The Effective Date of this Terms of Service is July 1st 2019,
which describes the terms and conditions you shall agree, accept and adhere to by using
our service, located at http://www.buyatadiscount.com (“Buy At A Discount”).
Please read these terms carefully. By using
www.buyatadiscount.com or signing up for an account to be a “Member”, you are agreeing
to these Terms. This constitutes a legal agreement between you and Buy At A Discount.
1. Limited Use
As long as you use the services provided by Buy At A Discount,
we grant you a limited, non-transferable license to use Buy At A Discount Intellectual
Property in accordance with the terms of this agreement. Buy At A Discount reserves all
rights in the Intellectual Property of Buy At A Discount that are not expressly granted
If you choose to use our service and be a “Member” you
acknowledge that you have full power, clarity, capacity and authority to accept these
terms. We consider the person or business entity in whose name the account is registered
in to be the owner.You hereby agree to the following terms:
You must be at least 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent;
You must personally and manually create your account without using any
automated means; except the auto-complete feature in your website browser,
and not allow any third party to use your information to create an account;
When you register your account, you must provide any necessary information
we request, including but not limited to, legal full name, address, payment
details and email address.
You are responsible for your own conduct and activities on, through or
related to our service. If there is any unauthorized use of your account,
you must immediately notify us of any unauthorized use of your account.
Failure to do so may result in account suspension.
The charges related to our services are posted on the seller section of our
website which can be located at seller.buyatadiscount.com and may be changed
from time to time.
A valid credit card is required for paying accounts.
Service charges are billed in advance on a monthly basis. You can apply for
a refund within 7 days of first payment if you don’t use any service of Buy
At A Discount during this period. To apply for a refund you must cancel your
service within your Buy At A Discount Seller’s account, and contact our
Monthly Service Plan payments are due for any month on the same date, or the
closest date in that month, to the day you signed up with us and made your
first monthly payment.
For upgrades in plan level, you can choose to be charged the new rate
immediately or on your next billing cycle.
For any downgrade in plan level, the credit card that you provided will
automatically be charged the new rate on your next billing cycle.
Downgrading your service may cause the loss of content, features, or
capacity of your account. Buy At A Discount does not accept any liability
for such loss. Both downgrades and upgrades can be made within your seller’s
After the first free 30 days trial of your selected membership tier, you
will be automatically charged on day 31 if your membership is not canceled.
This first payment is non-refundable. By signing up for an account you agree
to these terms.
4. Cancellation and Termination
All or part of your content may be deleted from our website upon
cancellation. Any information deleted cannot be recovered once your account
You must cancel your monthly service plan at least 24 hours prior to the
next monthly due date in order to avoid being charged for that month.
Buy At A Discount has the right to suspend or terminate your account and
refuse any and all current or future use of the Service, or any other Buy At
A Discount service, for any reason at any time. Such termination of the
service will result in the deactivation or deletion of your account or your
access to your account. It will also result in the forfeiture and
relinquishment of all content in your account. Buy At A Discount reserves
the right to refuse service to anyone for any reason at any time.
If you temporarily shut down your account by removing all the products
listed, you should continue to guarantee the delivery of the goods, returns
and warranty repairs, rights protection and complaint handling, and other
transaction guarantees before the closing of your account.
5. Mutual Non-Disparagement Covenant
You agree that you will not, at any time, make directly or
indirectly, any oral or written public statements that are disparaging of us, our
products or services, and any of our present or former team. We (limited to its officers
and directors) agrees that we will not, at any time, make, directly or indirectly, any
oral or written public statements that are disparaging of you. Disparagement shall be
defined as any oral or written public statements that impugn the qualities, character,
honesty, integrity, morality, business acumen or abilities of the subject matter. The
parties acknowledge and agree that it would be difficult or impossible to determine with
absolute precision the amount of damages that would or might be incurred as a result of
a party's violation of this covenant. The Parties agree that the liquidated damages in
the region of $50,000 per violation provided under this agreement are in lieu of actual
damages and are the parties' reasonable estimates of fair compensation for the losses
that may reasonably be incurred by each violation of this covenant.
6. Member Warranties.
You agree not to:
Infringe on any third party’s ownership rights by using any material in your
uploads or transmissions that is not owned or licensed by you. This includes
text, photos, graphics, and other content;
Use any misleading or incorrect names, addresses, email addresses, subject
lines, photographs, content or other information on the website or in any
communications or transmissions sent using our service;
Breach or circumvent any laws, third party rights or our systems, policies,
or determinations of your account status;
Use any robot, spider, scraper or other automated means to access our
service for any purpose;
Harvest or otherwise collect information about buyers without their
Sell or provide these goods and service: prohibited or restricted by the
state; infringes upon the intellectual property or other legal rights of
others; Buy At A Discount platform rules, announcements, notices or
agreements signed by each platform and you have clearly stated is not
suitable for sale and / or provided on the Buy At A Discount platform.
Sell any branded counterfeit goods.
Attempt to manipulate in any way Buy At A Discount’s algorithms.
7. Intellectual Property
The Buy At A Discount Website, its original Content, features, functionality
(including look), and Service Content (“Intellectual Property”) remain the
property of Buy At A Discount and are protected by US and international
copyright, trademark, patent, trade secret and other intellectual property
or proprietary rights laws. You shall not acquire any intellectual property
rights under this agreement except the limited right to use as set forth
above. You agree to not copy, modify, create derivative works of, publicly
display, publicly perform, or republish any of our copyrighted material. The
term “Content” includes, without limitation, information, data, text,
photographs, videos, audio clips, written posts and comments, software,
scripts, graphics, ad words, and interactive features generated, provided,
or otherwise made accessible on or through Buy At A Discount.
For the materials you upload to or transmit to Buy At A Discount, You
represent and warrant that you either own or have permission to use them.
You grant us a non-exclusive worldwide license to use or disclose your
materials only as we see fit and/or describe in these terms and our Privacy
Buy At A Discount may use and disclose your information
according to our Privacy
9. Attorneys Fees
In any legal action between the parties concerning this
Agreement, the prevailing party shall be entitled to recover damages, other relief may
be awarded, its costs and expenses, including reasonable attorneys fees, litigation
costs, subpoena costs.
You will indemnify us (and our officers, directors, agents,
subsidiaries, joint venture and employees) against any claim or demand, including legal
fees and costs, made against us by any third party due to or arising out of your breach
of this agreement, or your infringement of any law or the rights of a third party in
using the site and site services.
11. Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in
connection with it or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with the law of US.
The courts of US shall have exclusive jurisdiction to settle any dispute or claim
arising out of or in connection with this agreement or its subject matter or formation
(including non-contractual disputes or claims).
12. Force Majeure
We shall not be liable for any failure of or delay in the
performance of this agreement for the period that such failure or delay is due to causes
beyond our reasonable control, including but not limited to acts of God, war, hackers,
third party internet providers, government orders, power failures, nuclear destruction,
or any other force majeure event.
The section headings in this agreement are provided for
convenience only and are not to be considered in the interpretation of this agreement.
Our failure to act with respect to an anticipated or actual
breach by you or others does not waive our right to act with respect to subsequent or
similar breaches. Nothing in this section shall exclude or restrict your liability
arising out of fraud or fraudulent misrepresentation.
We may change this agreement from time to time, and any updated
Changes to this Agreement are effective as of the stated "Last Update Date" and your
continuously using the Site on or after the Last Update date will be deemed as your
acceptance of, and agreement to be bound by, those changes. The latest agreement will
replace all the previous agreements.
16. Entire Agreement
additional terms you have agreed to constitute(s) the entire agreement with respect to
its subject matter and constitutes and supersedes all prior agreements, representations
and understandings of the Parties, written or oral.
In the event that any of the provisions contained in this
agreement shall, for any reason, be declared or held to be unreasonable, unlawful,
unenforceable or otherwise invalid in any respect, such term or provision shall be
deemed modified to the extent necessary to make it enforceable, and in no event shall
such declaration or holding affect the validity of any other provision of this
Agreement, all of which provisions shall continue with effect in accordance with their
All notices to You will be effective when we send it to the
last email or physical address you gave us or posted on our Website (You consent to
receive communications from us electronically, and we will communicate with you in a
variety of ways, such as by e-mail, text, or by posting notices and messages on this
Website). Any notice to us will be effective when delivered to us at:
19. Disputes between you and Sellers
By using our services you agree you acknowledge that we provide
matchmaking and platform services only. You agree that we have no liability for any
other aspect of service delivery or interaction between you and sellers. We are not
responsible in any way for any dispute between you and sellers and do not have an
obligation to provide a dispute resolution mechanism.
You acknowledge and agree that in the event that a dispute
arises between you and sellers that you will first attempt to resolve any differences.
If you have difficulties to settle a dispute with sellers, you can contact us. However,
you acknowledge that we are not a judicial or alternative dispute resolution institution
and that we will make the determinations only as an ordinary reasonable person. In
relation to disputes with any seller, you hereby agree to indemnify us from any and all
claims, demands, and damages, actual and consequential, of every kind and nature, known
and unknown, that is related to such disputes.