  3. We exclude all liability for indirect, incidental or consequential loss or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to us. 

9. DISCLAIMER OF WARRANTIES 

  1. You agree that your use of the Service is at your sole risk.

  2. To the fullest extent permitted by applicable laws, we exclude all and any warranties and conditions of any kind, whether express or implied, including without limitation the warranties of satisfactory quality, fitness for a particular purpose in respect of the Service and any goods or data obtained or downloaded from it.

  3. We make no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error free or will operate as contemplated in this Agreement, nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained from the Service nor that defects, if any, in the Service will be corrected.

  4. You acknowledge and agree that if you download or obtain any material and/or data from the Service or any goods or services through the Service you do so at your own discretion and risk.

  5. No advice or information, whether oral or written, obtained by you from us through or from the Service (unless fraudulent) shall create any warranty not expressly stated in this Agreement.

10. INTELLECTUAL PROPERTY RIGHTS 

  You acknowledge and agree that all copyrights (including rights in software), trade marks, database rights and other intellectual property rights in and relating to the Service are owned by OmniCoin.com.

11. INDEMNITY 

  You agree to indemnify and hold us harmless in respect of all liabilities, loss, claims and expenses that may arise from (a) any breach of this Agreement by you or through parties using your User Account, and (b) any transaction in which you have participated or intended to participate in using the Service including, without limitation, any claim against us by a third party User that you have not honored your commitments in respect of any particular sale or delivery.

12. AMENDMENT OF THIS AGREEMENT 

  We reserve the right to amend the provisions of this Agreement at any time. If we do amend this Agreement, we shall display a notice on the Service home page for a period of 30 days prior to the amendment going into effect, informing Users of the amendment and the date on which it is to come into force. Any amendment we make shall not affect any auction that is in progress and the terms and conditions in force at the time such auction is commenced shall continue to apply until it is concluded. Your continued use of the Service after any amendments to the provisions of this Agreement shall be deemed to be your binding acceptance of such amendments.

13. MISCELLANEOUS PROVISIONS 

  1. By clicking "I Accept" you grant to us a right to display and store on our servers your digital images and descriptions in your listings. You will retain the rights to all images, textual descriptions and commentary.

  2. You agree not to resell or assign your rights or obligations under these terms and conditions. You also agree not to make any unauthorized commercial use of the Service. We reserve the right to assign or sub-contract any or all of our rights and obligations under this Agreement.

  3. You agree not to make use of anyone else's personal details other than as necessary to participate in the Service.

  4. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between us and any User by reason of this Agreement.

  5. Any notice to you or to us shall be made by either email or regular mail.

  6. This Agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. The parties unconditionally waive any rights to rescind, repudiate or claim damages against the other on the basis of any statement or representation made by or on behalf of the other (whether made carelessly or not) not set out or referred to in this agreement unless such statement was made or given fraudulently.

  7. Any failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

  8. The headings and section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

  9. We shall not be deemed to be in breach of this Agreement or otherwise liable for any delay in performance or any failure to perform of any obligations under this Agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure is due to circumstances beyond our reasonable control. 

14. GOVERNING LAW AND JURISDICTION 

  Each transaction carried out under the Service shall be deemed to have been carried out in Canada . This Agreement and each translation carried out under the Service shall be governed by the laws of Canada and the parties submit to the exclusive jurisdiction of the courts of Canada .

15. NEWSLETTER 

  We will send out at regular intervals a newsletter to provide details on important site information, new features, special offers and promotions. All registered users will receive this newsletter unless they have identified in the Data Collection Notice that they do not wish to receive it, or have unsubscribed.