DaaZ User Agreement
DaaZ Limited (hereinafter referred to as "DaaZ") AND you (hereinafter referred to as "User"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "User" shall refer to such entity;
WHEREAS the DaaZ acts as a platform between buyers and the sellers who would like to avail of the services offered;
AND WHEREAS the Users (including Buyers & Sellers) are interested in buying / selling of domain names at DaaZ platform;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, DaaZ and the User, intending to be legally bound, hereby agree as follows:
1. Definitions and Interpretations:
In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:
- “Agreement” shall mean this User Agreement, Privacy, Refund and other Policies, referred herein collectively;
- “Auction” means an auction conducted by a Seller for the sale of a Domain Name using the DaaZ platform;
- “Brokerage Service” means a seller or buyer using the DaaZ’s domain name specialists to sell or buy a domain name;
- “Buyer” means a registered user, who makes a domain purchase or offers to make a purchase, listed at DaaZ.com from a Seller;
- “Content” means all information, data, text, domain names, trademarks, logos and artwork, messages, images, videos, audio files, advertisements, software code, design, and the collection, arrangement and assembly of content, contains third party service providers’ content, other material or information;
- “DaaZ” means the website at www.daaz.com and underlying software and infrastructure which permits the holding of auctions, listings and brokerage services;
- “Dashboard” means the account created upon registration at DAAZ platform and includes the profile thereunder;
- “Fees” means the fees and charges payable at DaaZ which it applies from time to time in relation to the Services;
- “Guest” means a normal visitor at this website, who accesses the website but is not yet registered;
- “Listing” means a seller listing the domain name on DaaZ.com as a “Make an Offer” or “Buy It Now” sale options;
- “Intellectual Property Rights” means all intellectual property rights of any type whatsoever throughout the world including all rights which exist in copyright, patent rights, trademark rights, designs, whether or not such rights are registered or able to be registered;
- “Private Seller” refers to the anonymous listing made at DAAZ Platform;
- “Profile” or “User Profile” refers to your personal information appearing on your profile page;
- “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information;
- “Purchase Price” means the purchase price agreed between the Buyer and the Seller as part of a listing or the purchase price bid by the Buyer as the Winning Bidder in an Auction;
- “Seller” means an owner of a Domain Name who wishes to sell that Domain Name and who uses DaaZ.com to advertise the Domain Name for sale;
- “User", "you" and "your" refer to the registered user at DaaZ;
- “Winning Bidder” means a Buyer whose bid in an Auction is the successful or winning bid;
In the explanation of this Agreement, unless the differing meaning appears:
- A reference to this Agreement means, a reference to an agreement between you and DaaZ on the terms and conditions of this document and includes an amendment or supplement to, or replacement or novation of this Agreement;
- The words “includes” or “including” mean “includes without limitation” or “including without limitation”;
- A reference to a person includes a reference to a company, firm, association or other entity, and vice versa;
- The singular includes the plural and vice versa;
- A reference to any gender includes a reference to all other genders;
- A reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
- An agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
- Where an expression is defined, Another part of speech or grammatical form of that expression has a corresponding meaning;
- Headings are inserted for convenience only and do not affect the interpretation of this Agreement.
2. Agreement with DaaZ
Though you can browse through various domain name listings at Daaz.com but in order to make proper use of the DaaZ Platform, you must be a registered user of the Site. Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button or checkbox on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services (as defined below) you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
The use of the online services provided by DaaZ Limited registered in England and Wales, Company No:11514700 VAT No: 306 2952 hereafter known as (“DaaZ”) is governed by the terms and conditions set out below (“User Agreement”) and any other operating rules or policies that may be published by us on the website from time to time.
All the terms set here are presented in English language and it is the sole responsibility of the user to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.
DaaZ reserves the right to modify this Agreement at any time by posting a new agreement on our site and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement. In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
You, as a user of the Services, may use the Services in the capacity as a Seller, Buyer or both a Seller and a Buyer. The terms and conditions of this Agreement will apply to your use of the Services in either or both of those capacities.
3. Creating a User Account to Use the Services
3.1 Creating a User Account
- You agree to create a User Account in order to use the complete Services.
- The online sign-up process with DaaZ allows you to register either as a Buyer or Buyer / Seller only.
- User Account will permit you to login to DaaZ.com to manage your services including domain name listing, managing portfolio, verification, accessing customer support and managing other settings.
- If your sign-up is using the third-party authentication services such as Facebook, Twitter or Google, then you agree that these parties may be aware of you using DaaZ services.
- You agree to provide DaaZ with all identification documents (including copies of passport, driving licence and utility bills) which DaaZ requests from you from time to time for the purposes of verifying your identity.
- You agree to receive email communications from DaaZ for commercial purposes. You are able to opt out of these emails later if you wish.
- You warrant that all information provided to DaaZ in the setup of your User Account is true and correct in every detail. Further, you are required to regularly maintain and promptly update the Profile to keep it true, accurate, updated and complete, failing which your account can be deactivated / disabled.
- You are free to conduct an independent due diligence with respect to any Services made available through DaaZ.
- You are expected to comply with the applicable law of the land as well, as may be applicable in your jurisdiction.
- You agree to keep confidential and secure any username or password used to access your User Account.
- You agree to only maintain one User Account in relation to your use of the Services and DaaZ.com.
3.2 User’s Eligibility
- All users of the Services must be 18 years of age or older. By creating a User Account, you represent and warrant to DaaZ that you are 18 years of age or older and you can form legally binding agreements under applicable law. You may however permit minors under 18 years of age to use your User Account on your behalf provided that you are their parent or legal guardian, and provided that their use of your User Account occurs under your supervision at all times.
- If a parent or legal guardian permits a minor to use your User Account in accordance with the forgoing then you agree that you are responsible for their actions, omissions or negligence and you indemnify DaaZ against any loss, cost, expense or damage it may suffer as a result of the same.
- DaaZ reserves the right to ask for proof in support of age or even terminate your membership, if it is brought to our notice that account was created by providing age falsely.
- You confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
- Lastly, you confirm that you are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.
3.3 Use of Your User Account at DaaZ.com
You agree that you will only use your User Account and DaaZ.com for the purposes that are permitted by the aforesaid Terms and any applicable law, regulation or generally accepted practices or guidelines and for no other purpose.
3.3.1 General Restrictions
In particular, you would not to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
- is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- is false, defamatory or libelous, inaccurate, abusive, vulgar, bigotry, hateful, harassing, offensive, obscene, profane, threatening, promoting racism, promoting illegal activities, promoting physical harm of any kind against any group or individual, invasive of a person's privacy, adult material including pornography, or otherwise in violation of any local or International Laws.
3.3.2 Account Obligations
Further, in using your User Account and accessing DaaZ.com:
- You will not use your User Account in a violation of the terms or otherwise in an illegal manner;
- You will not list any domain names, which are based upon famous brands or obvious Trademarks;
- You will not rent, lease, trade or sell access to the Services or related information or data or otherwise indulge in any kind of social or reverse engineering or act of data mining;
- You agree that you will not engage in any activity that interferes with or disrupts the Daaz Services (or the servers and networks, which are connected to the Services);
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Daaz’s systems, networks, or any systems or networks connected to Daaz;
- You will not solicit passwords or personal identifying information for any purposes from other users or try to crack the password of other users, which would be termed as a hacking attempt;
- You shall not make any online negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us;
- Your Daaz account and the activity under it are subject to review from time to time by the Daaz. On the basis of the Daaz’s report, your account may be blocked or may become subject of deletion if found to be transmitting objectionable, obscene or offensive material or links to the same or otherwise found to be indulging in violation of the Code of Conduct, without any prior notice to you;
- Daaz reserves the right to reject any information / domains listed over the website without assigning any reason and make all such modifications / editing to the information submitted in order to fit into the database;
- If your Daaz account is blocked in any circumstances including as provided under the terms, you may be prevented from accessing all the services available under this website. Further, you agree that you may not try to register under an anonymous name to get access to the site otherwise for any purpose whatsoever;
- You must promptly notify Daaz of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
4. Type of Listings
4.1 Buy Now, Make Offer and Auctions
Your participation as a Buyer or Seller in Listing or Auction or Brokerage will at all times be governed by these terms and conditions. You agree to comply with the requirements in relation to Auctions and Listings as set out in these terms and conditions governing the sale and/or purchase of a Domain Name. The same may be further subject to general auction law, particularly UK’s Auctions (Bidding Agreements) Act 1969.
4.2 You may, as a Seller
- To get started, you need to get registered at DaaZ platform.
- As a seller, you have an option to submit the domain names for Auction (with or without reserve) or for listing as Buy Now or Make Offer. Alternatively, you may request DaaZ.com to act as a brokerage agent to complete the sale.
- You accept that the price you listed is including Value added tax, buyer or DaaZ is not liable to pay any separate local service or value added taxes.
- The payout will be made within 14 days of handing over the domain name to the buyer.
- By creating a Listing for a Domain Names, you are warranting to DaaZ and to each Buyer that you are the legal owner of Domain Names and the domain names are transferable to another registrar and are not subject to any lock or any kind of legal disputes.
- You are not permitted to cancel a sale of domain name under “Auction”, once listed or otherwise cancel agreed purchases (including any cancellation as a result of a termination of this Agreement) for the purpose of contracting separately with a Buyer, you meet through DaaZ.com which results in you avoiding paying DaaZ any Fees. In these circumstances, without limiting DaaZ remedies against you, DaaZ may recover its lost Fees from you by suspending your User Account.
- When you list your Domain Name as Make an offer or Buy It Now listing, you must specify all details requested by DaaZ.com in relation to the listing, that includes but is not limited to Minimum offer, Currency, Category, Theme.
- In case of BIN (Buy It Now) price, any buyer can offer to purchase the asset contained in a listing and the same completes as and when the offer is made by the Buyer and payment is completed.
- In case of a different offer received, listing having Make Offer option enabled, you can as a seller accept, reject or counter any offer. You should carry out the due diligence and in any case, you are not compelled to sell your Domain Name to any particular Buyer using a Listing.
- If you accept an offer, you acknowledge and agree that you are legally bound to sell the listed domain to the buyer in terms of the resulting agreement. That is, on acceptance you agree that you must affect the sale and transfer of that Domain Name to the Buyer.
- When you submit your Domain Names to be auctioned at DaaZ platform, you should specify all the details (including Reserve, if applicable) requested by DaaZ.com, in relation to the Auction.
- Once posted, you cannot change the type of sale from Auction to Buy It Now or Make an Offer Sale whilst the Auction is active at DaaZ Platform.
- The auction would be conducted using the Auction feature provided at DaaZ platform, in accordance with the rules and general law as to auction.
- At the end of the auction, the listed domain subject will be declared sold to the highest bidder, provided their bid exceeds the reserve price set by the seller.
- You acknowledge and agree that you are legally bound to sell the listed domain to the highest bidder in terms of the resulting agreement.
When a Seller agrees to sell to a Buyer (whether by way of Auction or Listing Sale) in response to Buyer's willingness to buy a domain name, then the listing will be closed.
No Double Selling
You agree that if you, as a Seller, list a Domain Name for sale via Auction, then, for the duration of that Auction, you will not advertise or offer to sell the Domain Name through any other third-party service or make direct approaches to potential purchasers outside DaaZ.com unless otherwise authorized by DaaZ.com. You acknowledge that the purpose of this restriction is to avoid you potentially entering into agreements to sell your Domain Name to two or more purchasers at the same time and to help provide Buyers with the assurance that should they purchase the Domain Name from you via DaaZ.com, they will obtain full title to the Domain Name.
Note that this restriction does not extend to Domain Names listed as a “Make an Offer” or “Buy It Now” sale. But in case any sale materializes outside the platform, you are required to disable the DaaZ listing as soon as possible, to avoid double sale !
4.2 You may, as a Buyer
- To get started, you need to get registered at DaaZ platform and can browse through inventory of premium domain names. You can filter the search results based upon categories and extensions.
- If you are a buyer and have placed an offer or otherwise participated in an auction, you acknowledge and agree that you are committing to purchase the domain name and may be required to pay for it.
- Domains with buy now prices can be bought easily by pressing the Buy Now button and completing the purchase.
- Alternatively, you can make an offer by entering your offer in the provided box. Any offers made to the domain name purchase on “Make It Offer” listing are legally binding for a duration of 5 days.
- If you want to negotiate the price, you can reach our experienced customer support team with your request, to act as a broker, which will be subject to the payment of commission.
- In case of an Auction, your offer to purchase will be submitted as a bid in the Auction. The sale of the Domain Name, would be to the Winning Bidder.
- The general laws to Auctions apply and you will be entitled to the domain name, only if you are a highest bidder and have met the Reserve price. The offer to purchase will dismiss once a higher bid is made by a third-party.
- All offers to purchase a Domain Name (including an Auction bid) must be made in accordance with these Terms and the Auction law.
- In case you are the winning bidder, you are required to clear dues within 7 days of notification received at your end.
5. Relationship and Sale between Buyers and Sellers
Nothing contained in this agreement, and no action taken by the parties pursuant to this agreement, will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent or employer and employee. Neither party has, nor may it represent that it has, any authority to act or make any commitments on the other party's behalf.
6. Your General Obligations
You agree that:
You will not use the Services for any illegal or fraudulent purpose or for any purpose other than participating in Listings or Auctions or Brokerage service as a Seller or Buyer;
You will comply with all laws which must be complied with in relation to a Listing or the sale or purchase of a Domain Name;
You will comply with any local laws or restrictions that may apply to your locations, inside or outside United Kingdom i.e. the territory in which you are located;
You warrant that you will not, by engaging DaaZ to provide the Services, place DaaZ in breach of any law or obligation owing to a third party;
You will not undertake any act or cause any omission which will bring DaaZ, its brand or other Sellers and Buyers into disrepute;
You will not use the Services in a manner that may lead to the suspension of the Services. If your DaaZ account is suspended in any circumstances including as provided under the terms, you may be prevented from accessing all the services available under this website. Further, you agree that you may not try to register under an anonymous name to get access to the site otherwise for any purpose whatsoever;
You will provide DaaZ with all information requested by DaaZ which DaaZ requires to provide the Services.
7. DaaZ’s Role in Relation to Auctions and Listings
DaaZ provides a web platform wherein third party sellers may conduct their own Auctions and / or lIst their domain names for sale. You agree that DaaZ is an independent service provider to you and is not the employee, agent, partner, or subcontractor of any Seller or Buyer in relation to the sale of a Domain Name. The contract formed at the completion of the sale of domain names is solely between the buyer and seller.
7.1 DaaZ.com provides an independent platform to enable:
- Sellers to list and sell their domain names through listings - “Make an Offer” or “Buy It Now” or conduct Auctions for the sale of Domain Names;
- Sellers and Buyers to meet, negotiate and complete transactions;
7.2 You acknowledge and agree that:
You do not have the power to bind DaaZ in relation to any obligation owing to a third party. DaaZ does not own, create, sell, resell, provide, control, offer or deliver listings or the domains referred therein
- By using the Services (either as Seller or Buyer) that DaaZ, in providing the Services and your access to DaaZ.com, is providing a platform for you to be introduced to other Sellers or Buyers (as the case may be);
- DaaZ is not a party to any transaction or agreement between any Seller or Buyer and is not responsible for any act or omission of any Seller or Buyer;
- DaaZ is neither a seller nor does it conduct auctions on behalf of Sellers. All Auctions are conducted by Sellers on their own behalf;
- Generally, the relevant seller is indicated on the respective listing page, except when it is private sale;
- DaaZ and/or its employees are not responsible in any way for the compliance by each Buyer or Seller with the Sale Agreement;
- DaaZ do not guarantee and cannot ensure that a Buyer or Seller will actually complete a sale of a Domain Name or act lawfully in their use of DaaZ.com.
8.1 Fees payable by a Seller
When you, as a Seller, set up a direct auction for the sale of your Domain Name, you:
- Will pay an up-front direct auction Fee to DaaZ as indicated on the website and you agree that in the event your Domain Name should sell in auction, you will pay a Success Fee.
- When you, as a Seller, make a sale of your Domain Name via your Listing, payment of the Success Fee. The Seller permits DaaZ to automatically deduct the Success fee + Value added tax on Success Fee as applicable.
- The Success fee is mentioned at the DaaZ platform and is subject to revision, from time to time.
8.2 How the Seller’s are paid
When your Domain Name is sold and successfully handed over to the buyer, fees will be disbursed to the payment details entered in the seller’s profile, within 14 days of resulting domain transfer to the buyer.
8.3 Payment Gateways
- DaaZ is not escrow provider, it uses Stripe as Payment gateway to collect the funds from buyers
9. Processing of Refunds
9.1 Circumstances in which a refund may be paid
DaaZ may refund an amount of any DaaZ Fees paid by you if:
(a) Any refund policy in the Rules entitle you to a refund;
(b) DaaZ is required by law or considers that it is required by law to do so.
- DaaZ’s determination as to whether a refund is required is final and conclusive and may not be challenged by you.
9.2 How refunds are paid
If DaaZ issues you a refund, that refund will be paid to you using the same payment methods you used to pay any Fees to DaaZ or via any other method DaaZ chooses from time to time.
9.3 Withdrawal of a Listing or Auction
If you, as a Seller withdraw a Listing or Auction (where permitted by the Rules), then unless we otherwise expressly state to the contrary, there will be no refund of any amount of the Fees paid by the seller in respect of the Listing Sale or Auction.
10. Suspension of the Services
Without limiting DaaZ’s other rights arising under this Agreement, DaaZ may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:
- DaaZ considers that you have breached any of your obligations to DaaZ under this Agreement;
- DaaZ considers that you are using your User Account in bad faith or to collude in any way to reduce the amount of Fees that would ordinarily be payable to DaaZ;
- You are using your User Account or the Services for illegal or fraudulent means or in a manner which DaaZ in its sole discretion considers offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
- DaaZ’s sole and absolute opinion, the provision of the Services to you is resulting in an unreasonable load on DaaZ’s servers or DaaZ’s other services;
- If a notice of a claimed trademark / copyright infringement has been lodged against you, subject to the outcome of DaaZ’s notice and takedown procedures;
- If DaaZ has reasonable grounds to believe that you are a repeat infringer of any kind of Intellectual Property Rights.
- DaaZ may suspend the Services where permitted under clause 10.1 at any time including without limitation, during or after a Listing
- DaaZ’s suspension of the Services may, in DaaZ’s sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time;
- DaaZ may in its sole discretion reactivate the Services and your User Account for you at any time following suspension.
For the avoidance of doubt, you may not take any outstanding dues during any period of suspension of your User Account. Further DaaZ may in its discretion retain the balance in your account towards compensating DaaZ for any loss and damage it may have suffered as a result of your breach of this Agreement which lead to the User Account suspension.
During a suspension of your User Account, any Listings (whether for Auction or Make an Offer or Buy It Now) will be suspended or terminated (as determined by us in our sole and absolute discretion).
11. Retention & Backup Policy
The logs and user data would be retained as a backup by DaaZ within the servers for at least 6 (six) months from the date of its creation or for such period as may be required in terms of law, whichever is greater. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a DaaZ user agree that in no case, DaaZ can be held responsible for loss of data under any circumstances.
12. Monitoring and Support
To ensure users receive the highest possible level of service, DaaZ may randomly monitor the DaaZ services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
You can obtain assistance with any technical difficulty that may arise in connection with user's utilization of the DaaZ Services by requesting assistance via email to . We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the DaaZ Services and users shall be responsible for all charges related thereto.
13. Term and Termination
This Agreement will commence on the date that you first create a User Account with DaaZ and will terminate at the later of the date that:
- The User Account is terminated or closed;
- You otherwise permanently cease using the Services.
If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, or you otherwise recommence to use the Services, then you will again become bound by this Agreement at that time.
This Agreement and your User Account may be terminated by DaaZ at any time for any reason whatsoever with or without notice to you.
This Agreement may be terminated by DaaZ immediately on written notice to you:
- If you are in default or breach of this Agreement;
- DaaZ has provided you with 24 hours written notice of the default or breach and where the breach or default is capable of rectification, you fail to rectify the breach or default within the period of the notice;
- DaaZ has reasonable grounds to believe that you are a repeat infringer of Trademark or other Intellectual Property Rights;
- Without cause by giving seven (7) days notice to you.
Upon the termination of this Agreement:
- Any Listings which you have placed on DaaZ.com will instantly terminate;
- DaaZ will, within a time period determined by DaaZ, withdraw the use of the Services from you;
- Any DaaZ balance you hold will be cancelled immediately;
14. Limitation of Liability and Implied Terms
You acknowledge that DaaZ and its Third-Party Providers have made no warranties that the Services will be continuous or error free.
You acknowledge and agree that DaaZ and its Third-Party Providers shall have no liability or responsibility to you whatsoever for any unauthorised withdrawals or unauthorised spend of your DaaZ balance, including where such withdrawal or spend arises from any unauthorised use or access of your User Account or DaaZ.com.
You acknowledge and agree that DaaZ and its Third-Party Providers have not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by DaaZ under this Agreement, other than those warranties expressly contained in this Agreement.
You agree that DaaZ and its Third Party Providers will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether or not as a result of any breach or default by, or any negligence of, DaaZ or its Third Party Providers.
You agree that DaaZ and its Third Party Providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in DaaZ complying with its obligations under this Agreement, where such failure or delay has arisen or is anticipated to arise as a direct or indirect result of:
- Fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- Denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- A significant demand is placed on DaaZ’s services which is above the usual level of demand and which results in a failure of DaaZ’s software and hardware to function correctly;
- The failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to DaaZ;
- Any other circumstances or events which are beyond the reasonable control of DaaZ or the Third-Party Provider (as the case may be).
The maximum aggregate liability of DaaZ under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the Fees paid by you to DaaZ.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of DaaZ will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
You indemnify DaaZ, its agents, officers, employees, and Third-Party Providers (“Indemnified”) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified suffer or incur as a direct or indirect result of:
- Any breach by you of any representation, warranty or term of this Agreement;
- Any acts or omissions by you which are described in clause 10.1;
- Any breach by you of your obligations to a third party, including another Seller or Buyer;
- Any infringement by you of the rights of a third party including Intellectual Property Rights;
- Any legal proceedings threatened or initiated against DaaZ by a third party as a result of the events described above.
16. Intellectual Property
You acknowledge that DaaZ is the owner of all Intellectual Property Rights which exist in your User Account and DaaZ.com (but not your Domain Name). You acknowledge that you have no Intellectual Property Rights in your User Account or in DaaZ.com
Each Seller warrants to DaaZ that its Domain Name and its Listing at all times will not infringe the Intellectual Property Rights of a third party. In case any third party rights are infringed, the same can be reported here by any user or a trademark owner.
You acknowledge and agree that DaaZ will not be liable or responsible for any breach by a Buyer or Seller of any Intellectual Property Rights or other rights held by a third party in relation to the supply or purchase of a Domain Name or in relation to a Listing.
You hereby grant DaaZ a royalty free, irrevocable, worldwide, perpetual licence to display and use the contents of your Listing on DaaZ.com, including any excerpts from your Domain Name which are contained in your Listing.
DaaZ may amend the terms and conditions of this Agreement at any time. Such amendments will take effect from the date of their notification to you (“Amendment Date”). You agree that without limiting the ways in which it may be bound by such amendments, you will be deemed to have agreed to such amendments by making use of or accessing your User Account or DaaZ.com after the Amendment Date.
Unless otherwise requested in writing by you, DaaZ may use your corporate identity (if applicable) or report sales / purchases as part of promoting the Services and DaaZ in the market place.
Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice.
This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.
A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
DaaZ may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer your rights or obligations under this Agreement without the prior written consent of DaaZ (which may be withheld).
The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
This agreement is governed by, and must be construed in accordance with, the laws of the England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of the England & Wales and their Courts of Appeal