Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.tradetrust.com (“our site”). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by all the policies in this acceptable use policy, which supplement our general terms and conditions of our website and our membership terms and conditions which are displayed on our site and which you must accept prior to using our website or becoming a member. www.tradetrust.com is a site operated by gsmExchange Limited (“we” or “us”). We are registered in Ireland under company number 339239 and we have our registered office at 5 the Orchard, Oldtown, County Dublin.
Our site permits access to a marketplace platform (“the Platform”) which facilitates i) the exchange of information about any mobile or electronic device, related equipment and products and another categories of products (“the Products”) between users who wish to buy and/or sell; and (ii) the entering into of contracts for the sale and purchase of the Products between a buyer and a seller. Also available on our site, is a trading interface which allows users of our site to trade, sell and purchase Products (“Trading Floor”).
1. General obligations of users to comply with legal requirements
You, as user of our site, undertake to comply with this acceptable use policy and any applicable laws and not to violate the rights of any third party when using the Platform.
2. Content Standards
2.1 By using our site you may submit, upload, post or otherwise make available on the Platform any information, photos, videos, notes, concepts, trademarks, service marks or other materials related to the Products you offer, as well as products of third parties, you have the legal authority to offer including and which you are in power to carry out accordingly to this acceptable use policy (collectively, the "Content").
2.2 The Content uploaded must be accurate (where it states facts), be genuinely held (where it states opinions) and must comply with applicable laws Ireland and in any country from which it is posted.
2.3 The Content uploaded must not:
a) be unlawful, harmful, fraudulent, pornographic, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of another person's rights, including without limitation to conduct that would encourage "flaming" others, or criminal or civil liability under any local or foreign law;
b) constitute Content that you do not have a right to make available under any law or under a contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);
c) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d) constitute unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of direct solicitation; or
e) contain a virus, Trojan horse, worm or any other disruptive or harmful computer code, files, programs, software or data designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
2.4 You hereby represent, warrant and agree that:
a) any Content submitted by you to TradeTrust for display on the Platform shall not:
i) breach paragraph 2.3 of this acceptable use policy,
ii) contain any fraudulent information or make fraudulent offers for items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
iii) be part of a scheme to defraud other users of the Platform for any unlawful purpose;
iv) violate any applicable law, statute, ordinance or regulation (including without limitation to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
v) be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise which promotes sexually explicit materials or is otherwise harmful to minors;
vi) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, membership of an ethnic community or age;
vii) link or direct users of our site, directly or indirectly, to a commercial activity that competes with TradeTrust;
viii) link directly or indirectly to, or include a description of, goods or services that are prohibited under this acceptable use policy; or
ix) create any liability for TradeTrust or its affiliates;
b) the transfer and processing of Content is lawful and you have all rights to do this;
c) you have obtained all necessary copyright or trademark licenses and permissions to submit such Content;
d) you have the right to list, offer and sell products, that are in your full possession and that are not collateral for any loan or any other obligation;
e) offered Products comply with all requirements set out in the trading floor rules.
3. Grant of License to us
By using the services provided by TradeTrust and which are available on/or through our site, including the Trading Floor (“the Services”), you hereby grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Content provided by you in accordance with the purpose of using the Services and other purposes set forth in this acceptable use policy and to exercise the copyright, publicity, and database rights you have in such Content, in any media now known, or currently known or later developed.
4. Restricted use of the Platform
4.1 You shall use our site and the Platform solely for the purposes that are permitted by and as contemplated in this acceptable use policy. Without limiting any other provision of this acceptable use policy, you explicitly agree that you shall not, either directly or indirectly:
a) disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, timeshare, let, rent, give somebody the loan of, or sub-authorize any element of the Platform unless otherwise is explicitly specified in this acceptable use policy;
b) modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on the Platform, undertake any benchmark trials using all or any part of the Platform, or in any other way try to procure the human decipherable form of the Platform, except to the extent expressly agreed upon in writing by TradeTrust with you or to the extent the foregoing restrictions are expressly prohibited by applicable laws notwithstanding a contractual provision to the contrary;
c) circumvent any user limits or other use restrictions that are built into the Platform;
d) breach, override or otherwise circumvent any authentication or security mechanisms;
e) remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the Platform;
f) indulge in any actions with the Platform that meddle with, disturb, destroy, or access in an unlawful way the server networks, connections, systems, records, or other assets, tools or services of TradeTrust or any related third party;
g) transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through the use of the Platform; or
h) impersonate any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
i) forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Platform;
j) intentionally or unintentionally violate any applicable local or international law;
k) intentionally or unintentionally violate this acceptable use policy;
l) use the Platform, or any part thereof, for an unlawful or fraudulent purpose or otherwise, in any way not permitted by this acceptable use policy.
5. Your obligations in respect of the Trading Floor
5.1 As a user of our site, you are obliged to:
a) comply with the trading floor rules;
b) read, respond and confirm notifications within 24 hours from the moment of receipt, unless otherwise indicated in the instructions on the Platform;
c) provide, maintain and update TradeTrust with true, accurate, current and complete information to be displayed on the Platform;
d) ensure that the sale, purchase, use or possession of the Products must not infringe the rights of any third party (including but not limited to any intellectual property rights held by any third parties);
e) ensure there is no breach any applicable local, national or international law or regulation;
f) ensure that you have the legal status, license(s) and rights to import products into your country of delivery;
g) deal with all the taxes, import duties and/or costs that you may be liable to, as prescribed by the tax laws of your country;
h) be a legal and beneficial owner of the Products; and
i) comply with this acceptable use policy.
6. Suspension and Termination
6.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
(a) Immediate, temporary or permanent withdrawal of your right to use our site.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this acceptable use policy are not limited, and we may take any other action we reasonably deem appropriate.
7. Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.