Your use of the Inasbay website www.Inasbay.com, including the mobile application (collectively, the "Website") and its related sites, services and tools are governed by the terms and conditions of this Website User Agreement. This Website User Agreement shall become effective on January 1, 2022, at 12:00 a.m. Canadian Standard Time ("User Agreement"). Inasbay.com is an e-commerce-based Internet portal operated by Integrateur Sys Gear, a company registered in Quebec under the number NEQ: 2270938857, 6915, Galarneau Laval H7L 5J9 QC, Canada.
For the purposes of this User Agreement, the term "Registered User"/"Guest User" and, where the context so requires, "you," "your" means any natural or legal person who accesses the Website, it's content and who uses the services offered on or through the Website and who has agreed to become a member by providing registration data (as defined below) when registering on the Website as a registered user/guest user using the digital systems of the Website and has accepted this electronic version / electronic registration of the User Agreement and has assigned a uniquely identifying user name ("User ID" and "password") to become a registered user or has been identified as a guest user by providing a telephone number and an e-mail address.
Changes: When you use any of the services we provide through the Website, including, but not limited to, product notices, vendor notices, etc., you will be subject to the rules, guidelines, policies, terms and conditions applicable to those services, which shall be deemed to be incorporated into and considered part of this User Agreement. In our sole discretion, we reserve the right to change, modify, add or remove portions of the User Agreement at any time without prior written notice to you. You are responsible for periodically reviewing this User Agreement for any updates/changes. Your continued use of the Website following the posting of updates/changes will mean that you accept and agree to the revisions. As long as you comply with the terms of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website. By accepting this User Agreement, you also agree to be bound by the rules and policies of Inasbay.com as provided from time to time in the following hyperlinks:
Use of the Website is restricted to persons capable of executing legally binding contracts under Canadian law. Persons who are "incapable of contracting" under Canadian law, including minors, undischarged insolvent persons, etc., are not permitted to use the Website. If you are a minor, i.e., under the age of 18, you may not register as a member of the Website, and you may not sell, buy or bid for items on the Website except through your legal guardian or parent who has registered as a user or who may use the Website as a guest user. Inasbay.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it comes to our attention or if it is discovered that you are under 18.
a. Business Entity Registration: If you register as a business entity, you represent that you are duly authorized to accept these terms and conditions of use and that you have the authority to bind your business/legal entity to this User Agreement.
b.Guest User: If you complete a transaction as a Guest User, you will not be permitted to list/sell products or services on the Website, and there may be certain additional restrictions as a Guest User regarding your purchase and other features available on the Website. As a Guest User, the buyer will not be able to enjoy the rewards and other benefits that are not attributable to a non-registered user.
c.Your Account and Registration Obligations: If you use the Website as a registered user, you are responsible for maintaining the confidentiality of your user name and password. If you are using the Website as a guest user, you are responsible for maintaining the confidentiality of your email address and telephone number and restricting access to your computer, computer system and computer network. You are responsible for all activities under your username and password (if registered) or your email address and phone number (if you are a guest user). In addition, as a guest user, you are responsible for your device's physical security and possession, the details of which are used to conduct transactions with Inasbay.com. You agree, among other things, to:
If you provide false, inaccurate, or incomplete information, or if Inasbay.com has reasonable grounds to suspect that such information is false, inaccurate, or incomplete, or does not conform to the User Agreement. Inasbay.com has the right to suspend or terminate indefinitely or block your access to the Website and refuse to provide you with access. Inasbay.com will not be liable for any loss or damage resulting from your failure to comply with the Performance and Electronic Communications clause.
When you use the website or send e-mails or other data, information or communications to Inasbay.com, you agree and understand that you communicate with Inasbay.com through electronic records. You agree to receive communications from us electronically. For contractual purposes, you agree to receive communications (including transactional, promotional and/or commercial messages) from us regarding your use of the website and/or your order placed on the website. We will communicate with you by e-mail, posting notices on the website, or any other service used by Inasbay. You agree that all agreements, notices, disclosures and other communications we provide to you electronically shall be considered adequate electronic notice/record service and meet any legal requirement that such communications be in writing.
d. Fees and Services: Membership on the site is free. As an intermediary within the meaning of the Information Technology Act, Inasbay.com does not charge any fees for browsing and purchasing on the website. However, before you list an item for sale on the website, we ask that you review our fees and credit policy, which is incorporated by reference into this Agreement. Inasbay.com reserves the right to change its service fee and credit policies from time to time at its sole discretion, including without limitation the right to introduce fees for new services offered or to modify/introduce fees for existing services, as applicable. Any changes to the fee and credit policies will be immediately posted on the website. Unless otherwise stated, all fees are quoted in Canadian dollars and payable to Inasbay within the time specified on the invoice.
e. Taxes: You are responsible for paying all fees associated with using the Website and agree to pay all applicable taxes, fees, etc., as required by applicable law or government regulations.
f. Non-paiement : Inasbay.com se réserve le droit d'émettre un avertissement, de suspendre ou de résilier temporairement/indéfiniment votre adhésion au site Web et de refuser de vous fournir l'accès à toute utilisation actuelle et future du site Web en cas de non-paiement des frais par vous à Inasbay.com. Inasbay.com se réserve également le droit de prendre des mesures légales en cas de non-paiement des frais.
g. Use of the Website: You understand and agree that Inasbay and the Website are merely providing hosting services to registered users and people browsing/visiting the Website. All advertised/listed items and their contents are advertised and listed by registered users and are third-party user-generated content. Inasbay.com does not initiate the transmission, nor does it select the sender and recipient of the transmission, nor does it select or modify the information contained in the transmission. Inasbay.com has no control over third-party user-generated content and provides no warranty as to such content. Inasbay shall not be liable for any loss suffered by you as a result of your reliance on or use of such data/content.
7.1 You agree, undertake and confirm that the following binding principles will strictly govern your use of the website:
7.1.1 "Your Information" is defined as any information you provide to us or to other users of the Website ("Users") during the registration (as a registered user or as a guest user), purchase or sign-up process, in the comment area, or through any email function. You are solely responsible for your information, and we act only as a passive conduit for your online distribution and publication of your information.
7.1.3 Under the Information Technology (Intermediary Guidelines) Rules, you agree and undertake not to host, post, upload, modify, publish, transmit, update or share any information or material that:
a. belongs to another person and to which you have no rights;
b. is grossly prejudicial, harassing, profane, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any way; or unlawfully threatening or harassing, including, but not limited to, "indecent representation of women" as defined by the Indecent Representation of Women Act;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights or trade secrets of any third party or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items
e. involves the transmission of "junk mail," "chain letters," unsolicited mass mail or "spamming";
f. violates any applicable law;
g. misleads or deceives recipients/users as to the origin of such messages or communicates any information of a grossly offensive or threatening nature;
h. impersonates another person/entity;
i. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
j. threatens the unity, integrity, defence, security or sovereignty of Canada, friendly relations with foreign states or public order, or incites the commission of a punishable offence, impedes the investigation of an offence or insults another nation.
k. must not be false, inaccurate or misleading;
l. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade any item that is prohibited or restricted from trading under the provisions of any applicable law, rule, regulation or guideline currently in effect. Without limiting the generality of the foregoing, Inasbay.com does not permit trading in the following items, including, but not limited to, the categories listed under Prohibited and Restricted Items under General Policies and Rules, not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other providers;
m. shall not directly or indirectly link to any items, goods or services prohibited by the User Agreement or any other applicable law in force, including but not limited to the Medicines and Cosmetics Act, the Medicines and Magic Remedies (Inadmissible Advertisements) Act, the Canadian Criminal Code, the Indecent Representation of Women (Prohibition) Act, the Information Technology Act, as amended from time to time, and the Rules made thereunder;
n. are identical to other items that You have auctioned but are priced below Your item price, the item's reserve price, or the minimum bid amount; are simultaneously offered for sale on a website other than the ;
7.1.5. You represent and warrant that you are the sole and legal owner of all items, goods or products of any description you wish to offer for sale on the Website. You have the absolute right, title and authority to negotiate and offer for sale such items, goods or products.
7.1.6. If you become aware of a transaction or attempted transaction involving an item, good or service in violation of this User Agreement or applicable law, you shall take all necessary steps to notify Inasbay.com at info@Inasbay.com.
7.1.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act and the rules thereunder, as applicable and as amended from time to time, as well as all applicable national laws, rules and regulations (including the provisions of any applicable foreign exchange control laws or regulations) and international laws, laws, statutes, ordinances and international exchange regulations (including, but not limited to, Goods and Services Tax, Income Tax, Octroi, Service Tax, Central Excise Duty, Customs Duty and local levies) relating to your use of our Service and your bidding, listing, purchasing, soliciting bids and selling items or services.
You must not engage in any transaction involving any item or service prohibited by the provisions of any applicable law, including any applicable exchange control laws or regulations. In particular, you must ensure that if any of your items listed on the Website are considered an "antique" or "art treasure" within the meaning of the Antiques and Art Treasures Act ("Artwork"), you must indicate that such Artwork is "non-exportable" and sold subject to the provisions of such Act. You must ensure that it is not delivered to the Buyer (as defined in the "Purchase" section) outside Canada.
7.1.8. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or service sold or purchased on inasbay.com
7.1.9. From time to time, you will be required to provide information relating to the items or services you offer for sale. In this regard, you agree that all such information will be correct and accurate. You will not exaggerate or overstate the attributes of such items or services in a manner that would mislead other users. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene material on the website and that you may be unwittingly exposed to such offensive and obscene material. It is also possible that others may obtain personal information about you due to your use of the Website and that the recipient may use that information to harass or harm you. We do not condone such unauthorized use, but by using the Website, you acknowledge and agree that we are not responsible for using personal information that you disclose or share publicly with others on the Website. Please select the type of information you disclose or share publicly with others on the Website.
7.1.10. You will not attempt to circumvent or manipulate our fee structure, the billing process or fees owed to Inasbay.com as detailed and agreed to in the signed Merchant/Seller Agreement. You agree that you or any of your affiliates, subsidiaries, associated partners, to the best of your knowledge, officers, directors, employees or vendors, have not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Canadian law, including anti-bribery and other laws (e.g., the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or another economic benefit in cash or in kind. (Ex. Corruption of Foreign Public Officials Act "CFPOA"), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or another economic benefit in cash or in-kind of anything of value to or from any employee, official or agent of any governmental authority where such activity is illegal and in violation of applicable laws.
If you have reasonable suspicions that such conduct is occurring, you must immediately notify us and, if requested by Inasbay, provide us with information as Inasbay may reasonably require regarding such conduct. Inasbay shall also have the right to periodically audit merchants/sellers, if necessary, to verify compliance with the foregoing. Inasbay shall have the right to suspend or terminate the Services without prior written notice if it becomes aware of any violation by the User of the above representation and warranty.
8. Communication platform
The role of INASBAY.COM is that of an intermediary in the form of an online platform. It is limited to the management of the website to allow sellers to exhibit, advertise, display, offer for sale and offer their products and to allow buyers to purchase the products so offered, as well as other ancillary services to facilitate transactions between sellers and buyers. THEREFORE, THE CONTRACT FOR THE SALE OF ANY PRODUCT SHALL BE A TWO-PARTY CONTRACT BETWEEN THE SELLER AND THE BUYER. INASBAY' WILL HAVE NO OBLIGATIONS OR LIABILITIES AT ANY TIME CONCERNING THIS CONTRACT, AND INASBAY.COM WILL NOT HOLD ANY TITLE TO THE PRODUCTS. TITLE TO THE PRODUCTS AND ALL OTHER RIGHTS AND INTERESTS SHALL PASS DIRECTLY FROM THE SELLER TO THE BUYER.
8.1. Inasbay.com does not control, endorse or accept responsibility for any products (including, but not limited to, product catalogues) offered for sale, sold or purchased on the Website or any linked site. Inasbay.com makes no representations or warranties regarding, and shall not be liable for, Seller or third parties, their products, including representations regarding merchantability, the fitness of a product or service for a particular purpose, warranty regarding specific products, and non-infringement of third party intellectual property rights. Buyer's dealings with such third parties are at Buyer's risk. Products are subject to the seller's warranty, service and maintenance terms and conditions, and Inasbay.com accepts no liability. Inasbay.com also accepts no liability for the Buyer's use of the products.
8.2. Inasbay.com specifically disclaims any responsibility for illegal, counterfeit, fake, duplicated, spurious, defective or forged, refurbished, expired products purchased by Buyer from Seller and Inasbay.com shall have no responsibility if the product purchased or obtained by Buyer from Seller does not exactly conform to the specifications detailed in the order confirmation.
8.3. All commercial/contractual terms and conditions are offered and agreed upon between buyers and sellers. The commercial/contractual terms and conditions include, without limitation, price, shipping costs, payment methods, payment terms, date, period and method of delivery, warranties and after-sales services related to the goods and services. Inasbay.com has no control over, does not determine, does not advise, and is not involved in the offering or accepting of such commercial/contractual terms between buyers and sellers.
8.4. Inasbay.com is not responsible for the non-performance or breach of any contract between users (including the registered user or guest user). Inasbay.com cannot and does not guarantee that the users concerned will perform any transaction entered on the website. Inasbay.com cannot and is not required to mediate or resolve any dispute or disagreement between users.
8.5. Inasbay.com makes no representations or warranties regarding its users' attributes (such as legal title, creditworthiness, identity, etc.). You are advised to independently verify the bona fides of any particular user you choose to deal with on the website and to use your best judgment in this regard.
8.6 Inasbay.com does not guarantee that the selling price provided by the Seller of the product is accurate, appropriate and valid. Any error in the selling price will be attributed solely to the Seller and not to Inasbay.com. Pricing, product description and product availability are the responsibility of the Seller.
8.7. Inasbay.com does not take possession or title to any goods or services offered by Seller at any time during a transaction between Buyer and Seller on the Website, nor does Inasbay.com acquire title to or have any rights or claims to the goods or services offered by Seller to Buyer. Inasbay may provide fulfillment and logistics services to certain merchants/sellers but still does not take possession or title to any products or services sold.
8.9. Buyer expressly acknowledges that the Seller selling the defective Product shall be liable to Buyer for any and all claims Buyer may have in connection with such defective Product, and Inasbay.com shall in no event be liable for such claims.
8.10. The website is only where users can reach a larger base to buy and sell items or services. Inasbay.com only provides a communication platform. It is agreed that the contract for the sale of any product or service will be a strictly bipartite contract between the Seller and the Buyer. At no time does Inasbay.com have any right, title or interest in the items, and Inasbay.com has no obligation or liability concerning this sales contract. Inasbay.com is not responsible for the unsatisfactory or delayed performance of services or for damages or delays resulting from items that are out of stock, on back order or otherwise unavailable. All items are offered for a limited time and within the limits of the available supply offered by the sellers.
8.11. At no time shall Inasbay.com have any right, title or interest in the items and shall have no obligation or liability concerning this Agreement. Inasbay.com is not responsible for the unsatisfactory or delayed performance of services or for damages or delays resulting from items that are out of stock, on back order or otherwise unavailable.
8.12. You must independently agree on the terms and conditions of delivery, payment, insurance, etc. with other users with whom you transact.
8.13. You release and indemnify Inasbay.com and/or its shareholders, directors, officers, affiliates, employees and representatives from any costs, damages, liabilities or other consequences of the actions of users of the Website and specifically waive any claims you may have with respect thereto under any applicable law. Despite its reasonable efforts in this regard, Inasbay.com cannot control the information provided by other users that are made available on the Website. You may find other users' information offensive, harmful, inaccurate or misleading. Please use caution and practice safe commerce when using the Website. Please note that there may be risks in dealing with foreign nationals, minors or persons acting under false pretenses. Disclaimer: You acknowledge and agree to access the Website services and conduct transactions at your own risk. Use your best and prudent judgment before entering any transaction through the Website. We are not responsible for the actions or inactions of sellers, nor for any breach of conditions, representations or warranties by sellers or manufacturers of products. We expressly disclaim any liability in this regard.
10. Violation Without limiting other remedies, Inasbay.com may limit your activity, immediately delete your information or terminate your registration, notify other users of your actions, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website in the event of, but not limited to:
9. Buying All purchases on the Website are a firm commitment to purchase. If You are the purchaser of any item, you must complete the transaction with the Seller. By purchasing an item, You agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In the case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if You so desire. Inasbay.com strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Inasbay.com. Please note that if any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which law enforcement officials can use to identify You. If You are a registered Buyer on the Website, we encourage You to post feedback for the Seller after the transaction is closed. In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of Canada or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
10. Fulfillments and Shipping Inasbay.com, from time to time, may offer certain fulfillment services to Sellers. However, Sellers remain responsible for the overall shipping quality, delivery, and shipping cost. Inasbay.com may provide pick-up and delivery services to Sellers, but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time does Inasbay.com take title or ownership of any product or inventory. You may return the product purchased by You under our Return Policy as mentioned on our website. You hereby agree that we shall provide the refund for the returns made by You as Store Credit in the form of Rewards You can use these Rewards to purchase anything on Inasbay or even have them credited back to you. The Rewards shall be credited back to your original mode of payment upon request. For further assistance on the terms and conditions of Rewards, please visit: Reward points (inasbay.com)
11. Buyer Protection at Inasbay.com Inasbay does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to sell only genuine products to customers through Inasbay.com. All Merchants listing their products on Inasbay.com are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties and guarantees as entailed in the product by the Merchant/Seller to You, all at a great price and with the best customer service in the industry. It is, however, clarified that the Inasbay seeks to ensure the aforesaid only on a best endeavour basis and does not assure or provide any personal warranties or assumes liability or responsibility about the genuinity and authenticity of the products and/or the Seller for which the Seller shall be solely responsible and liable. Suppose Inasbay.com gains suspicion or knowledge that any of its members are involved in any activity intended to provide false claims or information that is false, misleading or not genuine. In that case, Inasbay.com may, while reserving its rights to initiate civil and/or criminal proceedings against a member, may also, at its sole discretion, suspend, block, restrict, cancel the user id of the Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program. Inasbay.com reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings aforesaid, Inasbay.com may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program. Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.
12. Selling/Advertising As a registered member, you may list item/s for sale/advertising on the Website under the Listing Policies more fully detailed at Inasbay.com under General Policies and Rules//Inasbay.com/policies-and-rules.html, which Policy is incorporated by way of reference in this Agreement. You represent that You are legally allowed to sell/advertise the item(s) You list for sale/advertising on Inasbay.com. You further agree to ensure that the products sold/advertised by You through Inasbay.com are genuine and are not counterfeit, stolen/ spurious /grey channel, or knock-off items. You further agree to ensure that the items/products listed by You on Inasbay.com do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties. You acknowledge and understand that "Listings" may include text descriptions, graphics, and pictures describing your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if You are:
(i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public with having an association with the registered trademark) of such third party to Your goods or their packaging;
(ii) offering or putting for sale or stocking the goods under the said trademark; or
(iii) using the said trademark in advertising Your product. You acknowledge that if Inasbay.com receives any genuine claim from any person through the Report Abuse section of Inasbay.com (terms of which are incorporated herein by reference), Inasbay.com may, in its sole discretion, block Your merchant/user account and/or remove the products listed by You on Inasbay.com, without any prior notice to You. Inasbay.com would, however, provide You with a post facto intimation regarding the same. You agree that You shall have no claim against Inasbay.com in this regard, and the decision of Inasbay.com, as aforesaid, shall be binding on You. You further agree to ensure that the listing description of the item must not be misleading and must describe the actual present condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, you agree to replace the product delivered to the Buyer with the correct product and/or refund any amounts that You may have received from the Buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the Website. Inasbay.com reserves the right to delete such multiple listings of the same product listed by You in various categories. 13. Payments Inasbay.com uses third-party payment providers to receive payments from the Buyers on the Seller's behalf. Inasbay.com is not responsible for delays, erroneous transaction execution, or cancellation of orders due to payment issues. Inasbay.com takes utmost care to work with 3rd party payment providers but does not control their systems, processes, technology, and workflows; hence cannot be held responsible for any fault at the end of payment providers. Further, Inasbay.com does not release the payment to Sellers until the Buyers have received the order and are satisfied with it. Inasbay.com shall only make payments to the Sellers subject to the realization of payment received from the Buyer to Inasbay.com. The Seller payment is typically net of the service fee charged by Inasbay.com for its services and after the deduction of applicable withholding taxes (if any).
14. Feedback We encourage Registered Buyers on the Website to provide feedback to the Sellers after the transaction has been closed; this helps other Users to know the performance level of the said Merchant/Seller. Please remember that You cannot retract the feedback once You have provided it. Further, You agree that the feedback You provide to the Website shall be deemed to be non-confidential and will be displayed along with Your user ID. Inasbay.com will not be responsible for the feedback you post on the Website. You should be careful in making comments that are not factual and should not post defamatory or illegal or offensive/obscene content, for which You shall alone be liable. You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, Inasbay.com reserves the right to suspend Your membership, and You will be unable to list, buy or bid on the Website. You agree that Your feedback shall not contain confidential or proprietary information about You or third parties. Export - As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, You agree that You shall not market or export Your Website feedback rating in any venue other than on the Website. Import - We do not provide the technical ability to allow You to import feedback from other websites to Inasbay.com. A composite number without the corresponding feedback does not reflect Your true online reputation within our community.
15. No Warranty
FURTHER, INASBAY.COM SHALL NOT BE HELD RESPONSIBLE FOR THE NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND INASBAY.COM 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK. THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. INASBAY.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. INASBAY.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS CONCERNING ANY INFORMATION PROVIDED TO YOU, WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
16. Limitation of Liability n no event shall Inasbay.com or its suppliers, affiliates, service providers and their respective officers, directors, employees, or partner be liable for any direct, indirect, incidental, special, incidental, consequential, exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with Your use of or access to the Website, its services, content or this agreement (however arising, including negligence). InasbayInasbay.com's entire and aggregate liability in any circumstance, including these terms and conditions, shall not exceed the greater of Canadian Dollars One Hundred (INR 100) or the amount of fees, if any, paid by You to Inasbay.com under the relevant order to which the cause of action for the liability related. Inasbay.com, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted. Consequently, Inasbay.com assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
17. Indemnity You agree to indemnify and hold harmless Inasbay.com and (as applicable) Inasbay.com's parent, subsidiaries, affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Inasbay.com, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, Inasbay.com Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party. Inasbay may notify You of any claims which You shall be liable to indemnify Inasbay.com against. You will then be required to consult Inasbay.com regarding the course of action to defend such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Inasbay.com without the express prior written consent of Inasbay.com, which can be withheld, denied, or conditioned by Inasbay.com in its sole discretion.
18.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Inasbay.com, and You shall have no authority to bind Inasbay.com in any manner whatsoever.
18.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Inasbay.com to 490 Bd Cure-LaBelle, Suite 100 Laval, QC H7V 2T1 Canada (in the case of Inasbay.com) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
18.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and Inasbay.com concerning the subject matter hereof.
18.5. Assignment: You cannot assign or otherwise transfer this User Agreement or any rights granted hereunder to any third party. Inasbay.com may transfer its rights and obligations (also known as "assign") under this Agreement without Your prior express consent, provided that Inasbay.com assigns the Agreement on the same terms or terms that are no less advantageous to You.
18.6. Dispute Resolutions: Generally, transactions are conducted smoothly on Inasbay.com. However, there may be some cases where both the Buyers and Sellers may face issues. At Inasbay.com, we have a Dispute Resolution process to resolve disputes between Buyers and Sellers. A 'Dispute' can be a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arising from an issue raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved. How is a 'dispute' resolved? Whenever there is a disagreement relating to any transaction, the users can write to disputes@Inasbay.com to raise a dispute. Once either party raises a dispute, Inasbay.com shall try to mediate and resolve the matter amicably.
20. Arbitration If any dispute arises between You and Inasbay.com during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Inasbay.com. The place of arbitration shall be Laval, Canada. The arbitration proceedings shall be in English and governed by the jurisdiction of courts at Laval, Canada.
21. Governing Law The User Agreement or the documents they incorporate by reference shall be governed and construed under the laws of Canada. All disputes arising under this Agreement between You and Inasbay.com shall be subject to the exclusive jurisdiction of courts at Laval, Canada.