Terms and Conditions

 

These Terms and Conditions of Service and Use of Adlynx website (referred as “Platform”, and sometimes referred to herein as “we” or” us” or “our”) are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Adlynx hereby amend and restate any such prior terms and conditions

SECTION 1- DEFINITIONS

“Account” means the user account associated with Adlynx.

“Platform” means the Website operated by Adlynx.

“Buyer” means a User that purchases Seller’s products through the Platform. A User may be both a Buyer and a Seller under this agreement.

“Seller” means a User that advertises the products or identifies as a Seller through the Platform. A User may be both a Buyer and a Seller under this agreement.

“Services” means all services provided by a Seller.

“User”, “you” or “your” means an individual who visits or uses the Platform.

SECTION 2- ACCEPTANCE 

By clicking “I AGREE” and/or simply by using or accessing our services and this Platform, you hereby agree:

(a) that you have received, read, and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,

(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Adlynx as each may be amended or supplemented from time to time in our sole discretion without notice, and 

(c) that your use of our services and our Site shall comply with all applicable national, state and local laws, rules, or regulations, and that you are solely responsible for your compliance with, familiarity with, and understanding of any such laws, rules, or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.

SECTION 3- PERSONAL RESPONSIBILITY

You aim to accurately represent the information provided to us on or through our Platform. You acknowledge that you are participating voluntarily in using our Platform and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Platform, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Platform to your life, family or Service.

SECTION 4- ELIGIBILITY

You must be at least eighteen (18) years of age to register as a user on this Platform, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of this Platform is not permitted where prohibited by law.

SECTION 5- REGISTRATION INFORMATION 

You will be required to provide your name, email address and other information about yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. 

By providing your personal information, you agree and understand that the information and material contained in this Platform implies and constitutes your consent to the terms and conditions mentioned below.

SECTION 6- SERVICES 

Products are advertised on Adlynx by Sellers which can be fixed price or price per item. The process is entirely at the discretion of the Seller and Buyer. Adlynx has no control over the buying and selling process. Services are provided by Sellers directly to buyers, who determine the deliverables, price and all other requirements. 

SECTION 7- DISPUTES 

Adlynx encourage our Sellers and Buyers to try and resolve any disagreements between themselves. Users agree and accept that they have no right to seek to hold Adlynx liable for a Buyer or Seller’s alleged actions or failures. 

SECTION 8- SELLER GUIDELINES

• In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the T&C, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
• As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this T&C. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licenses and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. 
• Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Adlynx reserves the right to delete such multiple listings of the same product listed by you in various categories. Adlynx reserves the right to restrict the selling of products originating from certain countries.
• Seller’s liability to Buyer on any claim, whether based on contract, warranty, tort (including but not limited to negligence, negligence per se, vicarious liability, etc.), strict liability, or any other claim that may arise with respect to the goods or services delivered hereunder, shall in no case exceed the purchase price of the goods and services or part thereof. In no event shall Adlynx be liable to Buyer for any special, punitive, direct, indirect, pecuniary or non-pecuniary, incidental or consequential damages arising out of, or as a result of, the sale, delivery, non-delivery, servicing, use or loss of use of the goods or any part thereof, or for any charges or expenses of any nature incurred, regardless of Seller’s negligence and Buyer agrees to indemnify and hold Adlynx harmless from any and all such claims of damage by Buyer or others.
• Seller expressly disclaims any and all liability for the proper design, manufacture, or operation of any goods, parts or components designed, manufactured or supplied by the Buyer to the Seller, or third-party parts specified by Buyer. This includes any design, modification or addition to Seller’s goods that is provided by the Buyer to the Seller, whether or not Seller has agreed to such Buyer’s design, modification or addition.
• It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government.  Adlynx shall not be responsible for any deficiency and/ or omission on your part.
• You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Adlynx will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform.
• You shall be responsible for the content posted or transmitted on the Platform by you. The content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, and you are not entitled to any payment or other compensation for such use.
• You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage.  You agree to bear any and all applicable taxes, charges, levied thereon.

SECTION 9- USER CONDUCT

Adlynx has an obligation to conduct its Service in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This code is meant as a guide to using our Platform appropriately and must be followed at all times. Breaches of this Code will result in disciplinary action, up to, and including, account termination.

• You will act ethically and with integrity.
• You will comply with all of Adlynx’s policies.
• You will respect the rights of all Users.
• You will not abuse confidential information, or participate in any other illegal practice.
• You will have regard for Users’ interests, rights and safety.
• You will not harass, bully or discriminate.
• You will not falsify your own or any other identity and You will provide true and correct information.
• You will mutually seek to communicate or receive/initiate payments off-site.
• You will not abuse the services offered by your hired Seller.
• You will not engage in fraud.
• You will not create multiple accounts.
• You will not use the Platform to generate false feedback about any person, product, or service.
• You will respect confidentiality and privacy.
• You will not disclose information or documents you have acquired, other than as required by law or where authorization is given by Seller.
• You will not participate in projects involving illegal behavior.
• You will avoid exaggeration, derogatory remarks, and inappropriate references.
• You will not engage in personal attacks, negative or other unfair criticism, and any unprofessional conduct.
• You will not spam or advertise your website or service unless otherwise allowed.

SECTION 10- BE AWARE

We are dedicatedly working towards stopping abuse and scams to provide you the safest possible environment for everyone.

Here are some important tips to use when dealing with Adlynx users:

• Do not give your confidential details unless you are sure that the other party is who they claim to be. For example, you could ask them for a call-back number to use for verification purposes.
• Be careful when sharing credit card or bank information, or engaging in any monetary transactions. Be sure to verify the legitimacy of the Buyer with whom you are interacting.
• Do not provide any non-work-related personal information (e.g., Social Security Number, eye color, marital status, etc.) over the phone or online.
• Be wary of emails that offer an opportunity that involves acting as a go-between for money transfers.

SECTION 11- FEES & PRICING

Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. If you discover an error in our website or catalogue, please let us know.

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms. We reserve the right to adjust pricing for our fees in any manner and at any time as we may determine in our sole and absolute discretion. 

SECTION 12- USER CONTENT

By Submitting any User Submissions through the Platform or the Service, you hereby do and shall grant Adlynx a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Platform, the Service and Adlynx’s (and its successors and assigns’) Service, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party Sites).

You also hereby do and shall grant us a non-exclusive license to access your User Submissions through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Adlynx does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.

You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service.

You understand that Adlynx shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content, or information submitted by you; and that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such content originated and that Adlynx will not be liable for any errors or omissions in any content; and that Adlynx cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Adlynx cannot guarantee the authenticity of any data which users may provide about themselves or the persons or entities they are involved or affiliated with or employed by. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

SECTION 13- MODIFICATIONS TO SERVICES

Adlynx shall at its discretion be entitled to modify the terms and conditions of the terms of use and qualifications and conditions mentioned herein. The User at all times shall be bound by the rules/regulations/qualifications/conditions (as may be altered) at all times and no person shall be entitled to dispute/challenge any such modifications by Adlynx from time to time.

SECTION 14- INDEMNIFICATION

You agree to defend, indemnify and hold Adlynx and our members, owners, directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Platform or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

SECTION 15- DISCLAIMER OF WARRANTIES

 WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR ANY SERVICES AVAILABLE ON OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY SELLER OR SELLER OR ANY PARTY THAT APPEARS ON THE PLATFORM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE PLATFORM.

SECTION 16- LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, MEMBERS, OWNERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SELLERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE CONTENT, MATERIALS, SERVICES, AND FUNCTIONS RELATED TO THE PLATFORM, YOUR PROVISION OF INFORMATION VIA THE PLATFORM, LOST SERVICE OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

SECTION 17- TERMINATION

We may terminate, change, suspend, or discontinue any aspect of the Platform or the Platform’s or services at any time. We may restrict, suspend or terminate your access to the Platform and/or its services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

SECTION 18- WAIVERS

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

SECTION 19- FORCE MAJEURE

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.

SECTION 20- GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with Guyanese law, and the courts of Guyana will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

SECTION 21- THIRD-PARTY LINKS

Third-party links on this Platform may direct you to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.

SECTION 22- COPYRIGHT 

All rights reserved. All materials presented on this site are copyrighted and owned by Adlynx. Any republication, retransmission, reproduction, downloading, storing, or distribution of all or part of any materials found on this Platform is expressly prohibited.

SECTION 23- DMCA TAKEDOWN PROCEDURE

Adlynx will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Adlynx may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the site which you allege has been infringing upon your work;
4. Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

SECTION 24- ACCEPTING THIS TERMS OF USE

You hereby accept the fact that you have read, understood, and are willing to abide by the terms and conditions laid down in this Agreement. You further agree that the terms and conditions set out under this Agreement are fair, reasonable and just given the matters set out under this Agreement and you waive any and all rights to have any claims against us on grounds set out above.