tems of use money

8/3/2019 Tems of Use Money

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GTS ONLINE LIMITED Resale Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE WHICHFORM A LEGALLY BINDING AGREEMENT BETWEEN GTS ONLINELIMITED ("GTS ONLINE LIMITED", "WE" OR "US") AND YOURSELF (THIS"AGREEMENT"). Please make sure you fully understand the contents of thisagreement before accessing or using GTS ONLINE LIMITED website located atwww.G2S.com (the "Website"). If you have any doubts about any of your rightsand obligations resulting from entering into this agreement, please consult legalcounsel in your jurisdiction.

BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT

YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS ANDCONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY SETOUT AT GTS ONLINE LIMITED PRIVACY POLICY. BY ACCESSING ANDUSING THE WEBSITE YOU ALSO AGREE TO THE USE OF ELECTRONICCOMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOUWAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWSOR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE ANORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENTPERMITTED UNDER APPLICABLE MANDATORY LAW.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THISAGREEMENT, DO NOT USE THE WEBSITE AND IMMEDIATELY LEAVEIT.

A. WHAT IS THE SCOPE OF THIS AGREEMENT?

Welcome to the GTS ONLINE LIMITED Resale Website. Through access of thisWebsite, GTS ONLINE LIMITED enables you to purchase products and services("Products" and "Services") that we purchase from various suppliers ("Suppliers")

for immediate resale to customers.

As the resellers of the Products and/or Services, we hold the Supplier fully liable tothe contract of sale commitment which we are bound by towards you , includingwith regard to the Products and/or Services functionality and fitness for the purposethey were sold, their performance, characteristics, efficiency or compliance withany representations and warranties made by the Supplier or any other third party.

As authorized reseller of the Suppliers from which the Products and Services arebeing purchased from, we shall supply full first line service and support for all

Products and/or Services sold to you at [email protected] during regular businesshours ("Customer Assistance"). GTS ONLINE LIMITED shall forward customers`



applications to supplier for further assistance.

This Agreement covers the arrangements between you and us in relation to yourpurchase of Products and Services through access of the Website, and your use of the Website.

B. HOW ARE THE PRODUCTS AND SERVICES SOLD?

1. PRICING, CHARGES AND TAXES

1.1. The current processing currencies are US$, Euro and Pound. Credit cardproviders may charge additional fees associated with the processing of othercurrencies. 1.2. Separate charges for handling, shipping and taxes, to the extentapplicable, will appear on the e-mail receipt you will receive once you place your

order.

2. PAYMENT METHODS; CREDIT CHECKS

2.1. The payment methods currently available are: credit/debit cards from Visa,MasterCard, Diners Club, Delta, Maestro International, Maestro UK and Solobrands.

2.2. We will be entitled to make inquiries related to you, including credit checks,with third party credit and financial institutions, in accordance with the informationyou provide to us, and if we see fit, and at our sole discretion, we shall be entitlednot to approve the purchase made by you.

3. NON COMPLIANCE WITH DESCRIPTION AND REPRSENTATIONS

3.1. The Suppliers are solely responsible for writing the description of the Productsand Services offered by them through us, as the authorized resellers, and for anyrepresentations and warranties made in connection with them. GTS ONLINELIMITED does not make any representations, warranties or commitments with

regard to Products and Services resold through it. GTS ONLINE LIMITED is notliable with regard to the description of the Products and Services by the Supplier orany third party and to any representations and warranties made in connection withthem, including that they are accurate, complete, reliable, current or error-free.

3.2. If a Product and/or Service purchased through the Website is not as describedor promised, or is otherwise defective, non-functional, non-compliant or non-satisfactory, your sole remedy is to return it in unused condition to the Supplier (inthe case of Products) and to demand a refund from the Supplier, in accordance withthe Supplier's Refund and Return Policy located at the Supplier's website.In any

such event, please contact Customer Assistance.



3.3. You are entitled to receive a refund if necessary. Please contact our billingsupport at [email protected]

4. RISK OF LOSS OF PRODUCTS

4.1. Shipment and delivery of Products is made directly by the Supplier, inaccordance with the Supplier's delivery policy located at the Supplier's website.The risk of loss or damage to Products shall pass to you as set forth in such deliverypolicy.

C. HOW SHOULD YOU USE THE WEBSITE AND WHAT RIGHTS DO WEGRANT TO YOU?

5. WEBSITE ACCESS, RESTRICTIONS ON USE, RESERVATION OF RIGHTS

5.1. You agree to use the Website only for lawful purposes.

5.2. The use of the Website is intended for your personal use and not for anycommercial use. Unless specifically stated otherwise with regard to a specificProduct or Service, you may not resell the Products and Services.

5.3. You may not post on or transmit through the Website any content, in whateverformat, that is (i) defamatory, unlawful, harassing, abusive, obscene, threatening,hateful, sexist or racist; (ii) violates any person's privacy rights; (iii) violates anyapplicable law, statute, regulations or rules; or (iv) constitutes SPAM or otherinappropriate network conduct. 5.4. You may not impersonate any person or entity,including but not limited to any of our officers, directors, employees orrepresentatives, or falsely state or otherwise misrepresent your affiliation with anyperson or entity.

5.5. You may not harvest, collect, store or use information about the users of theWebsite, the Content (as defined below) or other information posted on theWebsite.

"Content" shall mean in this Agreement any trademarks, service marks and/or tradenames used by us on the Website from time to time, and other content posted on theWebsite, including, but not limited to, images, pictures, graphics, photographs,animations, videos, music, audio and text, available through or posted on theWebsite.

5.6. We shall be entitled to inform relevant authorities, other online serviceproviders and banks, credit card companies, electronic payment providers or otherfinancial institutions of your identity and of any suspected unlawful, fraudulent or

improper activity, and you will cooperate fully with us to investigate any suchactivity.



5.7. We reserve, at our sole discretion, the right to refuse any request by you topurchase any Product and/or Service.

5.8. Notwithstanding anything stated or implied to the contrary in this Agreement,at any time, without prior notice to you and without derogating from our otherrights under this Agreement, we may terminate your access to the Website if wesuspect or believe that you are in breach of any of the terms and conditions of thisAgreement, or that you may be engaging in or have engaged in fraudulent,unlawful, or improper activity, including without limitation any violation of antimoney-laundering rules and regulations.

5.9. Please note that we reserve the right to save any kind of data regarding thecustomer as provided to us when a customer places an order on the GTS ONLINE

LIMITED website.. The costumer's l data including personal data, will not beprovided to third parties other than the Financial Institutions for the chosenpayment method, or any other third party as required under any applicable law. Wereserve the right to use customers` data for further contact with customer in anymatter at our sole consideration, including matters as new offers, new campaigns,new Products and Services, etc.

6. LICENSE 6.1. We hereby grant you a limited, personal, non-exclusive, non-transferable, revocable, license to access and make use of the Website.

6.2. You are not permitted to and will not permit or assist others to:

6.2.1. copy, adapt, modify, create derivative works based on, translate or otherwisemodify the Website or the Content;

6.2.2. enter, access or attempt to enter or access or otherwise bypass the applicablesecurity system or interfere in any way (including but not limited to robots andsimilar devices) with the Website or the Content, or attempt to make any changes tothe Website or the Content and/or any features or components thereof.

6.3. You hereby acknowledge and agree that the Content as well as any patent,copyright, design rights, data base rights, applications for any of the above, moralrights, know-how, trade secrets, domain names, URL, or any other intellectual orindustrial property rights (and any licenses in connection with any of the same),whether or not registered or capable of registration, and whether subsisting in anyspecific country or countries or any other part of the world, which belong to us orour affiliates, partners, suppliers or licensors ("Proprietary Rights") are exclusivelyowned by us or our affiliates, partners, suppliers or licensors, and we and/or suchentities, as applicable, reserve all rights to the Proprietary Rights. You hereby

acknowledge that by accessing and using the Website you obtain no rights in or tothe Proprietary Rights other than those expressly granted under this Agreement.7.



LINKS TO OTHER WEBSITES

7.1. The Website may contain hyperlinks to websites operated by third parties("Third Parties Sites"). Links to any Third Parties Site are provided solely as aconvenience to you, for your reference only. If you use these links, you will leavethe Website. GTS ONLINE LIMITED has not reviewed the Third Parties Sites anddoes not recommend, endorse or control and is not responsible for any of the ThirdParties Sites, or for their content. WE MAKE NO REPRESENTATIONS ABOUTTHE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,LEGALITY OR ACCURACY OF THE INFORMATION, ADVERTISEMENTSAND SERVICES ON THE THIRD PARTIES SITES. YOU ASSUME THE SOLERISK OF MAKING USE OF AND/OR RELYING ON THE CONTENT,ADVERTISEMENTS AND SERVICES AVAILABLE ON THE THIRDPARTIES SITES OR INFORMATION OTHERWISE PROVIDED TO YOU

THROUGH THE THIRD PARTIES SITES AS A RESULT OF YOUR USE OROTHER INVOLVEMENT WITH THE THIRD PARTIES SITES.

D. RESPONSIBILITIES AND LIABIILTY

8. WHAT ARE YOUR RESPONSIBILITIES?

8.1. You are solely responsible to determine whether the access and use of theWebsite and/or the Content by you, and the purchase of Products or Services, arepermitted under any applicable laws, rules and regulations.

8.2. You agree to abide by all applicable local and international laws, rules andregulations, including without limitation with regard to copyright and intellectualproperty rights, and privacy laws.

8.3. You are solely responsible for all acts or omissions associated with your accessand use of the Website, and the access and use of it by anyone on your behalf.

8.4. You shall not transfer in any way whatsoever your rights under this

Agreement, without our prior written consent, which may be given in our solediscretion.

8.5. You are solely responsible for the supply and maintenance of all of thecomputer equipment and telecommunications networks and internet access servicesthat you need to use in order to access the Website. We will not be liable in anyway whatsoever for any losses caused to you by the internet or anytelecommunication service provider which you have engaged in order to access theWebsite.

8.6. You will not commit any acts or engage in any conduct that is or that could bereasonably expected to be damaging to our reputation. 8.7. You will fully



indemnify, defend and hold us and our officers, directors, employees, agents,contractors and suppliers harmless on demand from and against any and all losses,costs, expenses, claims, demands, liabilities and damages (including legal fees),however caused, that may arise as a result of or in connection with (a) access anduse of the Website by you or by anyone else on your behalf; or (b) breach by you of any of the terms and provisions of this Agreement.

9. WHAT WARRANTIES DOES GTS ONLINE LIMITED EXCLUDE ANDHOW DO WE LIMIT OUR LIABILITY?

9.1. THE SUPPLIERS ARE SOLELY AND EXCLUSIVELY LIABLE WITHREGARD TO ANY PRODUCT OR SERVICE PURCHASED THROUGH USON OUR WEBSITE. WE PROVIDE NO WARRANTY WITH REGARD TOTHE PRODUCTS OR SERVICES PURCHASED ON OUR WEBSITE AND WE

DISCLAIM ANY IMPLIED WARRANTIES.

9.2. Without derogating from the generality of the above, the supplier whoprovided the product or service purchased by you through us is solely responsiblefor providing product or service warranty. However, any product or servicewarranty calls should be made by you through us and we shall refer such calls tothe supplier.

9.3. The website and the content are provided "AS IS" and on "AS AVAILABLE"basis. neither we nor any of our affiliates and related parties, warrant or guarantee,without limitation, (1) that the website or content will be non-infringing, (2) thatthe operation of the website will be error free or uninterrupted, (3) that the website,content or the servers on which they are operated are free of viruses and bugs, or(5) the privacy, security, authenticity and non-corruption of any informationtransmitted through, or stored in any system connected to, the internet.

9.4. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES ANDRELATED PARTIES, BE LIABLE TO YOU FOR ANY DIRECT,CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR

LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OFBUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATEDSAVINGS, OR LOSS OR DAMAGE ARISING, INCLUDING WITHOUTLIMITATION, FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA,OR THE PROVISION OF PRODUCTS, SERVICES OR CUSTOMERASSISTANCE, EXCEPT AS STATED IN THIS AGREEMENT, WHETHER ORNOT THE POSSIBILITY OF SUCH LOSS OR DAMAGE WAS FORESEEABLEOR HAS BEEN NOTIFIED TO US AHEAD OF TIME.

9.5. WITHOUT DEROGATING FROM ANY OF THE FOREGOING, THE

MAXIMUM AGGREGATE LIABILITY OF GTS ONLINE LIMITED FOR ANYLIABILITY ARISING UNDER OR IN CONNECTION WITH THIS



AGREEMENT, TO YOU OR ANY THIRD PARTY HOWSOEVER ARISING(INCLUDING BY WAY OF NEGLIGENCE OR ANY OTHER THEORY OFLAW), SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BYYOU FOR THE PURCHASE OF THE PRODUCT OR SERVICES DIRECTLYGIVING RISE TO SUCH LIABILITY.

E. GENERAL 10. CHANGES TO THIS AGREEMENT AND THE PRIVACYPOLICY

10.1. We may amend any of the terms and conditions contained in this Agreement,at any time and in our sole discretion, by written posted on the Website. Anychanges will take effect from the date specified in the notice of change, but not lessthan 30 (thirty) days from the time of such notice, unless such change is the resultof any change by the acquiring banks or credit card associations we work with

which comes into effect sooner than that (in which case, notwithstanding anythingto the contrary in this Agreement, you will have a right of immediate termination of this Agreement).

11. MISCELLANEOUS

11.1. The construction, validity and performance of this Agreement will begoverned by English law. The competent court in London will have exclusive

jurisdiction in any matter arising from or related to this Agreement. However, thisshall not prevent us from bringing any action in the court of any other jurisdictionfor injunctive or similar relief. The English language version of this Agreement willprevail over any other language version issued by us.

11.2. The illegality, invalidity or enforceability of any provision of this Agreementwill not affect the legality, validity or enforceability of the remaining provisions of this Agreement.

11.3. GTS ONLINE LIMITED may transfer, assign, sublicense or pledge thisAgreement, in whole or in part, to any person or entity without notice, and you will

be deemed to have given your consent to any such assignment.

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