Terms & Conditions

Terms and Conditions

  1. INTRODUCTION

Welcome to www.auctions.com.mt (hereinafter referred to as “Auctions Malta” or “the company” or “the site”). Upon entering the site you are hereby agreeing to these terms and conditions. General Terms: In these terms and conditions words such as “us” “its” “yours” “ours” “you” “we” and other pronouns may be used to refer to the parties of this agreement, i.e the company, and the user.

  1. USING AUCTIONS MALTA

By using Auctions Malta you are deemed to have read these terms and conditions which are available to access on the site.

2.1 As a condition of your use of Auctions Malta you agree that you will not:

(a) violate any laws;

(b) violate any rules set out by the company;

(c) post any threatening, abusive, defamatory, obscene or indecent material;

(d) be false or misleading in your actions on the site;

(e) infringe any third party right/rights;

(f) create more than one account per natural person and/or legal entity, irrespective of the status of any existing account.

(g) advertise external URL (i.e not the URL of the site);

(h) create, distribute, promote, or incite the creation thereof, of spam, chain letters, or pyramid schemes, or any other illegal or fraudulent mechanism.

(i) distribute computer viruses or any other harmful content that may harm the company and/or other users on the site, or which may harm any of the company’s interests;

(j) in any way interfere with the running of Auctions Malta and/or with its functions and operations online and in any other way or form;

(k) impose an unreasonable load on Auctions Malta’s infrastructure or interfere with the proper working of the site. This includes (but is not limited to) adding terms to the listing descriptions with the purpose of gaining undue exposure;

(l) copy, modify, or distribute an other person’s content without their consent;

(m) use any robot spider, scraper or other automated means to access Auctions Malta and collect content for any purpose without the company’s express written consent;

(n) bypass measures used to prevent or restrict access to Auctions Malta;

(o) use Auctions Malta in a fraudulent manner, or to promote fraudulent activities.

2.2 As a user you are responsible for all the information you submit to Auctions Malta. You are liable for any consequences which may arise out of your actions as a user.

2.3 The company reserves the right to refuse or delete content that is believed to be inappropriate or in breach of these terms and conditions.

2.4 The company reserves the right to restrict a user’s usage of the site either temporarily or permanently, or to refuse a user’s registration.

2.5 The company reserves the right to remove adverts, posts, listings, or any other content added by users of the site, which is deemed to be inappropriate, illegal, fraudulent, false, or is promoting services or companies that are in competition with Auctions Malta and/or the services it offers, or the services it plans to offer in the future.

2.6 The company will not share any user’s personal data or other data held by the company’s systems, with any third party, unless required to do so by law.

2.7 The company may monitor the users’ data held by the company’s systems in relation to the use of Auctions Malta, including any listings, and messages sent or received by users to ensure that the terms and conditions are satisfied.

  1. ABUSE

3.1 Auctions Malta and the users of the site are to work together to keep the site working properly and the community safe. Users are to report problems with the site, offensive or inappropriate content, policy breaches, fraudulent activity, and other information which may be considered harmful, or which may help the company with the effective running of the site. Reports should be made directly to the company through its official channels.

3.2 No user is allowed to act in a way which gives the impression that he is a representative of the company. This constitutes a breach of these terms and conditions, and may result in lawful suit for damages.

3.3 Without excluding other remedies, the company may issue warnings, limit or terminate its service, remove hosted content, and/or take technical and/or legal steps to keep users off the site if the company thinks that such users are causing problems and/or acting in breach of the company’s policies.

3.4 The possibility of taking such action as indicated in 3.3 and other relevant sections (i.e whether the company decides to remove users, or content) does not mean that any liability is imposed on the company for any action done by the site’s users, any content which is harmful, offensive or causes damages to third parties, or for unlawful content on the site, in the case where the company does not perform any of these actions (such as removing illegal content, or not removing users).

  1. FEES & SERVICES

4.1 General use of Auctions Malta is free for users. The company has the right to impose fees on its users for its services. The company assumes the responsibility of informing the users of any such fees, and shall give the option to the users to accept or decline such non-free service.

4.2 The company’s fees, if any, are non refundable and are to be paid when they are due. Failure to complete payment may result in the company limiting or declining the user’s ability to use the company’s services. Users are responsible for completing payment. Failure to comply with the company’s payment terms will allow the company to use any other means to collect the funds which are due.

4.3 Users hereby agree not to attempt to, or to actually do, circumvent or bypass the company’s fees.

  1. CONTENT

5.1 Auctions Malta contains content created by the company, you as the user, and other users of the site. Auctions Malta is protected by copyright laws and international treaties. Content displayed on the site or via the company in any other way or form on any other platform is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.

5.2 You hereby agree not to copy, distribute, modify, alter with, remove, or tamper with in any other way, without the company’s express written consent.

5.3 The user may not, in any way, disassemble, decompile, reverse engineer, tamper with, remove or add to, any source code owned by the company, and contained in the site.

5.4 Without prejudice to any other clause contained in these terms and conditions, the user agrees not to reproduce, copy, sell, resell, or exploit for any purpose, any aspect of Auctions Malta (other than the user’s own content). Upon giving consent to the company, the user grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that consent.

  1. SELLING

6.1 If you are using the site to sell items, you must do so in a diligent and responsible manner.

6.2 This includes only posting items for sale on the site which you are authorized to sell, posting items which are truly for sale, only posting items which can legally be bought and sold, as well as any other condition the company deems necessary for the user to be acting diligently and responsibly.

6.3 You are responsible for keeping you listings up to date. You are not to use descriptive language which gives a false description of the true state of the item which is for sale.

6.4 You are responsible for managing your listings. This includes ensuring the price indicated is the true price, and not simply a false indication used to attract potential buyers.

6.5 The company is not responsible for any user’s listings, nor is it liable to any damages caused or incurred by the buyer and/or seller. The company will merely do its best to ensure the smooth running of its operation, and will make all attempts to remove fraudulent listings, illegalities, and other abuses.

6.6 Buyers purchasing items from Auctions Malta will be entering into an agreement with the seller (Auctions Malta User) and not with the company.

  1. INFRINGEMENT

7.1 Users are not allowed to post content that infringes third party rights. This includes, but shall not be limited to, content that infringes on intellectual property rights, copyright laws, trademark laws, and any other applicable law. Users cannot list counterfeit items for sale.

7.2 Entitled parties who believe that their rights are being infringed can report the alleged infringement to the company for the removal of such listings.

7.3 If said entitled party or the party’s legal representatives, report and show that such breach is in fact unlawful, the company will remove the listing which is causing such breach.

7.4 Reports can be made by contacting the company or any of its lawful representatives, or by any other way allowed by the company. The information provided must be sufficient for the company to ensure that the complaining party is the entitled party or the entitled party’s authorized representative. The information must also indicate the listing which is breaching such rights.

7.5 The company will review all complaints and action will be taken within reasonable time.

  1. LIABILITY

The company is not responsible, nor will the user hold it responsible, for content posted by the site’s users. The company does not review users’ listings and is not involved in the transactions between buyers and sellers. The company does not assure the accuracy of listings, the legality of listings, nor the quality or safety of what is offered. The company will do its best to ensure that no illegality or abuse is present, but will not be held liable for the actions of others.

8.1 The company will not accept liability for the posting of any unlawful, threatening, abusive, defamatory, obscene, or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including (without limitation) any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or right.

8.2 The company does not, and cannot, guarantee continuous, error-free or secure access to its services or guarantee that defects in the service will be fixed. The company uses reasonable efforts to maintain an uninterrupted service, but it cannot guarantee this and does not give any warranties (express or implied) about the availability of its services. Accordingly, to the extent permitted by law, the company expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

8.3 The company is not liable for any loss, whether monetary (including profit or foreseen or foreseeable profit), goodwill, or reputation, or for any special, indirect, or consequential damages arising out of the user’s use of the site, even if said damages or loss could have reasonably been foreseen and even if it was advised by the user.

8.4 In jurisdictions which do not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not be applicable. Despite the previous paragraph, if the company is found to be liable, its liability (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the amount which is greater, between (a) the total fees paid by the user to the company in the 12 months prior to the action giving rise to liability, and (b) 100 Euros.

  1. GENERAL

9.1 Auctions Malta is operated by Epic Growth Company Ltd, registered in Malta with registration number MT21256808. These terms and other policies posted on the site constitute the entire agreement between the company and the user, superseding any prior agreements.

9.2 The user hereby agrees that the company may suspend or terminate the user’s Auctions Malta account, if the user fails to abide by these terms and conditions, or for any other reason at the company’s own discretion.

9.3 If the action in 9.2 takes place, you are hereby agreeing that you will not create, or attempt to create, another Auctions Malta account.

9.4 The user hereby agrees that he/she will not hold the company liable for any losses or damages incurred directly or indirectly, due to such suspension of termination.

9.5 This agreement shall be governed and construed in all respects by the laws of Malta. The user agrees that any claim or dispute he/she may have against the company must be resolved in accordance with the laws of Malta and by the courts of Malta. The company and the user both agree to submit to the exclusive jurisdiction of the Maltese courts.

9.6 If the company does not enforce any of its provisions, it will not be deemed as waiving its right to do so later. If any court strikes down any provision, the remaining provisions will survive.

9.7 The company may update, amend, change, renew this agreement at any time, with such changes taking effect as soon as the terms are posted by the company, and signed by both the company and the user.