When using either of the functions or services of the Website, any legal entity (hereinafter, the Seller) shall follow the rules and restrictions, set out in this agreement (hereinafter, the Agreement). This Agreement is a public offer.
This Agreement is public, and its terms are equal for all the sellers of the goods or services placed on ND MARKET platform. Annexes constitute integral parts of this agreement. By accepting the below-mentioned terms, any legal entity (the Seller) undertakes to comply with the terms and conditions hereof. Fact of the Seller’s use of the website www.ndmarket.co and its free-of-charge and/or paid services, fact of the completion of the registration by Seller on the said website, fact of the placement by Seller of the goods or services, announcements, participation in purchase or sale, shall mean a full and unconditional acceptance of the terms and conditions of a public agreement.
The fact of the use of the website by the Seller deems to be acceptance of the terms of this Agreement and occurs at the time of the commencement of such use, namely, the Seller links to its address using a web browser or any other program and / or technical devices enabling the display of the content of web pages site. If the Seller for some reason does not agree with the terms of this Agreement in whole or in part, the Company asks him to leave this website. If the Seller continues to use the website, it means that the Seller is familiar with this Agreement, understands and accepts its conditions in full, without any exceptions and reservations, and undertakes to comply with them fully.
Terms and its Meanings
In this Agreement, unless otherwise required by context, the below-mentioned terms shall have the following meanings:
Website (ND MARKET platform, service) means a website www.ndmarket.co , which constitutes a communication platform for the placement of information on the goods and services by the seller.
Invoice means a document on the basis of which a client of the company pays for its services or goods purchased. It contains the details of the contractor or seller, by which the payer makes the transfer, as well as the list of services rendered or goods supplied.
Authorization means an entrance into the Seller’s Profile, which consists in specifying the login and password in the corresponding fields of the web page registered by the user and by clicking the “Log in” button. The authorization on the website confirms the acceptance by the Seller of the terms of this Agreement.
Verification means the procedure for checking the data entered by the Seller during registration using the algorithm - by comparing them with the requested data, documents, statements, etc.
User Agreement (the Agreement) means this Agreement, which governs the relationship between the website www.ndmarket.co and its Users, Sellers. User, intended to use the service .ndmarket.co, shall accept the terms and conditions of the Agreement.
Dialog Box means the System function, designated for direct prompt exchange be messages between the Buyer and seller.
Seller Profile Deactivation means technical and organizational actions taken by the ND MARKET Team or the Security Service and aimed at restricting or suspending the Seller’s ability to access the Website’s services from his profile. The blocking of the profile is carried out with the aim of prevention and as measures against offenses on the ND MARKET platform and breaches of the Agreement in the manner, prescribed herein.
Seller Profile means the system built into the software part of the ND MARKET website, which allows taking into account and representing the Seller, information on the amount of available tokens, individual messages. The cost of prepaid services and goods is expressed in EURO and ND INVEST LTD tokens - NDCOIN. The seller's virtual account is not a bank account or electronic money accounting system.
Goods Placement means the Seller’s actions with the website related to indicating and publishing on ND MARKET information on the goods and/or services that the Seller would like to offer for sale to other website users with maximum discounts. Goods on ND MARKET may be goods or services, the sale of which is not prohibited or restricted, and is not contrary to this Agreement. Goods or services are placed only with maximum discounts, which are different from the prices on the official website of the seller. The cost of goods must be at least EUR 1,000 from the original value declared by the seller.
Counterparty means either of the parties to transaction made between the Buyer and Seller on ND MARKET.
Cryptocurrency means peer-to-peer electronic currency that does not have a single centralized issuer and is distributed directly between the holders of such currency.
Transaction means an agreement for assignment of the title to the goods made between the Users of ND MARKET platform.
"ND INVEST LTD" means a legal entity, incorporated under the laws of the Republic of Cyprus at 8025 Paphos Cyprus Anavargos Ieremiou 47.
Preliminary Agreement means an agreement, whereby the parties undertake to enter into further services or property sale contract on the terms and conditions, provided for by the preliminary agreement.
Buy – means the key indicating the possibility for the Buyer in the search process to purchase the product instantly at a fixed price, subject to discounts, determined by the Seller when placing the goods.
Current Goods Value means the key giving the opportunity to review the amount of ND COIN accumulated from views of the goods by other users
User Login (User Nickname) means the Seller’s identifier on the website, which serves for his identification in the system and for access to the Seller’s Profile, and for other purposes, set out in this Agreement.
COD means delivery and Goods payment method, according to which the condition of receipt of the Goods by Buyer from delivering entity shall be payment of the Goods through that entity.
Buyer means the user that buys the Goods or service via ND MARKET.
User means an individual or legal entity, which obtains access to ND MARKET platform services due to passing the special procedures and taking actions, and depending on actions taken by it, may participate in purchases, and upon further registration and placement of the goods into the platform becomes the seller, and when using the other options of ND MARKET platform in accordance with the terms and conditions of this Agreement.
Seller means the user (legal entity), which publishes an offer for sale of the Goods or provision of the service (Goods owner) via ND MARKET platform.
Registration means the procedure for creation of the Seller’s Profile on ND MARKET platform, in the course of which the Seller gives information, required for using the Website services, in the system by filling out the forms of the web pages. Acceptance by the user of the terms and conditions hereof is an obligatory stage of the registration procedure.
Rating means the system of conditional assignment of indicators to Sellers in order to identify the most distinguished one with the most successfully executed transactions and, accordingly, with the highest level of trust. Sellers Rating is taken into account with the help of feedbacks posted by unique Counterparties.
Goods Sale Transaction (Transaction) means a deal to be made via ND MARKET platform by Seller and Buyer for the purpose of commodity-money exchange between themselves. The conditions of the transaction are to be determined by Seller and Buyer, subject to the terms and conditions hereof.
Fiat Currency means money issued by state and determined as a legitimate payment instrument in its issuing country.
Funds mean the Fiat Currency and Cryptocurrency, used in making the Transactions.
Goods, Service means thing or title owned by Seller, being the sale subject on ND MARKET platform, in accordance with this Agreement.
Force Majeure means any of the following circumstances affecting buyers and sellers: natural disaster, volcanic eruption, (natural) disaster, fire, war, military actions, or any local or national disaster, occupation, submission to any order or request of any national, regional, port or other public official body, government measures or intervention, military action, civil war or acts of terrorism, (biological, chemical or nuclear) explosion, insurrection, mass riots, strikes, civil unrest (either material or important threats or reasonable expectation of any other upcoming events), reduction in transport services, the closure of airports or any other exceptional and catastrophic event, circumstance or critical situation that makes it impossible, illegal or impeding conditions for buying or selling goods placed on ND MARKET platform.
Terms, used for designation of the website functions, its functional elements, sections, and certain services, are used as in website interface.
This Agreement is made by and between the Company "ND INVEST LTD" and Seller as a public agreement (offer) for rendering the services, the text of which is on the company’s website at www.ndmarket.co.
All messages, notices, claims and any other correspondence sent to each other by the Parties shall deem duly given in electronic form via e-mail, as well as in the form of messages within the website, provided for by its functional features, method (Dialog Box, community messages , forum, feedback form, company publications, teams, etc.). Correspondence is also considered to be duly sent, if it is sent by the Parties in writing with the necessary details.
“Platform” may be used in the Agreement and/or other sections of ND MARKET website exclusively for convenience, and in no event shall it be interpreted as the term “bidding, auction”.
SELLER REGISTRATION AND GOODS PLACEMENT ON THE ND MARKET PLATFORM BY SELLER FREE OF CHARGE.
2.1. Any legal firm may be used by Seller on ND MARKET platform.
2.2. The Seller must read and accept all the conditions contained in or indicated by reference in this Agreement. The Seller is advised, once he has read this Agreement, to read the information, to which it contains links, as well. Any user actions, including (but not limited to) registration, authorization, purchases on the website, placement and change of the goods, dispatch of message, change of data, are confirmation of his full acceptance of this agreement.
2.3. The Seller undertakes to keep personal data, stated in the appropriate page in “My profile” section, up-to-date. When registering, the seller must provide a link to his website or other source, where the initial cost of selling his goods or services will be visible.
2.4. The Company is entitled to demand from the Seller appropriate documentary evidence of the data entered at the time of registration, as well as in the event of its change in the future. The procedure for the provision and the list of the required documents is indicated in the relevant request of the Company to the Seller. The Company is entitled to deny the use of the website and the provision of the Services if the required documents are not provided in the said manner, and if the documents provided contain data that does not confirm the data entered by the Seller.
2.5. Procedure for processing the Seller data by Company and the conditions of its placement on the website, terms and its meanings, as well as other provisions pertained to information data exchange between the users and Company are prescribed in Confidentiality Annex (on the website at: (www.ndmarket.co ) to this Agreement.
2.6. When specifying the login by Seller, it is prohibited to use:
ND INVEST LTD, ND MARKETand its variations, and any other information attributable to the Company;
2.7. Mutual honesty, decency and politeness of Counterparties users is a fundamental condition for using the ND MARKET platform
2.8. The Seller is given the opportunity to edit and delete the data entered by him when registering the profile. Access to review and other contemplated operations with user data is obtained by the User after the Authorization procedure.
2.9. The profile Verification procedure allows the Seller to take part in placing goods on the website for sale and making deals with other users related to the sale of their goods and services. The user who places goods for sale and its further sale to other website users is referred to as the Seller within the framework of relations connected with this sale and placement of the goods for sale.
2.10. The Seller is prohibited to transfer or lease the Profile (information required to access the Seller Profile) or sell to third parties. In case of violation of this condition, the Seller is fully liable for any actions taken by persons to whom he has transferred information on access to the Profile, including civil and/or criminal.
2.11. Seller shall not have more than one registered profile on the website.
It is strictly prohibited to:
register the Seller Profile with an existing blocked (deactivated) profile.
place one product using multiple Seller Profiles.
2.12. All photos, images, collages, graphic materials published on the ND MARKET platform pages, on social networks, community, forums, blogs, other Internet resources cannot be and are not official advertising, unless it is stated as an advertisement of the Company in any publications. All these materials are created or provided by individual users and belong to them as authors. These materials are posted or published at their personal request or with their personal permission, as the author. All published graphic images bear exclusively the personal opinion of the author and his personal value judgment, which may not always coincide with the opinion of the Company.
2.13. We do not seek and do not intend to render services to the Seller, which violate the laws of his jurisdiction. By accepting the Agreement, the Seller confirms and guarantees that the use of the Website complies with the laws and regulations in effect in the territory of his jurisdiction. We are not liable for the illegal use of the Website services.
2.14. All liability for the discharge of taxes and fees imposed on any actions and profits gained from the use of the Website lies with the Seller. In cases where, according to the laws of a particular jurisdiction, all liability for the preparation of documentary statements lies with the Seller.
2.15. For legal reasons, we do not accept users from the following countries: Iran, North Korea, Sudan, and Syria. Persons residing or staying in the territory of these countries are not allowed to open accounts or deposit funds on the Website. Changes are possible in the list of jurisdictions, and they can be made by the Company without prior notice to users. You agree that you will not open an account or transfer funds to it, being in one of the jurisdictions listed above.
3. RULES AND RESTRICTIONS FOR PLACEMENT OF THE GOODS FOR SALE.
3.1. The Seller shall not to place the goods for sale (nor offer as a free supplement to goods on any conditions as well), sale of which violates the law or the rights of third parties (including copyright and other intellectual property rights) and is solely responsible for such actions.
3.2. By placing the goods for sale, the Seller confirms the fact that he has the right to sell such goods in accordance with the established requirements, observance of the order and conditions of its sale, availability of the required documents, including authorizations.
3.3. The Seller is prohibited to place the goods, listed in the Annex 1. Goods, for sale.
3.4. The Seller is fully liable for the goods placed and the obligations assumed in the transaction with the Buyer and cannot transfer the responsibility for the availability and compliance of the Goods to third parties (suppliers, manufacturers, etc.).
3.5.. The Seller shall not to place the goods for sale, which violate existing laws or the rights of third parties (including copyright and other intellectual property rights) and is individually liable to such persons in the event of its violation. By placing the goods for sale, the Seller acknowledges the fact that he has the necessary permits and the right to sell these goods. The User may review the list of prohibited Goods or services in Appendix No. 1 (at www.ndmarket.co to this Agreement).
The Company is not liable for the description of the Goods or for the Goods itself, sold by the Seller.
3.6. The Company is not a party to transactions between Counterparties and does not guarantee that the Seller and the Buyer will be able to conclude and execute the Goods Sale Transaction.
3.7. For placing the Goods for sale, the Seller provides the Company with a perpetual, non-exclusive, free right without restriction by territory on the use of information, publication, collection, display, copying, duplication, reproduction, communication to the public of copyright items, publications and databases in possession of the Seller, as well as information, images and photos given by him. Any title is reserved by the Seller. The Seller agrees that the text on the sale of the Goods, photographs and other materials may be used by the Company at its discretion, including those posted on other websites, without additional consent from the user, without fee.
3.8. The Seller shall not place the goods on the projects, related to activity being contrary to the laws.
3.9. The Seller shall notify of the goods recall from the platform at least 3 business days in advance.
4. GOODS DESCRIPTION FORMATION PROCEDURE.
4.1. The goods that the Seller placed on the ND MARKET platform must contain a detailed and reliable description of the Goods offered for sale. In the text part of the description, all the properties of the Goods that are relevant when the Buyer selects the goods, such as condition, description of defects (if any), technical description, color, purpose, etc., shall be correctly indicated.
The Seller is liable for the accuracy and completeness of the description of the Goods. Information related to the origin of the Goods or its manufacturer shall be available, detailed and may not mislead the Buyer.
4.2. The Goods description should contain the following information:
• full description of the Goods, its condition, functional purpose and origin.
• quantity of goods.
• cost of goods.
• terms of payment for the Goods.
• whether the Goods are in stock or to order.
• Purchase Documents. Before submitting an offer, the parties must carefully read the sales contract, any applicable attachments and other transaction documents (hereinafter referred to as the “Purchase Documents”).
4.3. Description of the Goods shall be executed in the Seller’s language.
4.4. The Seller is liable for the information published by him in the description of the Goods and for any violations committed by him during its publication.
4.5. The goods offered for sale on the ND MARKET platform are systematized by the Company according to the features in Categories. When placing the Goods, the Seller is obliged to indicate the category available on the website to which this product belongs, in accordance with generally accepted concepts and principles. Goods to which the Seller has assigned a category that does not match the description or type of the Goods, the Company can edit by assigning another category available on the website, or notify the Seller of the need to select the correct category.
4.6. The Seller has the right to place the goods and information on the sale of the Goods only once, assigning it with one category.
4.7. The description of the Goods must be unambiguous and understandable to all Users. The period during which the service is available for the Users to participate therein (from the placement of the Goods for sale until the sale transaction is concluded between the Seller and the Buyer) should not affect the final cost of the Goods, its qualitative and quantitative Cryptocurrency means
automatic link to another page (also as part of the ND MARKET platform service) at the time of opening the page with the description of the Goods or service
automatic opening of new view windows (such as pop-up).
automatic opening of dialog boxes (for example, using the alert, cofirm, prompt methods) at the time of opening the page with the description of the Goods.
opening of parts of other pages (for example, using IFRAME, OBJECT) with a description of other Goods, lists of lots
movement, blocking, closure or duplication of permanent page elements with the description.
influence in any way on the outcome of the transaction.
click generating, including "cookie".
4.9. The description of the Goods, the technical condition of which is not good, defective or unknown, should contain the phrase “the goods are defective” or “the technical condition of the goods is faulty” and the parameter “Faulty”, “With mileage”.
4.10. Goods, which constitute intellectual property, being in electronic form (for example, text, audio, video works, computer programs, etc.) should not be sold in electronic form without physical medium. The description of these Goods should indicate that the delivery will be made on a physical medium (flash, CD, DVD, diskette, etc.). The only exceptions are cases where the Seller holds the copyright to these Goods.
4.11. The Goods “In Stock” option is indicated if the following conditions are met:
at the time of placing the Goods for sale, the goods are located in the Seller’s territory.
before placing the Goods, the Seller has the opportunity to carry out a pre-sale quality inspection of the Goods in order to discover defects.
If one of these conditions is not met, it is necessary to indicate "To order", and delivery time shall be specified in the description of the Goods.
4.12. In the case of the sale of used Goods (test samples) or defective Goods, the Seller is obliged to set out in detailed and accurate information on the goods and its defects.
4.13. The Seller is obliged to indicate the location of the Goods. If the Goods are ordered, the Seller is obliged to receive the Goods at his address, check the quality / good condition of the Goods, and then send it to the Buyer. Delivery of Goods to the Buyer is calculated only at the rates of courier / postal services from the Seller’s location to the Buyer.
4.14. In the “Delivery” section, only the cost of delivery to the buyer is indicated, according to the rate of the carriers. It is prohibited to include additional payments (packing costs *, delivery to the office of the carrier company, petrol, etc.) in this section. If the actual delivery cost is less than paid by the buyer, the buyer is entitled to demand the repayment of the difference from the Seller. Deliberate overpricing of the delivery by the Seller leads to the first warning and deactivation of the account.
*inclusion of the packaging cost is possible only in the case of packing at the courier service and specifying the packing cost in the shipping receipt.
4.15. Exhaustive information on available delivery methods is indicated in the “Delivery” section.
4.16.1. Goods value is indicated in EUR.
4.16.2. Adding additional charges to the final price of the Goods, other than payment for delivery, is not allowed..
4.16.3. Payment of the bank commission for the transfer of funds shall be made by the buyer.
4.16.4. The payment of the bank commission for crediting funds to the Seller’s account or card shall be made by the Seller (unless otherwise provided by description of the Goods).
4.17. If the description of the goods "to order" indicates the delivery method "at the meeting" or "Pickup", the Seller is obliged to describe the conditions of commodity-money exchange (including the exact location of the Goods) in the description of the Goods.
4.18. In the category "cars" it is allowed to place the car with a choice of colors and completeness of set. The Seller is liable for availability of the Goods, including a certain color and completeness of set. When placing a car on motorcycles or other vehicles, the Seller is obliged to indicate a complete set.
4.19. The description of the Goods published by the Seller should not:
• contain inaccurate, false, misleading and unconfirmed information.
• violate the rights of the parties to the transaction, the Company or third parties.
• be of advertising nature without the purpose of publishing the Goods offer for the sale (promote the goods and services of third parties or ndinvest.ltd) or to be used for communication with other Users or third parties.
• mislead the Buyer.
• serve as a means of manipulating search results on the Website and relevant Internet search systems
• contain contact information (phone numbers, bank cards, e-mail, etc.).
contain information and links to pages, which contain advertising information of other Users or third parties.
contain information and links to pages, which may contain advertising information of other User/s (other than delivery combination).
contain information on the possibility of purchase the Goods from the Seller outside the ND MARKET platform.
contain offers for a different purchase or exchange.
contain information, which is not attributable to the goods placed.
contain information related to abuse, racism, xenophobia, as well as incitement of ethnic conflicts.
contain unintelligible, automatically generated text.
contain the number of grammatical and orthographic mistakes, which make the description text inaccessible for reading and / or understanding by other Users.
4.20. The Company is entitled to take the following actions with the Goods placed by Seller:
4.20.1. delete, archive or edit the goods, which descriptions breach the terms of this Agreement. At its discretion, the Company informs the Seller of the removal or editing of the Goods placed by him
4.20.2. delete, archive the goods, description and sale of which via ND MARKET platform may adversely affect the business reputation or project activity
4.20.3. edit the goods, assigning it to other categories at its own discretion
4.20.4. delete, archive the goods of the Seller, whose actions breach this Agreement or its Annex.
4.21. The description of the Goods includes all information posted by the Seller on the page of the Goods being sold and related to the goods (services) being sold, including (but not limited to) the photos of the Goods, information on the quantity of the Goods, condition, functional purpose, cost of the Goods, terms of payment for the Goods, conditions of the delivery of the Goods to the recipient, availability, location, conditions of warranty and return, etc.
5. OTHER ACTIONS, PROHIBITED ON THE WEBSITE:
5.1. On the Website it is forbidden to use aggressive or abusive communication, profanity, threats and any violent actions against the employees and other users of the Website.
5.2. It is forbidden to upload information on the Website to the extent that may cause the Website to malfunction and to take any other actions that may affect the operation of the resource. In this case, it means viruses, malware, mass mailing and spam - all of the above is strictly prohibited. Furthermore, the users are not allowed to delete, modify and edit information posted on the Website.
5.3. The Seller may use the Website solely for the purpose of selling the Goods. It is forbidden to copy the Website in whole or in any part of it without the written consent of the Company.
5.4. The Seller promises not to take actions aimed at hacking the Website’s security system, unauthorized access to sensitive data or DDoS attacks. In relation to users suspected of breaching this rule, the appropriate measures will be taken: a total ban on access to The website and blocking of the account. Moreover, we have the right to inform the responsible authorities about the illegal actions of the Seller.
5.5. The company is not liable for losses and damages, which may be suffered by our users or third parties due to technical failures provoked by virus attacks or other malicious actions directed to the Website.
5.6. It is strictly forbidden to transfer and sell the account of one user to another one.
6. TERM AND TERMINATION OF THE AGREEMENT:
6.1. The Company is entitled to delete the Seller’s account (nickname and password) without prior notice in the following cases:
6.1.1. The Company is entitled to suspend provision of the services to all the user and sellers or certain seller and user.
6.1.2. The Seller’s account is connected somehow with earlier deleted account.
6.1.4. The Seller engages in criminal conspiracy or attempts to hack the system.
6.1.5. The Seller tampers with the Website software or attempts to manipulate it.
6.1.6. The Seller uses his account for the purpose, which may be qualified as illegal, under the laws of a certain jurisdiction.
6.1.7. The Seller publishes on the Website information of abusive ordemeaning nature.
6.2. The Company is entitled to close the Seller’s account or terminate the Agreement by giving the appropriate notice at the address, set out in the contact information.
7. CHANGES ON THE WEBSITE.
7.1. The Company is entitled to make change or add the services offered on the Website at any time, at its sole discretion, in order to maintain and update the resource.
8. SYSTEM ERRORS.
8.1. If the Website fails, the Company will try to cure the situation as soon as possible. The Company is not liable for any problems in the information technology tools, arisen as a result of the equipment, used by the Seller to access the Website, as well as for failures in the work of Internet providers.
9. COMPANY LIABILITY LIMITATION.
9.1. The Seller shall solely decide whether to use the Website’s services or not, and any actions and its consequences are the result of the Seller’s personal choice, made at his own discretion at his own risk and peril.
9.2. The Website is operated in accordance with the clauses of this Agreement. The Company does not provide any additional guarantees or representations in relation to the Website and the services offered therein, and we hereby disclaim our liability (to the extent provided for by law) for any implied guarantees.
9.3. The company is not liable for offenses, negligence, costs, damages and losses, which the Company cannot foresee at this time.
9.4. The Company is not liable for the content of resources, which can be accessed via this Website.
10. BREACH OF THE TERMS AND CONDITIONS.
10.1. The Seller shall reimburse the Company for any costs, claims and expenses (including legal fees), which may arise due to the breach of the terms of the Agreement.
10.2. The Seller agrees to fully indemnify, hold harmless the Company, its partners, employees and directors against any claims, liability, costs, losses and expenses incurred due to:
10.2.1. breach by Seller of the terms and conditions of the Agreement.
10.2.2. infringement by Seller of the laws and rights of third parties.
10.2.3. access to the Website’s services by any other person using identification data of the Seller with or without his consent.
10.3. In the event that the Seller breaches the terms and conditions of the Agreement, we are entitled to:
10.3.1. notify the user that by his actions he breaches the terms of the Agreement, and require to suspend the prohibited actions immediately.
10.3.2. suspend the Seller’ account temporarily.
10.3.3. block the Seller’s account without prior notice.
10.4. The Company is entitled to cancel the nickname and password of the Seller, if the Seller breaches any of the clauses of the Agreement.
11. CONCLUSION AND PERFORMANCE OF THE GOODS SALE TRANSACTIONS BY SELLER AND BUYER. DUTIES OF THE PARTIES TO TRANSACTION.
11.1. The date of the conclusion of the Goods Sale Transaction between the Seller and the Buyer deems the date of signature of the preliminary purchase agreement, by clicking the “BUY” button and the buyer’s payment of at least 6% of NDCOIN tokens in the ND MARKET program. All the essential terms of the transaction related to quality, completeness, terms of delivery, type and method of payment for the Goods, the Seller and the Buyer agree before clicking the “buy” button taking into account the conditions provided for by preliminary agreement. A transaction made in violation of these conditions will not be considered concluded within the framework of the ND MARKET platform.
11.2. The company is not a party to the transaction between the Buyer and the Seller and is not liable for the obligations of the parties thereto. Users shall solely and fully be responsible for the transactions proposed in relation to the Goods and concluded in connection therewith, for selecting Counterparties for the transaction and the consequences arising out of the transaction. All the transactions are to be concluded between the Seller and the buyer directly.
11.3. All the essential terms of the transaction are set by the Seller in the description of the Goods in the preliminary agreement and are subject to acceptance by the Buyer accepting its conditions. Additional terms of the transaction may be determined by the Parties by mutual exchange of electronic messages by email or by signing the Agreement.
11.4. The Buyer and the Seller undertake to contact each other and confirm all the essential terms of the preliminary agreement within 5 days from the date of purchase, namely:
11.4.1. the Goods delivering costs (at whose expense it is carried out), its terms for payment for the Goods.
11.4.2. confirmation by the Seller of the availability of the Goods, offered for sale.
11.4.3. method of payment for the Goods (prepayment, payment upon receipt, COD), if the prepayment is agreed, confirm the details of the bank account of the Seller, as well as make sure that the details (including the company name) correspond to the profile information.
11.4.4. either of the following Goods payment methods:
other payment method, which is not prohibited by applicable law.
11.4.5. either of the following commodity-money exchange methods:
prepayment: if prepayment is made, then until delivery/transfer of the Goods to the Buyer the latter one is the lender, and the Seller shall be the borrower accordingly;
collect on delivery or cash on delivery;
11.4.6. availability of warranty service, conditions for inspection of the Goods by the buyer and conditions for return.
11.4.7. The parties shall conclude the master contract of sale, the terms of which are defined in the preliminary agreement.
11.4.8. The master contract will be concluded by the Parties within 5 days of signature of this Preliminary agreement and payment of the deposit. Payment term may be extended by agreement of the parties.
11.4.9. The term for payment of the principal amount under the master contract is not later than 5 days of payment of the deposit. The term for payment may be extended by mutual agreement of the parties.
11.5. The Buyer and Seller shall fulfill the following conditions when making a transaction between them:
11.5.1. The Seller and Buyer shall get in touch within the term, not exceeding 5 days (inclusively) of completion of the transaction (deposit payment). If at least either of the parties to the transaction does not get in touch within the said term, the transaction is considered to be null and void.
11.5.2. The buyer is obliged to make payment for the Goods (if an advance payment is agreed), notify the Seller of its making and inform the data for delivery within the term, not exceeding 5 calendar days of signature of the preliminary agreement, unless otherwise agreed by the parties in writing.
11.5.3. The Seller shall ship the Goods (handover, if the parties have agreed to hand over the Goods directly) to the Buyer no later than 7 calendar days once the Buyer has paid for the Goods, if the Goods is "In stock" and the payment method is "Prepayment". If the payment method "Cash on Delivery" is specified, the Seller undertakes to dispatch the Goods no later than 7 calendar days of completion of the transaction, unless otherwise specified in the description of the Goods. If the option "To order" is specified, the Seller is obliged to indicate the delivery term in the Description of the Goods and to deliver within the specified term.
11.5.4. when purchasing goods or services, the buyer undertakes to pay the Seller a deposit in the amount of 6% in NDCOIN tokens to the company's cryptographic wallet.
126.96.36.199 the amount of 6% paid by the buyer by NDCOIN tokens of the cost of the Goods or service offered on the ND MARKET platform in the company ND INVEST LTD for rendering the service to the Seller. This amount is included in the price of the Goods placed by Seller on the company's website.
188.8.131.52 an amount exceeding a deposit of 6% in NDCOIN tokens shall be transferred to the Seller’s wallet once the Buyer has confirmed receipt of the Goods purchased.
11.5.6 The amount of 6% is included in the price of the Goods or services offered by the Seller on the company's website. The Seller solely chooses the ability to get tokens out in fiat currency or in NDCOIN tokens.
11.5.7 In case of breach of the terms of the agreement, the Seller undertakes to repay the Buyer all the funds in double amount of the deposit within two calendar days of discovery of the breaches.
11.5.8 in case of breach of the terms of the agreement by the Buyer, the company undertakes to repay the Seller 50% of the funds deposited by the Buyer in NDCOIN tokens as a deposit within seven calendar days of breach (this is 3% if the deposit is 6% of the Goods price).
11.5.9 The company is entitled to refuse the Users, who have not complied with the instructions of the Company to resolve the dispute, to maintain and block the profile, delete it and terminate the Agreement unilaterally.
12.6. RISKS AND CONSEQUENCES OF DEFAULT:
12.6.1 Due diligence. The liability of each Buyer is to conduct own due diligence and investigate all the issues related to each property in which the Buyer is interested, including, inter alia, legal issues, physical condition and attributes, environmental issues, economic issues, encumbrances and all other aspects. The Buyer shall coordinate any such inspection with the Seller. In some cases, the Seller may not be able to provide physical access for inspection, and parties may accept the Seller’s offers, respectively, at their own peril and risk. All offers should be based solely on the Buyer's independent due diligence and any information contained in the Purchase Documents.
12.6.1. The Seller and the Buyer agree that by entering into a transaction, each of them acquires the right to require the other party to fulfill obligations to pay or deliver the Goods on the basis of the preliminary agreement - depending on which party to the transaction is the Seller or Buyer. Failure by the parties to fulfill their obligations is the basis for occurrence of civil liability (including but not limited to debt collection, interest payments, penalties, etc.), as well as other types of liability provided for by current legislation.
12.6.2. Risks of loss or damage and / or damage to the Goods during the delivery process are borne by the Seller. The date of transfer of risks shall be considered , when the Buyer receives the Goods from the person delivering the goods in a proper manner.
12.6.3. The obligations of the Seller to deliver the Goods are considered to be overdue after 7 calendar days of receipt of the Buyer's payment to the account of the Seller (unless conditions are specified in the additional agreement). Such a situation may serve as a basis for the occurrence of civil liability of the Seller (including but not limited to debt collection, interest payments, penalties, etc.), as well as other types of liability provided for by current legislation.
12.6.4. If the Goods sent by the Seller were delivered to the Buyer (or to the point of issuance of mail items, depending on the arrangements of the parties and the terms of service of the organization delivering the goods), and the Buyer was notified to that end (received the details required for receiving the Goods, the parcel number, etc.), but did not accept the Goods within 7 banking days from the date of delivery of the Goods to the point of acceptance of the Goods, the Buyer's obligations are considered overdue. Such a situation may serve as a basis for the occurrence of civil liability (including but not limited to debt collection, interest payments, penalties, etc.), as well as other types of liability provided for by current legislation.
12.6.5. Goods where the description of the contract clearly (and noticeably for the buyer) stipulates other conditions of sale / return not inconsistent with the Law and the Agreement, defective goods, follow the conditions specified in the description.
12.6.6 If a non-conformity of the Goods to the description is discovered (rejection, inoperability, etc.), and the return delivery is a significant percentage of the Goods value and / or exchange is difficult, the buyer can offer a return of the Goods (part of the Goods, by agreement of the parties), without physical return of the Goods.
Counterparty may (but is not required to) accept the offer. In the case of a refund, the transaction is deemed to have failed.
12.7. The Seller undertakes to provide its explanations regarding the fulfillment of obligations under the Transaction within 5 days, in case a dispute arises on the ND MARKET platform. The purpose of the dispute is to independently resolve the conflict situation between Users. The Account and the Seller's Account, which is unable to cooperate in good faith in a dispute with a view to settle it, may be deactivated.
12.7.1. Reasons for dispute:
- The Seller failed to pay the Goods;
- The Buyer received the order in part;
- Quality of the Goods received does not correspond to the description of the Goods;
12.7.2 The Company may not participate in settlement of disputes in the following cases (including but not limited to):
- For the Goods "To Order" more than 30 calendar days have passed from the date of purchase until receipt of the user's request;
- For the Goods "In Stock", more than 14 calendar days have passed since the purchase until receipt of the user's request;
- A dispute arose between the Seller and the buyer in connection with the purchase of the Goods, the condition of which was indicated as “faulty”;
- After 30 calendar days from the date of receipt of the first request on the dispute;
12.7.3 The buyer understands that information about real estate and other Goods and services was collected from the messages of the Seller and was not independently verified by specialists of the company. Participants are offered to consult with a licensed real estate broker, contractor, lawyer, financial advisor, tax advisor and / or other relevant professionals.
12.7.4 The Buyers are liable for any liability, damages and / or expenses directly or indirectly related to the inspection, visit or investigation of the property of the Seller. The user agrees to indemnify, hold harmless the company ndinvest.ltd against any such liabilities, damages and / or expenses.
12.7.5 Signature of the Purchase Documents:
12.7.6 The final purchase agreement will be sent by e-mail to the Buyer for electronic signature using the e-mail address associated with the company account. The Buyer must sign the Purchase Documents within 5 days after they are sent to the Buyer (unless the greater term agreed in writing). If the Buyer cannot timely sign the Purchase Documents, the company or the Seller may declare the Buyer invalid under these Conditions and the buyer’s contract will be terminated in favor of the Seller.
12.7.7 Evidence of funds and additional information. The company or Seller may require Buyers at any time to provide evidence of the availability of free funds and / or additional information. The party must respond to such requests within one business day. If such confirmation of funds or additional information is not received in a timely manner, the Company or the Seller may reject the Buyer's offer.
13. USER (PROFILE) (BLOCKING) DEACTIVATION CONDITIONS.
13.1. The Company is entitled to deactivate the Seller Profile for the following reasons (including but not exclusively):
• The seller indicates incomplete and / or unreliable (including those containing orthographic mistakes) contact details.
• Seller's login breaches the rules.
• The Seller has several profiles.
• an actual or nominal change of profile holder occurred (transfer / sale of registered Accounts is not allowed).
• placement by Seller of the prohibited Goods.
• repeated (two or more times) breaches of the rules for replacement and formation of the description of the Goods.
• the Seller takes actions, which are considered by Company to be deception, fraud and / or misleading other users and the Company.
• spamming by the Seller and sending other unwanted messages to other ND MARKET platform users.
• achievement by the Seller of the Rating (1).
• failure to comply with the Company's requirements under this Agreement.
• breach by the Seller of the terms of this Agreement. Including, but not limited to, breach of this Agreement, as a result of which damage was caused to another user and / or the Company.
• actions / inaction of the Seller, which are considered by Company to be obscenity, slander, misleading other Users, of the Company, causing damage to the Company's business reputation; the use of coarse and / or obscene expressions.
• Notification by the Seller (including in the process of email-correspondence) to other Users, the Company, or the Company's Employees of information, which is considered by the Company as a threat of damage, harm, business reputation, or property, or health of the Administrator, or Employees of the Company, or other Users.
• in the case of delivery of the relevant request for the deactivation of the Seller Profile by the competent governmental authorities in the prescribed manner.
• absence of the Goods placed by the Seller.
• the presence of a blocked affiliate account. Affiliation between two user accounts is determined by the Company, guiding by the following criteria (including but not limited to): the coincidence of any profile data, ip-address from which the account was entered, user-agent, password.
• to prevent unauthorized access to the user profile and / or minimize the possibility of actions, which may be considered by the Company as illegal.
• Receipt of 3 or more negative feedbacks from different (non-affiliated) users per calendar month and / or Rating reduction below 93% (with more than 20 feedbacks)
13.2. Re-activation of the profile (unlocking) is possible only in accordance with the relevant decision taken by the Company.
13.3. The Seller, whose Account has been blocked (deactivated), cannot be re-registered with another Account without a corresponding decision of the Company.
13.4. The Seller is entitled to request the Company to unlock the profile by sending an email. The company decides whether to unblock the profile within 15 (fifteen) business days of receipt of the request at its own discretion, provided that the unblocked Account will not be used for actions / inactions in connection with which it was blocked (deactivated).
14. LIABILITY OF THE PARTIES TO THE AGREEMENT, ITS LIMITATION.
14.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Cyprus.
14.2. The Seller is liable for accuracy, in accordance with the applicable law, the information provided by him and the actions performed by him.
14.3. The company is not liable for consumer properties of the Goods offered for sale on the ND MARKET platform, as well as for the legality of its placement for sale. In case of any disputes regarding the quality and consumer properties of the Goods received, the Seller and the Buyer are obliged to settle them solely. The administration shall not interfere in the consideration of such situations.
14.4. The company is not a party to the transaction between the Seller and the Buyer, does not participate in the legal relations between them and is not liable for their actions / inaction.
14.5. The Company is not liable for the accuracy of the information posted by Users on the ND MARKET platform, as well as for the legality of its placement.
14.6. The Company is not liable for interruptions in the provision of services caused by technical disruptions in the operation of equipment and software.
14.7. The User shall solely maintain accounting of income received as a result of transactions on the ND MARKET platform, and provide reports to the tax authorities in the manner prescribed by applicable law, is liable in the event of failure to fulfill these obligations. The company is not liable for these actions of the User and is entitled to provide information on the number of transactions made by the User, as well as other necessary information upon the request of the competent governmental authority.
14.8. The User undertakes to keep confidential and not to transfer to third parties his password and login to log into the User Account. In case of loss of the password, the User undertakes to contact the Administrator immediately for taking appropriate measures.
14.9. The company may regard the fact of transferring data about login and password to third parties as fraudulent actions, and transfer such information to law enforcement agencies to clarify the circumstances and take measures provided for by current legislation.
14.10. The Company is not liable for the actions of third parties, which became aware of the nickname and password of the User, as well as for the consequences.
14.11. Disputes arising from the breach (possible breach) of the terms of this Agreement shall be settled amicably. If it is impossible to resolve the dispute in this way, it is subject to further consideration in court according to the current legislation.
14.12. The Company will not check all the Goods placed on the ND MARKET platform, their availability or completeness, serviceability or quality, compliance with the description, etc. and does not guarantee the User that the second party to the transaction will fulfill its obligations in full. The company, as far as possible, tries to verify data relating to the description of the Goods offered for sale on the platform in order to identify actions, which breach the terms of this Agreement and the Annexes hereto.
Provided that the Company is entitled to request from the user information about the goods placed for sale.
14.13. In case of any disputable situations between the Users, which they could not settle on their own, the Company is entitled to resolve the dispute between them within the limit of their authority provided in accordance with this Agreement by sending the corresponding request to the parties to the transaction, which they must respond within the term, set out in the request. Such a decision is final and is not subject to further appeal or revision within the ND MARKET platform. The Company is entitled to refuse the Users failed to comply with the instructions of the Company to resolve the dispute, to maintain and block the profile, delete it and terminate the Agreement unilaterally.
14.14. Company Liability Limit. The company does not provide any guarantees, assurances and conditions, express or implied, with respect to real estate, goods or services, including with regard to quality, marketability, durability, suitability for a particular purpose and those arising in law. The Company shall not be liable for any possible losses (monetary or reputational) arising out of the use of the ND MARKET platform, even if the User notifies the Company of them or even if the Company could foresee the possibility of causing the damage in question. Despite the conditions of this public agreement, the User agrees that any possible liability of the Company to the User or any third party is limited to EUR 100 (one hundred).
15. FEEDBACK AND COMMENTS.
15.1. The User has the option “Leave feedback”. Thanks to this option, the User has the opportunity to express his own opinion about the transaction, which will be recorded in the User Account and is available for review by other Users.
15.2. There are three types of feedback: positive, neutral, negative.
Positive feedback is given in the event that Counterparties fulfill their obligations under the transaction, completed with a commodity-money exchange.
Neutral feedback shows a general neutral or bad impression about the transaction: Counterparty fulfilled the basic obligations related to commodity-money exchange, but by its actions or inaction prevented the best completion of the transaction (the description of the Goods / services is not completely true, the Goods payment / dispatch term is overdue, improper packaging Goods, etc.).
Negative feedback is given if Counterparty failed to fulfil /fulfilled in part the transaction obligations and/or deadlines were breached.
Giving feedback is a voluntary decision of the User.
15.3. Feedback should contain:
• Description of the Goods - its condition and assessment of conformity with the description provided on the Goods page during the sale.
• Description of the transaction (qualitative assessment of communication with Counterparty, service from the Seller).
15.4. Feedback and comments thereto cannot contain:
• obscenities, non-literary expressions, curses, swear words, etc.
• vulgar, obscene, pornographic, or text inciting racism, sexual violence, xenophobia, as well as conflicts between peoples.
• Counterparty or other person’s data (name and surname, user name, address, telephone number, e-mail address).
• unreadable characters and symbols.
• reference to the Company and/or its employees.
• advertising texts.
15.5. By leaving a feedback and/or comment thereto, the User is liable for its content. The feedback must contain detailed reliable information about the transaction.
15.6. The Company does not interfere with the text of feedback on transactions made during a personal meeting, on transactions related to sale of the services, sale of the used Goods or defective goods, as well as feedback as to quality of the Goods. The company is entitled to delete or change the feedback in cases where:
• feedback or comment breaches the terms of the Agreement.
• feedback given by Counterparty, refused to pay or breached the terms of the Agreement.
• the feedback was erroneous or was left with a direct intent to wrongfully harm the business image of the User (for example, in order to make revenge), as indicated by the content of the feedback, the time of issue or other facts (at the Administrator's discretion).
• the text of the feedback does not correspond to the type of response (positive, neutral, negative).
• feedback was left by the User who participated only in order to leave a feedback.
• a feedback relating to the quality of the Goods, which was given more than 14 days of receipt of the parcel for the Goods with the "In Stock" parameter, and more than 3 months - for the Goods with the "To Order" parameter, or upon expiration of the warranty term, unless the buyer applied to the Seller before giving a feedback.
• negative / neutral feedback, was submitted more than 30 days after the purchase / sale with the parameter "In stock", and more than 3 months - for the Goods with the parameter "To order", or upon expiration of the warranty term, specified in the description of the Goods.
• The feedback text contains characters that make it illegible;
a negative feedback was issued for a transaction where the Seller provided third party details for payment (Name of the company, bank card holder (bank profile holder), which differ from the Name of the company set out in the Invoice)
The Buyer refused to pay. Such a negative feedback can be changed from negative to neutral at the request of either of the parties and giving appropriate confirmation.
feedback given by a party to a transaction which did not provide the information requested from it by the Company within the term specified in the request. This feedback is to be deleted with the right to restore after providing all supporting information.
If a neutral feedback was given, which is of informational nature only (the general impression of the transaction is described in the text of the feedback), it can only be deleted by mutual agreement of the parties.
15.6.1 requests for amendment / cancellation of feedback are not accepted after 30 calendar days of its issuance.
15.7. The decision on intervention in Counterparties feedback is to be made by the Company in each individual case. The company is entitled to refuse to delete/edit the feedback if the parties to the transaction refuse to provide or provide insufficient information, or the information provided by the parties to the transaction is misleading. The term for resolving such situations is up to 14 business days.
15.8. It is inadmissible to give fictitious feedbacks for Rating's cheating via additional Accounts, without the goal of carrying out a transaction with the completion of its commodity-money exchange. For breach of this condition, the Administrator is entitled to block the User’s Profile(s).
15.9. When giving a feedback, Buyers can assess the quality of the transaction by 4 criteria:
• description of the Goods.
• communication with the Seller.
• duration of the order.
• cost of delivery.
15.10. The Buyer evaluates the transaction with the Seller for each of the clauses, assigning from 1 to 5 points. Evaluation of sales is anonymous. The average appraisal is available for review in the data of the Seller only if there are at least 10 appraisals from unique Buyers.
16. TERM, TERMINATION, ALTERATION OF THE AGREEMENT.
16.1. Effective date of this Agreement deems the fact that the Website is used by the Seller, which occurs at the time of commencement of such use, namely, registration of the Goods placement and the Seller linking to its address using a web browser or any other program and / or technical devices enabling the display of website pages content.
16.2. This Agreement is valid until either of the parties declares the need to terminate it, but in any case until the full fulfillment of its obligations.
16.3. The Company may unilaterally alter or update parts of this Agreement at any time, without prior notice. Please review the Agreement from time to time in order to be aware of amendments and updates. Any amendments to the Agreement are effective from its publication date.
16.3.1 In case of disagreement with the changed clauses of the Agreement, the user is free to stop using the Website. Further use of the Website after the entry into force of the modified clauses of the Agreement will be regarded as its full acceptance, regardless of whether the user received a notice or became aware of the amendments from the amended Agreement.
16.4. The Seller accepts the terms of the amended Agreement by “conditional silence” (does not express, by his direct actions, his desire to terminate the Agreement, for example, by deleting his data and the User’s previously registered account).
16.4.1 In cases, unstipulated by this Agreement and Annexes hereto, the Seller shall be guided by the recommendations, guidelines and clarifications of the Company sent to him personally or by posting on the Website.
16.5. The Seller is entitled to terminate the Agreement unilaterally, by giving a notice of the need to terminate this Agreement by sending an e-mail to email@example.com from the email address associated with the account and the corresponding text containing the User name.
16.5.1 The Company stops providing services to the Seller within 7 days of receipt of the request and sends an email confirming the receipt of the request to the user.
16.5.2 Termination of this Agreement by the Seller is possible not earlier than 30 days from the date of completion of the last Transaction on the Buyer's Account, the account at the time of the request should be active.
16.5.3 The Seller has the opportunity to renew the Agreement and the provision of Services to him by submitting a corresponding request to the address firstname.lastname@example.org on the Website.
16.5.4. The Seller Profile shall be deleted via email to email@example.com from the email address associated with the profile and the user's nickname, and then the account is deactivated and completely deleted from the website within 30 days.
16.6. The Company is entitled to unilaterally terminate this Agreement in the following cases:
16.6.1 in cases of discovery by the Seller of breaches of the provisions of this Agreement, damage to the Company, employees of the Company and / or its Users.
16.6.2 in cases where the Seller by his actions (inaction) causes damages or harm to the business image of the Company or other Users.
16.6.3 in cases of receipt from the Seller (including by email) of information, which is considered by the Company as threats of damage, harm to business image, or property, or health of the employees of the Company, or other Users.
16.7. The termination date of this Agreement, in this case, is considered the date of a notice of the Seller of such termination by the Company.
16.8. The provision of services can be resumed once the Company has made the appropriate decision.
17.1. The paid services include:
17.1.1 establishment of additional advertising options: “Top product”, “Illumination of Goods + bold type”, “Display on main” for promotion of the Goods;
17.2. The list of paid and free Services, its cost and terms of provision may be periodically varied by the Company unilaterally.
17.3. The user is free to choose the order of paid Services offered by the Administrator on the Website. Data on the provided / rendered paid services are displayed in the information on the Seller's Account on the corresponding website page.
18. SERVICES VALUE. PAYMENT OF THE SERVICES RENDERED.
18.1. The Services are to be paid in NDCOIN tokens.
18.2. Services are provided by the Company on the terms of payment by the Seller within 30 days of its payment.
18.3. The Seller uses its Account Balance under this Agreement to pay for the Company's Services rendered.
18.4. The Seller agrees that the services rendered by the Company are considered to be accepted if there are no objections of the Seller within 14 days of provision of services.
18.5. The Seller is not entitled to shift payment for using the ND MARKET platform to the buyer. The reference “The buyer pays for the services of the platform” in the platform description and similar expressions shall be invalid. If such a breach is discovered, the page with the goods offered for sale can be deleted and the Seller’s account blocked.
18.6.The company reserves the right to change the amount of payments and organization of new services. In case of refusal to accept the new conditions, the Seller may send a request to delete its data from the website.
18.7. The cost of paid services "Top-product", "Illumination of Goods + bold type", "Display on main ", is available on the page "Paid Options", located at www.ndmarket.co.
Paid services "Top-product", "Illumination of Goods + bold type", "Display on main" are provided on a prepaid basis.
18.8. Fees (payment systems, terminals, etc.) for making a payment (if they will be made in fiat currency) are paid by the Seller.
18.9. The following payment methods are available:
• Visa / Mastercard.
19. FORCE MAJEURE.
Any of the following circumstances including (but not limited to) affecting buyers and Sellers: act of God, volcanic eruption, (natural) disaster, fire, hostilities, military actions, or any local or national disaster, occupation, submission to any order or request of any national, regional, port or other public official body, government measures or intervention, military actions, civil war or acts of terrorism, (biological, chemical or nuclear) explosion, uprising, riots, strikes, civil unrest (either material or important threats or reasonable expectation of any other upcoming events), reduction in transport services, closure of airports or any other exceptional and catastrophic event, circumstance or critical situation that makes it impossible, illegal or impeding the conditions for purchasing or selling the Goods placed on the ND MARKET platform.
20. FINAL PROVISION.
20.3. Any communication with the administration of the website is carried out by e-mail at the address: firstname.lastname@example.org.
20.4. The Company should be notified of any comments and objections regarding Users or Sellers about breaches of these Terms at email@example.com.
20.5. If any provisions of this Agreement become invalid or ineffective, they will not affect the other provisions.
20.6. Due to local laws and restrictions, which may exist in the user's jurisdiction, not all the functions of the website may be available and, as such, certain conditions may be not applicable.
21.7. Section headings and other headings in these terms and conditions are for convenience only and should not affect their meaning or interpretation.