The following describes the terms on which CHETA offers you access to our services.
This Agreement is effective on August 1, 2012, for current users, and upon acceptance for new users. The previous amendment to this User Agreement was effective for all users on July 1, 2012.
Scope and Acceptance of the Terms
- If you use another CHETA site, you agree to accept the Terms applicable to that site. Some CHETA sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
- You may not use the Services and may not accept the Terms if
3.1 you are not of legal age to form a binding contract with CHETA, or
3.2 you are not permitted to receive any Services under the laws of countries / regions including the country / region in which you are resident or from which you use the Services.
- You agree and acknowledge that CHETA may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
- You may be required to enter into another or separate agreement, whether online or offline, with CHETA or our affiliate for any Service (“Additional Agreements”). If there is any conflict or contradiction between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- If CHETA has posted or provided a translation of the Terms English language version, you agree that the translation is provided for convenience only and that the English language version shall prevail.
- The Terms may not otherwise be modified except in writing by CHETA's authorized personnel.
Using CHETA Generally
While using CHETA sites, services and tools, you shall not:
- Use the sites and services for purposes other than for business purposes.
- Copy, download, re-publish, replicate, sell, distribute, harvest or resell any Services or any information, tools, text, images, graphics, files etc available on or through the Sites (the “Site Content”);
- Copy, modify or distribute rights or CHETA's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
- Fail to deliver products bought from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools;
- Post content or products in an improper category or areas on our sites and services;
- Post any link directly or indirectly to any other web Sites.
- Violate any applicable laws and regulations, third party rights or our Terms and policies (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- Interfere with other members' listings or manipulate any product price;
- Fail to pay for items bought by you, otherwise a clear typographical mistake is made, the seller has significantly changed the product's description after you bid, or you cannot authenticate the identity of the seller.
- Use our sites, services or tools if you are under the age of 18, are not able to form legally binding contracts, don't have all the rights and power to accept the Site's Terms and rules, or are indefinitely or temporarily suspended from using our sites, services or tools;
- Post inaccurate, false, deceptive, libelous, defamatory, offensive, threatening or harassing content (including personal information);
- Manipulate or circumvent our fee structure, the billing process, or fees owed to CHETA;
- Distribute viruses or any other technologies that may harm CHETA, or the interests or property of CHETA members;
- Take any action that may undermine the feedback system (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to CHETA, leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User).
- Distribute or post spam, unsolicited, or bulk electronic emails, messages, chain letters, or pyramid schemes;
- Transfer your CHETA account (including feedback) and/or User ID to another party without CHETA approval;
- Export or re-export any CHETA tools except in compliance with the export control laws of any relevant jurisdictions;
- Use the Services and user account to engage in activities which are similar or identical to CHETA’s e-commerce marketplace business.
- Download, replicate, copy, compile or otherwise use any of the Content in the Site (or portion of it) for the purposes of commercially taking advantage of the Site Content, or otherwise competing with CHETA. Without written consent from CHETA it is prohibited to systematic collect of Site Content from the Sites to create, directly or indirectly, a database, collection or directory (whether through manual processes, spiders, robots or any other automatic technology devices).
Members Accounts and Responsibility
- Member must be registered on the Sites to access or use some Services. Except with CHETA’s consent, one Member may only register a single user account on the Sites. CHETA may terminate or cancel a User’s account if CHETA has reasons to suspect that the Member has registered or controlled more than one user account at the same time ("Multiple Use"). Moreover, CHETA may disapprove Member's registration for any reason.
- Upon registration on the Sites, CHETA shall assign to each registered Member an account and issue a User ID. The Member shall define a password to his account.
- Any account has a single set of User ID and password. The responsibility for maintaining the confidentiality and security of your User ID and password and for all activities that occur under your account shall be the Member's reasonability solely. No Member may assign, share, or permit the use of your User account, ID or password by another person with a different person or entity outside of the Member’s own company or business. Members agree to inform CHETA without any delay of any unauthorized use of your account or password or any other breach of security of your account.
- Member confirms that all activities that occur under your account (including without limitation, posting any business or product information, clicking to accept any Additional Terms and rules, subscribing to or making any payment for any services) will be considered to have been approved and authorized by the Member.
- Member recognizes that when sharing your account with other persons, or allowing multiple Members outside of your company or business entity to use your account, may create irreversible harm to CHETA or other Sites' Members. Member shall compensate CHETA, our partners, directors, workers, and representatives for any damages or loss (including but not limited to loss of profits) caused as a result of the multiple use of your account. Member also agrees that for any multiple use of your account or Member’s failure to keep the security of your account, CHETA shall not be liable for any damages or loss derived from such a breach and ,without liability to the Member, shall have the right to suspend or terminate Member's account.
- Member warrants and agrees that when registering you confirms that the address you provide is the prime place of business of your business entity (a branch or liaison office will not be considered a separate entity).
- If Member provides a business mediator, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to
a) serve as your business mediator or representative;
b) post and publish their contact details and information, reference letters and comments on their behalf; and
c) agree that third parties may contact your business mediators to support statements or claims made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business mediators without the need to obtain your permission.
Member accepts and agrees that CHETA shall not be required to actively monitor nor apply any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. CHETA does not approve, verify, authenticate or otherwise certify the information or contents of any comments or other material or information made by any Member. Each Member is solely legally liable and accountable for the contents of their communications, comments and their other material or information posted in the Sites.
Misuse CHETA and Breaches by Members
- CHETA works to ensure that the posted products and items do not infringe upon trademark, copyright or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our team and we will investigate.
- Member agrees to provide all the required information, materials and approval, and deliver all reasonable cooperation and assistance that is required for CHETA’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, CHETA shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
- Without limiting other remedies, we reserves the right in our sole discretion to limit, impose restrictions on Members and their accounts, terminate or suspend our service and Members accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites, without being liable to the Member, 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 conducting off-CHETA transactions, shill bidding, manipulation of feedback, 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 sole discretion, suspend or cancel accounts of users who may be repeat infringers of intellectual property rights of third parties.
- CHETA reserves the right to terminate unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue CHETA sites, services or tools.
- CHETA reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. In addition, CHETA may reveal the Member's identity and contact details, if requested by a government or law enforcement body, an injured third party, or as a result of a court order or other legal action. CHETA shall not be liable for damages, loss or results arising from such disclosure, and Member agrees not to bring any action or claim against CHETA for such disclosure.
- If a Member is in breach of the Terms, CHETA also reserves the right to post the records of such breach on the Sites. If such breach comprises or is reasonably suspected of comprising untruthful or fraudulent actions, CHETA also keeps the right to reveal the details of such breach to our partners. Such CHETA affiliates may suspend or cancel and impose limitation on the Member’s use of the services provided by them to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such CHETA affiliates.
- Each Member agrees to compensate CHETA, our partners, affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
Fees and Services
- It is free to join CHETA and bid on posted items. Fees are charged from the sellers for using other services, such as posting products and items and also on completed deals. Before you post 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 program, which we may change from time to time. Changes to that program are effective after we provide you with at least fourteen days' notice by posting the changes on our site. For promotional activities we may choose to temporarily change the fees for our services (such as, free listing days) or new services, and such changes are effective as long as the temporary promotional activities or new services are posted on the sites.
- Services and features in the site may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. CHETA may in our sole discretion limit, deny or create different level of access to and use of any Services or features with respect to different Users.
- Unless otherwise stated, all fees are quoted in U.S. Dollars or Euros. Each member may choose only one currency for your account in which all of the services and listed products shall be priced and deals shall be made.
- 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 (this includes charging other payment methods on file with us and retaining collection agencies and legal counsel.).
When you display or post any data, information, content or material on CHETA sites, you grant to CHETA a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable (through multiple tiers) right display, distribute, translate, publish, duplicate, transmit, adapt, modify, create derivative works, and otherwise use any and all trademark, copyright, publicity, and database rights you have in the content, in any media or technology known now or in the future. You warrant and confirm to CHETA that you maintain all the, rights authority, privileges and power to grant the above rights and licenses.
Limitation of Liability
- YOU WILL NOT HOLD CHETA RESPONSIBLE FOR OTHER USERS' INFORMATION, CONTENT, ACTIONS OR INACTIONS, PRODUCTS AND ITEMS THEY LIST OR THEIR DESTRUCTION OF ALLEGEDLY FAKE ITEMS. YOU ACKNOWLEDGE THAT WE ARE NOT A TRADITIONAL AUCTIONEER. INSTEAD, OUR SITES ARE VENUES TO ALLOW ANYONE TO OFFER, SELL, AND BUY JUST ABOUT ANYTHING, AT ANYTIME, FROM ANYWHERE, IN A VARIETY OF PRICING FORMATS AND LOCATIONS, SUCH FIXED PRICE FORMATS AND AUCTION-STYLE FORMATS.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PROVIDED BY CHETA ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND CHETA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHETA MAKES NO REPRESENTATIONS (EITHER THE SELLER OR THE BUYER) OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR ACCURACY, VALIDITY, CORRECTNESS, QUALITY, RELIABILITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
- CHETA DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND CHETA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
- CHETA IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE AVAILABILITY, QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF MEMBERS’ CONTENT OR LISTINGS, THE ABILITY OF THE SELLERS TO COMPLETE A SALE, THE ABILITY OF BUYERS TO COMPLETE A PURCHASE, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN AN ITEM.
- WE DO NOT TRANSFER LEGAL OWNERSHIP OF PRODUCTS AND ITEMS FROM THE SELLER TO THE BUYER. UNLESS THE BUYER AND THE SELLER AGREE OTHERWISE, CALIFORNIA COMMERCIAL CODE § 2401 (ARTICLE 2) AND UNIFORM COMMERCIAL CODE § 2-401 (ARTICLE 2) APPLIES TO THE TRANSFER OF OWNERSHIP BETWEEN THE BUYER AND THE SELLER. FURTHER, WE CANNOT ASSURE OR GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO OUR SITES, SERVICES OR TOOLS, AND OPERATION OF OUR SITES, SERVICES OR TOOLS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF CHETA CONTROL. THEREFORE, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY DAMAGE, LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES DERIVED, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, SERVICES AND TOOLS.
- ANY MATERIAL, DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES IS DONE AT EACH USER'S SOLE DISCRETION AND RISK AND EACH USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO CHETA’S COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM CHETA OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- THE SITES MAY MAKE VARIOUS SERVICES OR PRODUCTS AVAILABLE TO USERS, PROVIDED BY INDEPENDENT THIRD PARTIES. CHETA MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER WITH REGARD TO SUCH SERVICES OR PRODUCTS. IN NO EVENT SHALL CHETA AND OUR PARTNERS AND AFFILIATES BE HELD LIABLE FOR ANY SUCH THIRD PARTY SERVICES OR PRODUCTS.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE TOTAL FEES (UNDER CHETA FEES AND SERVICES) YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT BY THE USER TO PROVE ACTUAL DAMAGES. ALL CLAIMS ARISING FROM THE USE OF THE SITES OR SERVICES MUST BE FILED WITHIN SIX (6) MONTHS FROM THE DATE THE CAUSE OF ACTION AROSE.
Under no circumstances shall CHETA be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or other force majeure condition.
In any event that you have a dispute with one or more users (or any party to a transaction), you release and indemnify CHETA (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Conditions of Listing
By posting a product on CHETA’s sites, you provide your consent to pay CHETA’s fees for such, assume full responsibility for the listing content and product offered, and accept the following listing conditions: When you list a product on CHETA’s sites, your listing will be posted on CHETA’s sites and can be viewed in My Account. A possible several hours delay (or up to 24 hours in some circumstances) may occur and your listing may not be immediately searchable by keyword or category, so CHETA can’t guarantee exact durations of listing. Pay attention that search results for your listed items on CHETA take into account certain factors including title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. More information about listing appearance can be read in CHETA’s Help pages.
CHETA and you are independent contractors, this agreement does not intend or create agency, joint venture, partnership, employee-employer or franchiser-franchisee relationship.
- CHETA respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the CHETA.biz website, please contact our legal department, via email through Contact Us link on the site header, or to the following address: CHETA Office, Hoofien 12, Israel, Attn: Legal Department.
- All legal notices or demands to or upon CHETA shall be made in writing and sent to CHETA personally, by courier, certified mail, or facsimile to the address that is stated above. The notices shall be effective when they are received by CHETA in any of the above-mentioned manner.
- When you visit CHETA.biz or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail address you provide to CHETA during the registration process or by posting notices on this site. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Applicable Law and Jurisdiction for Legal Disputes
This Agreement shall be governed in all respects by the laws of the Country of Israel as they apply to agreements entered into and to be performed entirely within Israel between Israeli residents, without regard to conflict of law provisions. You agree that any dispute or claim you may have against CHETA must be resolved exclusively by a court located in Tel-Aviv City, Israel, except as otherwise agreed by the parties or as described in the Arbitration Option article below. You agree to submit to the personal jurisdiction of the courts located within Tel-Aviv City, Israel for the purpose of litigating all such claims or disputes.
The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
- Prohibited and Restricted Items Policy.
- Avoiding CHETA's commissions policy
- Offers to buy or sell outside of CHETA
- Accepted payments policy
Headings are for reference purposes only and in no way limit, define, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't 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 CHETA Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
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, Content, Liability, Indemnity and Legal Disputes.