Terms of Use
Date of update: July, 03, 2024
Introduction
Welcome to the Terms of Use for Amas Don International, operating under the abbreviated name Amas Don ("Amas Don," "we," "us," or "our"). These Terms of Use govern your use of our ecommerce platform located at www.amasdon.com (the "Platform"), including all its features, functionalities, and services offered to both buyers and sellers.
By accessing or using the Platform, you agree to comply with and be bound by these Terms of Use. If you do not agree with any part of these terms, you may not access the Platform.
1. Acceptance of Terms
These Terms of Use constitute a legally binding agreement between you and Amas Don. They outline your rights and responsibilities when using our Platform. We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting on the Platform. It is your responsibility to review these terms periodically to stay informed of updates.
2. Users
The Platform is intended for use by individuals who are at least 18 years old or the legal age of majority in their jurisdiction. By using the Platform, you represent and warrant that you meet these eligibility requirements. Users may include buyers seeking products or services ("Buyers") and sellers offering products or services for sale ("Sellers").
3. User Protection
Amas Don is committed to ensuring a safe and secure environment for all users. We employ measures to protect the privacy and personal information of our users in accordance with our Privacy Policy. However, users are responsible for safeguarding their own login credentials and for any activities conducted under their accounts.
4. Brand Protection
We respect intellectual property rights and expect our users to do the same. Sellers must ensure that their listings and activities on the Platform do not infringe upon the trademarks, copyrights, or other intellectual property rights of third parties. Amas Don reserves the right to remove any content that violates these rights and to suspend or terminate accounts of users who repeatedly infringe.
5. Compliance with Laws
Users of the Platform must comply with all applicable laws, regulations, and guidelines, including those related to online commerce, consumer protection, intellectual property, and privacy. Amas Don does not tolerate illegal activities or violations of third-party rights on its Platform.
6. Dispute Resolution
Any disputes arising from the use of the Platform shall be governed by the laws of Jurisdiction, without regard to its conflict of law provisions. Users agree to resolve any disputes exclusively through arbitration in accordance with the rules of the Arbitration Organization, conducted in [Osijek, Osjecko-baranjska, Croatia].
7. Limitation of Liability
To the fullest extent permitted by law, Amas Don shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform; (c) any content obtained from the Platform; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Termination
Amas Don reserves the right to terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the Platform will immediately cease.
9. Miscellaneous
These Terms of Use constitute the entire agreement between you and Amas Don regarding your use of the Platform and supersede any prior agreements between you and Amas Don relating to the same subject matter. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
10. User Conduct
Users of the Amas Don Platform are expected to conduct themselves in a manner consistent with the following guidelines:
Accuracy of Information: Users must provide accurate and truthful information when using the Platform, including but not limited to registration, listings, and communications.
Prohibited Activities: Users shall not engage in any activity that:
- Violates any applicable laws, regulations, or third-party rights.
- Interferes with the proper functioning of the Platform.
- Attempts to gain unauthorized access to any part of the Platform.
- Distributes viruses or any other technologies that may harm Amas Don or the interests of other users.
Respect for Others: Users must respect the rights and dignity of others. Any discriminatory, defamatory, or harassing behavior will not be tolerated.
11. Seller Responsibilities
Sellers on the Amas Don Platform have additional responsibilities:
Listing Content: Sellers are responsible for the accuracy, completeness, and legality of the products or services they list on the Platform.
Transactional Integrity: Sellers must fulfill their obligations to Buyers regarding the quality, delivery, and condition of the products or services sold.
Customer Service: Sellers should provide prompt and courteous customer service to address any inquiries, issues, or disputes that may arise from transactions conducted through the Platform.
12. Buyer Responsibilities
Buyers using the Amas Don Platform are expected to:
Informed Purchasing: Buyers should carefully review product or service details, including pricing, shipping terms, and return policies, before making a purchase.
Payment: Buyers must submit timely and accurate payments for purchased products or services in accordance with the terms agreed upon with the Seller.
Feedback: Buyers are encouraged to provide fair and constructive feedback based on their transaction experiences to maintain the integrity of the Platform.
13. Amendments and Updates
Amas Don reserves the right to amend or update these Terms of Use at any time. Amendments will be effective upon posting on the Platform with notice to users. Continued use of the Platform after such amendments constitutes acceptance of the revised Terms of Use.
14. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Jurisdiction, without regard to its conflict of law principles. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the courts in [Osijek, Osjecko-baranjska, Croatia].
16. Intellectual Property
All content, trademarks, logos, and intellectual property displayed on the Amas Don Platform are the property of Amas Don International or their respective owners. Users may not use, reproduce, distribute, or create derivative works based on this content without prior written consent from the owner.
17. Limitation of Liability
In no event shall Amas Don International, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of the Platform, whether based on contract, tort, negligence, strict liability, or otherwise, even if Amas Don has been advised of the possibility of such damages.
18. Indemnification
You agree to indemnify and hold harmless Amas Don International, its affiliates, officers, directors, employees, agents, and partners from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Platform.
- Your violation of these Terms of Use.
- Your violation of any rights of another person or entity.
- Any dispute between you and another user or third party.
19. Termination
Amas Don International reserves the right to suspend or terminate your access to the Platform at any time, without notice, for any reason, including but not limited to violation of these Terms of Use or conduct that we believe is harmful to other users, Amas Don, or third parties. Upon termination, your right to use the Platform will cease immediately.
20. Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
21. Entire Agreement
These Terms of Use constitute the entire agreement between you and Amas Don International regarding your use of the Platform, superseding any prior agreements or understandings, whether written or oral.
22. Waiver
The failure of Amas Don International to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
24. Changes to the Platform
Amas Don International reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time, including the availability of any features, databases, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Platform without notice or liability.
25. Third-Party Links and Services
The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Amas Don International. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. You acknowledge and agree that Amas Don International shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party sites or services.
26. Communication
By using the Platform, you consent to receive communications from Amas Don International, including but not limited to emails, newsletters, and messages regarding your account or transactions. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
27. Force Majeure
Amas Don International shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.
28. Reservation of Rights
Any rights not expressly granted herein are reserved by Amas Don International.
29. Interpretation
Headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use shall not be construed against the drafting party.
31. Updates to Terms of Use
Amas Don International reserves the right to update or revise these Terms of Use from time to time. Any changes will be effective immediately upon posting the revised terms on the Platform. Your continued use of the Platform after the posting of the revised Terms of Use constitutes your acceptance of the changes.
32. Language
These Terms of Use may be translated into other languages for your convenience. In the event of any inconsistency or conflict between the English version and a translated version, the English version shall prevail.
33. Feedback
We welcome your feedback, comments, and suggestions for improvements to the Platform. Please note that by providing such feedback, you grant Amas Don International the right to use and incorporate your suggestions without any obligation to you.
34. Legal Compliance
You agree to comply with all applicable laws regarding your use of the Platform. This includes laws governing the export of data to and from your location and ensuring that your use of the Platform does not violate any export control laws or regulations.
35. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration shall be conducted in [Osijek, Osjecko-baranjska, Croatia] in accordance with the rules of [Arbitration Organization - Odvjetnicki ured Juric, Dakovo, 31400, Croatia]. The language of the arbitration shall be English and Croatian, and the arbitral award shall be final and binding upon the parties.
36. Survival
The provisions of Sections 16 (Intellectual Property), 17 (Limitation of Liability), 18 (Indemnification), 19 (Termination), and 20 (Severability) shall survive any termination or expiration of these Terms of Use.
37. Assignment
You may not assign or transfer these Terms of Use, or any of your rights or obligations hereunder, without the prior written consent of Amas Don International. Amas Don International may freely assign these Terms of Use without restriction.
38. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
39. Headings
The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.
40. Execution
These Terms of Use are executed by and between Amas Don International and you, effective as of the date you first access or use the Amas Don Platform.
42. Dispute Resolution: Exclusive Jurisdiction
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use or the Amas Don Platform, including its formation, interpretation, breach, termination, or validity, the parties agree to first attempt to resolve the dispute through negotiation between senior executives of both parties who have authority to resolve the matter. If the dispute cannot be resolved through negotiation within a reasonable period, the parties agree that any legal action or proceeding shall be brought exclusively in the courts of Jurisdiction in Osijek, Croatia, and you consent to the jurisdiction of such courts and waive any objection to the venue.
43. Amendment
Amas Don International reserves the right to modify, amend, or update these Terms of Use at any time in its sole discretion. Changes will be effective immediately upon posting on the Platform. Continued use of the Platform after such changes constitutes acceptance of the amended Terms of Use.
44. Interpretation
These Terms of Use, including all policies and guidelines referenced herein, constitute the entire agreement between you and Amas Don International regarding your use of the Platform. These Terms of Use supersede any prior agreements or understandings, whether written or oral.
46. Misuse of Platform and Security
Amas Don International takes the security and integrity of its Platform seriously. Any attempt to misuse the Platform, including but not limited to hacking, unauthorized access, or any form of fraudulent activity, will result in immediate suspension or termination of the user account involved. We reserve the right to take appropriate legal action, including criminal investigation if necessary, to protect our Platform and users from unlawful activities.
47. Permanent Suspension
In cases of severe violations or repeated offenses, Amas Don International may impose a permanent suspension of the user's account without prior notice. This action may be taken to safeguard the interests of other users and maintain the overall integrity of the Platform.
48. Criminal Investigation
Amas Don International reserves the right to cooperate fully with law enforcement authorities in the investigation of suspected unlawful activities conducted through the Platform. This includes providing any necessary information or data to assist in such investigations.
49. Release and Waiver
To the fullest extent permitted by law, you release Amas Don International from any claims or liabilities arising out of or in any way connected to the misuse of the Platform, including but not limited to hacking, unauthorized access, or fraudulent activities.
50. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Jurisdiction, without regard to its conflict of law provisions.
51. Contact Information
If you have any questions, comments, or concerns about these Terms of Use or the Amas Don Platform, please contact us at support@amasdon.com.
For any questions regarding the violation of any content or concerns related to safety issues, it is mandatory to contact us first at safety@amasdon.com. Most disputes and inquiries are resolved initially through email correspondence.
For general inquiries, please contact us at info@amasdon.com.
To report and address platform bugs or technical issues, please email us at bug@amasdon.com.
For concerns related to hacking risks and security issues, please contact us at webmaster@amasdon.com or security@amasdon.com.