ABOUT THIS AGREEMENT
These Terms and Conditions together with the Insertion Order form the agreement between the Advertiser and Samimie in respect of Advertising and Promotion.
If these Terms and Conditions and the Insertion Order are inconsistent, then the terms of the Insertion Order will prevail to the extent of the inconsistency.
If Samimie Limited Supplies Advertising Services which are not specified in an Insertion Order these Terms and Conditions still apply.
WORDS AND PHRASES
In this Agreement:
"AGREEMENT" means these Terms and Conditions and an Insertion Order signed by the Advertiser and accepted by Samimie;
"BUSINESS DAY" means any day excluding Saturday or Sunday or a bank or public holiday in AUSTRIA;
" Samimie website" means any website owned or operated by Samimie Limited.
"DEFAULT EVENT" means the events listed in clause 14.2;
"FORCE MAJEURE" means an event or circumstance beyond the reasonable control of a Party (without fault or negligence of that Party);
"FEE" means the fees and charges for Advertising Services set out in the Insertion Order;
"IMPRESSION" means an appearance of an Ad on a Samimie Website resulting from a person accessing that website;
"INSERTION ORDER" means an order for Advertising Services in the form required by Samimie from time to time;
"INTELLECTUAL PROPERTY" means all intellectual property including all present and future registered and unregistered copyright, trade marks, designs, patent, semi-conductor or circuit layout, trade secrets, know how, confidential information, inventions and discoveries;
"INTELLECTUAL PROPERTY RIGHTS" means any rights in Intellectual Property;
"PUBLICATION DATE" means the start date for the Ad described in the Insertion order;
a reference to any party or other person includes that person's successors and permitted assigns;
a reference to this or any other document includes a reference to that document as amended, supplemented, novated or replaced from time to time;
a reference to a person includes a natural person, corporation, partnership, trust, estate,
joint venture, sole partnership, government or governmental subdivision or agency,
association, co-operative and any other legal or commercial entity or undertaking;
where a party comprises two or more persons any agreement or obligation to be performed or observed by that party binds those persons jointly and each of them severally, and a reference to that party is deemed to include a reference to any one or more of those persons;
the words "include" and "including" mean "including but not limited to"; andthe headings in this agreement do not affect its interpretation.
VERIFICATIONVerification of sellers is strictly based on trust, reviews from customers, time spent on Samimie providing quality services (years) or physical verification by our representatives (which may attract some fees).
Sub-contractors
Samimie may subcontract the performance of this Agreement or any part thereof.Provisions Severable
If any provision of this Agreement is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from the relevant agreement.
Waiver
Failure by any Party to exercise or delay in exercising any right, power or remedy under this Agreement does not prevent its exercise.
Governing Law
This Agreement is governed by and construed in accordance with the laws of the Austria and the Parties irrevocably submit to the exclusive jurisdiction of the Austrian courts.
Buyer Terms and Conditions
Please read this agreement carefully before accessing or using the information and services available through the Samimie Limited website ("Site"). By accessing or using the Site,
you agree to be bound by the terms and conditions below.Samimie Limited may modify this agreement at any time,
Copyright and trademarks
Copyright in the material and trademarks on this Site are owned by Samimie Limited unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Samimie.
Information for personal, non-commercial use only
You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence).
You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this or any other version of the Site including but not limited to code, images, advertising content, general content, pricing data, vehicle advertisements, advertiser details, user interface design and software.
You must not use this Site for any purpose that is unlawful or prohibited by these terms of use.You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.
Information does not represent professional advice
You acknowledge and agree that information published by Samimie is intended to provide general information in summary form on legal and other issues.
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right but are not obligated, to limit the
sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are
subject to change at any time without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any
offer for any product or Service made on this site is void where
prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
We reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e‑mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to
promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, vehicles, products and other information provided through the Site or on the Internet generally.In no event will Samimie be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.
No guarantees of availability
Samimie gives no guarantee to you of the continued availability of any particular item or product advertised on the Site and will not be liable to you should an advertiser have sold the vehicle at any time prior to removal of the advertisement from the Site.
it gives no guarantee to you that every product or description is free from errors or inaccuracies.
No guarantees or endorsements of sites or services we link to or that link to may provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Samimie and Samimie is not responsible
for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site.
Samimie is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Samimie of the linked site. Samimie is not responsible for the copyright compliance of any linked site.
Samimie will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
No guarantees as to the service
Samimie provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Our rights to use information you send us
Samimie welcomes ideas and feedback from you about all aspects of the Site.
You agree that Samimie may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email or any other form of communication to Samimie.
(Please read our privacy for more information as to how we deal with information you send to us.)
No guarantees as to security of your information
While Samimie takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Samimie systems or on Samimie's Site. Samimie disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Your responsibility for your password and login To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore,
you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service.
You agree to immediately notify Samimie of any unauthorized use of your login name or any other breach of security known to you.
No misrepresentations allowed
You agree that it is a condition on your use of the Samimie Website, Samimie Pricing Data or Pricing Service and of any other services provided by Samimie or through the Site that you will not either through any act or omission mislead or deceive others.
General provisionsIf any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws governing this agreement will be the laws in Austria and you irrevocably submit to the exclusive jurisdiction of its Courts.
For the purposes of this agreement the words " Samimie ", "We", "Our" and "Us" refer to Samimie Limited and "Site" to materials delivered on .www.samimie.com