In order to use this site you must agree to the following:
User Agreement REAL DEAL COMMERCIAL BROKER SERVICE IS PROVIDED AS PER THE FOLLOWING TERMS. REAL DEAL COMMERCIAL BROKER "Agreement" or "User Agreement" in all its language translations posted on this web site are accurately identical and describes the terms and conditions applicable to your use of our services available under the domain www.eRealDeal.com Web site. In the condition you do not approve to be compelled by the terms and conditions of this User agreement, then, please do not use or access our services. We may possibly revise the User agreement at anytime by posting the amended terms and conditions on www.eRealDeal.com Web site. Amended terms shall consequentially be effective 30 days after they are posted on the Web site. This Agreement is in effect upon the confirmation of acceptance of new registering users. You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy before you may become a member. 1. Qualification for Membership.
Our services are available only to those who can form lawfully binding contracts under pertinent law. Our services are not offered to children (personnel under the age of 18) or to permanently or temporarily suspended members. However, If you are a under the age of 18, you can use this service only under the supervision of your parents or guardians. If you do not meet the criteria, then please do not use our service. Moreover, your account and User ID shall not be transferred or sold to other entity. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. 2. Fees and Services.
Bidding on items at eRealDeal.com is free, however, we charge fees for listing items for sale through our Site. When you list an item you have a chance to go through and agree to the fees that you will be charged. Please refer to our Fees Schedule at http://www.erealdeal.com/help/fee_schedule.cfm?lang_id=1. We may amend our Fees for our services from time to time. Our revision to the policy is effective subsequent to at least twenty-one (21) days' notification by posting the changes on our web site. Nevertheless, we may possibly decide to temporarily change our Fees for our services for promotional events and such changes are effective when we post the temporary promotional event on our site. We may in our sole discretion alter some or all of our services at anytime. In the occasion we commence a new service, the fees for that service are in effect at the commencing of the service. Unless declared otherwise. All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
3. REAL DEAL COMMERCIAL BROKER is a venue.
3.1 REAL DEAL COMMERCIAL BROKER is not an Auctioneer. Even though we are generally could be referred to as an online auction web site, it is imperative to apprehend that we are not a conventional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything legal, at anytime, from anywhere, in a range of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot guarantee that a buyer or seller will actually complete a transaction.
3.2 Personal Identity Verification. We use several methods to verify the correctness of the information our users provide us when they register on the Site. However, because user verification on the Internet is hard, we cannot and does not confirm each user's supposed identity. Therefore, we have created a user-initiated feedback system to help you assess with whom you are dealing. We also promote direct communication with likely trading partners through the tools available on the Web site. You may also desire to consider using a third party escrow service or services that provide further user verification.
3.3 Release. As we are a venue, in the occasion that you have a dispute with one or more users, you release REAL DEAL COMMERCIAL BROKER (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Moreover, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and REAL DEAL COMMERCIAL BROKER is not responsible for the acts or omissions of users on the Site.
4. Bidding and Buying.
4.1 As a buyer, you are obligated to complete the transaction with the seller, if you purchase an item through one of our fixed price formats; or if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the item is listed in a category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity. If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items. While importing items into your country from another country you should consider duty, or tax and make sure you comply with the law of both countries. We can't give you legal advice about your particular transaction - users are responsible for ensuring that their transactions are lawful in both countries
5. Listing and Selling.
5.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. You are solely responsible for and to ensure your listings and transactions comply with the laws of the countries where both you and the high bidder reside. We can't give you legal advice about your particular transaction - users are responsible for ensuring that their transactions are lawful in both countries. Listing Guide. (a)Listings of catalogs from which buyers may directly order items are prohibited. In these situations, the seller will typically offer the catalog for low bid prices and complete sales outside of eRealDeal for items found in the catalog. (b) Items must be listed in the appropriate category.(c)In bonus listings, the seller must state the exact price at which the bonus will apply. (d) Cell phone service contracts and any other service contract are not allowed on eRealDeal.com at present
5.2 Binding Bids. Except for items listed in a category under the Non-binding Bid Policy, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies, REAL DEAL COMMERCIAL BROKER may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
5.4 Rights. REAL DEAL COMMERCIAL BROKER works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. Rights owners can report listings offering infringing items, and request that such items be removed. Rights owners may have limited access to some of your personal information as described in the Privacy Policy at (http://www.erealdeal.com/registration/user_agreement.cfm).
5.5 Manipulation. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
5.6 Non-Binding Bid. Certain types of items cannot be sold through the auction system on our site. For that reason, we have a separate policy for these types of items where placing a bid neither represent a lawfully binding contract, compel the seller to sell the item, nor compel the high bidder to purchase the item. If you list these types of items on eRealDeal.com , the listing cannot result in a compulsory contract to buy and sell the item, but is simply a method of presenting attracted likely sellers to presenting attracted likely buyers. The following types of items must be listed in the proper "non-binding bid" category, if such category exists, and may only be listed to seek interest for the item like real estate (homes, real property, time shares, and so forth) and businesses (stock, sale of businesses, and so forth). In addition, we recommend that when you list any of the types of items outlined above you seek legal counsel and the aid of an appropriate licensed professional.
5.7 Item Trade. Item posted for trade for other items is non-auction item and no biding is allowed. Seller here means the user who posted the item for trade and the bidder/buyer would be the person who offers his items to the seller to exchange items. Offer could include an additional amount of money from either party to make equal the trade. The buyer and seller can communicate through various means including email. The trade is not compulsory to either party (seller or buyer). Item posted for trade will not be covered by our insurance policy. Also, we would not handle customer dispute for item trade. Both seller and buyer have to be solely responsible for this trade and resolve any issue.
5.8 Non-payment. eRealDEAL forbid buyers from not completing a buying commitment. We consider non -payment to be a serious violation of our policy. Action against a non-paying Buyer would be First warning, Second warning then a Third will be a suspension. Report a non-paying bidder to customerservice@erealdeal.com. The buyer can also appeal a Non-paying Buyer Warning.
6. INSURANCE and BONUS.
6.1 The insurance policy detailed in this statement is designed to encourage buyers to shop and to provide a safer business environment, it is to persuade greater number of buyers to bid with confidence and create greater probability for seller to sell items and generate greater revenue. Our objective is to make sellers and buyers enjoy trading, create a better business environment and to relentlessly eliminate fraud. We will work vigorously to investigate and obtain details and proof from both parties. The considered fraud cases are (a) items that significantly altered and not what the buyer really bid for (b) Item notably not as per the seller descried details and condition.
Damages due to shipping are not covered, hence, buyer may consider shipping insurance. Also, Item posted for trade will not be covered by our insurance policy
BUYER'S ROLE. REAL DEAL COMMERCIAL BROKER insures buyer up to $200 dollars per seller (less $15 dollars deductible fee) against Seller fraud. Buyer must abide by seller requirement and terms. The Buyer (referred to as "winning-Buyer") must be the highest bidder of that auction, also, has won the bid and has completed the payment transaction with the Seller. Buyer (winning-Buyer) must initiate a customer dispute after fifteen days (15 days), referred as "waiting period", and before forty-five days (45 days), referred as "limit period", from the day bidder has won the item. In the fifteen days (15 days) "waiting period" buyer will attempt to resolve issue privately with the seller. Buyer must engage in resolving the issue in friendly way and not pursue any form of legal or fraud reporting formality during the forty-five days (45 days) period "limit period". If issue is resolved or a compromise is achieved by both buyer and seller then the subject will be closed. If the issue is not resolved between buyer and seller after the "limit period" of 45 days due to seller non-cooperation "non-cooperating seller" as described in Seller's Role below, then, the buyer must initiate a fraud report against the same seller for the item in dispute through CustomerDispute@eRealDeal.com. REAL DEAL COMMERCIAL BROKER will initiate a money refund (in dollars) process as applicable which is $15 deductible (REAL DEAL COMMERCIAL BROKER fee) fifteen days (15 days) after the "limit period" of Thirty days (30 days) and that is forty-five (45 days) from winning the item in dispute. Buyer or winning-Buyer agrees and accept that REAL DEAL COMMERCIAL BROKER in uncommon cases may seek additional verification and details (from buyer or seller) and may at own discretion hold or decline claim (for example, due to insufficient buyer proof or if buyer is suspected of or proven defrauding REAL DEAL COMMERCIAL BROKER. In all dispute cases REAL DEAL COMMERCIAL BROKER will ensure to do its utmost effort to compensate and retain defrauded buyer as a valuable asset. Any inquiries may also be sent to CustomerService@eRealDeal.com.
SELLER'S ROLE. Seller accepts and authorize willingly that REAL DEAL COMMERCIAL BROKER at its own discretion may possibly recover an amount (using any available payment transaction method and proper means, example credit card. Charge on credit card could be described as an order of security fees or insurance fees) from the seller who happen to be "non-cooperating-seller" owing to REAL DEAL COMMERCIAL BROKER up to $175 or less list item cost plus $15 deductible (REAL DEAL COMMERCIAL BROKER fee) per disputed item as claim charges, this amount is not refundable. Seller will also be blocked permanently. A Seller agrees and accepts that not responding to buyer and REAL DEAL COMMERCIAL BROKER communications during the "Limit Period" or not participating to genuinely solve the dispute issue will automatically mark him as "non-cooperating-seller". On the other hand, if seller contact the buyer or REAL DEAL COMMERCIAL BROKER and participated to resolve the disputed issue during the limit period, then no fees (security or insurance fees) will be charged to the seller. Seller agrees and accepts that these measures are design to protect buyers as well provide a precious business environment for seller. Any inquiries may also be sent to CustomerDispute@eRealDeal.com.
6.2 BONUS.
Upon REAL DEAL COMMERCIAL BROKER review and praising of sellers, sellers with 50 or more successfully completed auctions and 98% positive feedback will be entitled for own free Store with own layout and logo.
7. Your Information.
7.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the Café or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
7.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than REAL DEAL COMMERCIAL BROKER's (this does not prevent linking to or advertising a REAL DEAL COMMERCIAL BROKER item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
7.3 License. Solely to enable REAL DEAL COMMERCIAL BROKER to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. REAL DEAL COMMERCIAL BROKER will only use Your Information in accordance with our Privacy Policy.
8. Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to REAL DEAL COMMERCIAL BROKER by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of REAL DEAL COMMERCIAL BROKER and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
9. Feedback.
9.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of -4 (minus four), your membership may be suspended, and you may be unable to list or bid. 9.2 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by REAL DEAL COMMERCIAL BROKER, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between REAL DEAL COMMERCIAL BROKER users, you agree that you shall not market or export your REAL DEAL COMMERCIAL BROKER feedback rating in any venue other than an REAL DEAL COMMERCIAL BROKER operated website.
9.3 Import. We do not provide you the technical ability to import feedback from other (non- REAL DEAL COMMERCIAL BROKER operated) websites to REAL DEAL COMMERCIAL BROKER because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
10. Breach.
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
11. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://www.erealdeal.com/registration/user_agreement.cfm. If you object to your Information being transferred or used in this way please do not use our services.
12. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some countries/states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from a country to a country and state to state.
13. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some countries or States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
15. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
16. Independent.
You and REAL DEAL COMMERCIAL BROKER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to REAL DEAL COMMERCIAL BROKER or to the email address you provide to REAL DEAL COMMERCIAL BROKER during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to REAL DEAL COMMERCIAL BROKER during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18. Resolution of Disputes.
In the event a dispute arises between you and REAL DEAL COMMERCIAL BROKER, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and REAL DEAL COMMERCIAL BROKER agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
18.1 Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $1000, you or REAL DEAL COMMERCIAL BROKER may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by a UAE Arbitration Association or in accordance with their applicable rules, or any other established (Arbitration Association) provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
18.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located where the defendant is located (in our case City of Dubai in the country of United Arab Emirates, and in your case your home address or principal place of business). You and REAL DEAL COMMERCIAL BROKER agree to submit to the personal jurisdiction of the courts located within City of Dubai in the country of United Arab Emirates.
18.3 Alternative Dispute Resolution. Alternatively, REAL DEAL COMMERCIAL BROKER will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in City of Dubai in the country of United Arab Emirates or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 19, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
19. Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site User Agreement and Privacy Policy http://www.erealdeal.com/registration/user_agreement.cfm Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
General.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by REAL DEAL COMMERCIAL BROKER in accordance with Section 18 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 7.3 (License), 8 (Access and Interference), 14 (Liability Limit), 15 (Indemnity) and 19 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
Disclosures.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Disputes between you and REAL DEAL COMMERCIAL BROKER regarding our services may be reported to Customer Support by email to CustomerService@eRealDeal.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity. Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.
REAL DEAL COMMERCIAL BROKER Privacy Policy
At REAL DEAL COMMERCIAL BROKER, we commit our selves to safeguard your privacy using all means of security measures and procedures. We do not put up for sale, advertise, or rent your personal information to third parties for their marketing purposes without your permission. Please read this privacy policy to understand how we protect your personal information. In addition to making you totally being aware of our privacy tradition together with our Privacy Policy, you would be having our Privacy service department to inquire about any privacy issues.
If you have inquiries, you may send email to privacy@eRealDeal.com.
Overview
Our privacy practices of this statement are valid for our services available under the domain of www.eRealDeal.com Web site. By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site.
This Privacy Policy explains the information we collect from you, as part of our service, and what may happen to that information. We do our utmost to provide a regular privacy practices guidelines to our trading community in order to share out pleasure of trading while enjoying online confidentiality.
Therefore, by accepting the Privacy Policy and the User Agreement in registration, you explicitly permit us to use and release your personal information in accordance with this Privacy Policy. This Privacy Policy is included into and subject to the terms and conditions of the REAL DEAL COMMERCIAL BROKER User Agreement. This Privacy Policy is in effect upon acceptance in registration for new registering users.
1. Children eligibility specifics.
Children (persons age of 18) are not eligible to use our service Site unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Site under the supervision of your parents or guardians.
2. Information We Collect.
Our main objective in collecting personal information is to provide you with a secure, effortless, well organized, and personalized experience. This allows us to personalize our service in order to make your search and trading experience safe and smooth. We only collect personal information about you that we believe essential for achieving this objective.
You can browse the Site without you revealing any personal information about yourself. As soon as you give us your personal information, you are not unrecognized by us. If you decide to use our services, we may need you to provide contact and identity information, billing information, shipping information and other personal information as specified on the forms throughout the Site. Anywhere feasible, we specify which fields are required and which fields are voluntary. You always have the option to not provide information by choosing not to use a particular service or feature.
Under some circumstances, we may require some additional financial information if you are registering using an email account at a free email service, or registering to sell on the Site. We use your financial information, including credit card information to validate your name, address, and other information, as well as to bill you for your use of our services.
We may consequentially trace particular information based upon your behavior on the Site. We use this information to do internal research on our users' demographics, interests, and behavior to better recognize, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. The majority of cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you may be required to reenter your password more repeatedly during a session.
Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.
If you choose to bid, buy or sell on the Site, we collect information about your bidding, buying and selling behavior. We also collect other users' comments about you in our feedback area.
If you establish a credit account with us to pay the fees we charge, we collect some additional information, such as a billing address, a credit card number and a credit card expiration date and tracking information from checks or money orders.
If you desire to post send a message using our Message Center (an email message to other users) we could collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
If you register at our site www.eRealDeal.com from another web site or use a web site providing a service for REAL DEAL COMMERCIAL BROKER or a web site that helps facilitate your activity on www.eRealDeal.com, that web site may provide personal information about you and your transactions back to REAL DEAL COMMERCIAL BROKER (the site www.eRealDeal.com).
3. Our Use of Your Information.
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
If you choose to list an item for sale on the Site or open a credit account, or otherwise provide us with your financial information, we use your address and billing information to bill you and provide associated support.
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the notification preferences page. You may make changes to your notification preferences at any time.
4. Our Disclosure of Your Information.
As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our services.
Advertisers. We accumulate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are not disclosed to these third parties in a personally identifiable manner without your explicit consent.
REAL DEAL COMMERCIAL BROKER (www.eRealDeal.com) Community. Your User ID is displayed throughout the Site and is therefore available to the public. All of your activities on the Site will be identifiable to your User ID. Other people can see your bids, items that you have purchased in the past, your feedback rating and associated comments, your postings on the Site, and so on. Therefore, if you associate your name with your User ID, the people you have revealed your name to will be able to personally identify your REAL DEAL COMMERCIAL BROKER activities. Although our pages are coded with robot exclusion headers, others may illegally attempt to automatically collect your email address from the Site. We describe how to change your email and User ID below in Section 8. We also provide a number of ways to allow other users to find out more about you and your site activities, such as our feature that allows users to quickly see all of the items you are offering at the time. If you are involved in a transaction, we have features that allow other users to view your email address and obtain your contact and shipping information to help complete the transaction. Further, we may send out notices to you or other community members regarding suspicious activity or policy violations on the Site.
External Service Providers. There are a number of separate services offered by third parties that we refer to as external service providers that may be complimentary to your use of the Site (e.g. listing agents, escrow, authentication, mediation, shipping, packaging). If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your personal information to external service providers unless you provide your explicit consent. With your consent we may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent our disclosure of your personal information to an external service provider, you can decline such consent or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. Users who register on an REAL DEAL COMMERCIAL BROKER co-branded web site grant REAL DEAL COMMERCIAL BROKER permission to pass your email address back to that co-branded web site. The use of your email address by the co-brand web sites is limited by their applicable privacy policies.
Internal Service Providers for Our Operations. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced REAL DEAL COMMERCIAL BROKER related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you (such as for REAL DEAL COMMERCIAL BROKER surveys or for a co-branded credit card). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.
Other Corporate Entities. We share much of our data, including personal information about you, with our hosting and site developers to serving your online trading needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. REAL DEAL COMMERCIAL BROKER and our hosting and site developers will share some or all of your personal information with another business entity should we plan to, merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice in as provided in Section 12 ("Notice").
Due to the existing regulatory environment, we cannot ensure that all of your
private communications and other personal information will never be disclosed
in ways not otherwise described in this Privacy Policy. By way of example (without
limiting the foregoing), we may be legally forced to disclose personal information
to an authorized government or third parties (owning rights to your personal
information) under specific circumstances; also, third parties may unlawfully
intercept or access transmissions or private communications, or users may abuse
or misuse your personal information that they collect from the Site. Therefore,
although we use industry standard practices and do our utmost to protect your
privacy, we do not promise, and you should not expect, that your personal information
or private communications will always remain private.
5. Your Use of Other Users' Information.
In order to facilitate interaction among all REAL DEAL COMMERCIAL BROKER (Site www.eRealDeal.com) community members, our Site allows you limited access other users' contact and shipping information. As a seller you have access to the User ID, email address and other contact and shipping information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the User ID, email address and other contact information of the seller.
By entering into our User Agreement, you agree that, with respect to other users' personal information that you obtain through the Site or through an REAL DEAL COMMERCIAL BROKER-related communication or REAL DEAL COMMERCIAL BROKER-facilitated transaction, REAL DEAL COMMERCIAL BROKER hereby grants to you a license to use such information only for: (a) REAL DEAL COMMERCIAL BROKER-related communications that are not unsolicited commercial messages, (b) using services offered through REAL DEAL COMMERCIAL BROKER site (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this Section. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
REAL DEAL COMMERCIAL BROKER and our users do not tolerate Spam. Therefore, without limiting the foregoing, you are not licensed to add an REAL DEAL COMMERCIAL BROKER Site user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent. To report REAL DEAL COMMERCIAL BROKER site related Spam to REAL DEAL COMMERCIAL BROKER, please contact us Spam@eRealDeal.com.
6. Use of Email Tools.
You may not use the Email This Item to a Friend service or other email services that we offer to send spam or otherwise send content that would violate our User Agreement. We do not permanently store email messages or the email addresses sent from these tools.
If you send and email using the "Email This Item to a Friend" service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.
7. Control of Your Password.
You are responsible for all actions taken with your User ID and password, including fees charged to your account. Therefore we do not recommend that you disclose your REAL DEAL COMMERCIAL BROKER site password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in Section 8.
8. Accessing, Reviewing and Changing Your Personal Information.
We offer you the ability to automatically review and change the information you submit to us by logging into the Site and entering in the new information yourself. Generally, we will not modify your personal information based on your request because it is very difficult to authenticate your account manually. You can change your user Id, email address, contact information, financial information, shipping information and user preferences by going the personal information page. You must promptly update your personal information if it changes or is inaccurate. Once posted, you may not be able to change or remove any public postings made on the Site.
Upon your request, we will deactivate your account, contact information, billing information, shipping information, and financial information from our active databases. To make this request, email privacy@eRealDeal.com. Such information will be deactivated as soon as reasonably possible based on your account activity and in accordance with our procedures.
We will retain in our files some personal information you have requested to remove to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and comply with legal requirements as is permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such personal information will be deactivated from public and member viewing and will only be available to select REAL DEAL COMMERCIAL BROKER personal.
9. Other Information Collectors.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are bidders, buyers or sellers on our site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Since REAL DEAL COMMERCIAL BROKER does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before you disclose your personal information to others.
10. Security.
Your information is stored on REAL DEAL COMMERCIAL BROKER site on hosting companies servers located in the United States. They provide to us to use or use them selves procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls" and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet.
11. Privacy Tools.
It is our goal to make our privacy practices easy to understand. If you have questions about any part of this summary or if you would like more detailed information, we encourage you to contact us by email to privacy@eRealDeal.com.
12. Notice.
We may amend this Privacy Policy at any time by posting the amend terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with any available notification means.
FlashPay
Flash Pay is an erealdeal.com private payment system and is an effort to afford a prompt payment system and enjoy a fraud less environment to our valued members while doing business at erealdeal.com. The “user” and “own” mentioned here is the person or entity that purchase or hold eMony and “us” are erealdeal.com. eMoney is an integer number, text or any other data type stored in our records (or database). To use flash pay the user would need to purchase eMoney from us through our website or earn it from a sale made to other user. Purchasing eMoney for flash pay should be made directly from us only, not a third party or other erealdeal.com members. The user may use any method made available by erealdeal.com to purchase eMoney including credit card. The purchased eMoney are undisputable and money or charges are nonrefundable, hence, the purchase is final. The user may not request a refund of money or dispute charges to his credit card. The user must accept the terms in this agreement before purchasing eMoney. Account eMoney balance is the balance after settling all payment commitments and fees to other users and erealdeal.com, which is also called a cleared account balance. The eMoney purchased or earned eMoney can not be considered money or goods, it is named eMoney (only integer number or text) that are stored in our records. The user can request to convert eMoney (also called eMoney cashing) in own cleared account balance to real money after account balance validation and approval by us and by means made available by erealdeal.com. Although we provide prompt eMoney cashing (usually from one to two weeks maximum) the time and method required to convert and send money to the user varies in length and depends on our resources availability. The user is subjected to account limits which can be increased or decreased by us upon our review of user account and decision. The user should confirm to the limits (e.g. buy, sell limits) assigned to the user account. The flash pay and conversion of eMoney are subjected to fees, see fee schedual. Even though we implement strict rules and secure payment system the user is required to use Flash pay at own judgment. The user can always choose to keep his account limit to confidence level. The user should adhere to this agreement as a whole.
1. PAYMENT TERMS. You can purchase FlashPay Services by using your VISA debit or credit card or your ("bank card"). You understand and agree that FlashPay will not transact any payment that is not in U.S. dollars. By completing and submitting the forms required on the eRealDEAL Site to purchase FlashPay Services, you agree that the purchase price plus the non-refundable FlashPay service fee will be immediately charged to or withdrawn from the account associated with such card. Please click here to view our Fee Schedule, which is incorporated herein by reference.
2. SERVICE TERMS. By using the FlashPay Services, you acknowledge and agree that:
a. eRealDEAL expressly reserves the right to refuse to provide FlashPay Services to you, at any time, for any reason deemed necessary to protect eRealDEAL's interest.
b. Notwithstanding anything in this Agreement, if, as part of the FlashPay Services, you purchase a money order or instruct us to provide Direct to Bank Services, (i) in addition to the terms and conditions contained in this Agreement, you are also subject to all terms and conditions appearing on the face of such money order or imposed by the originating, intermediary and/or destination banks and you hereby agree to comply with and be bound by all such terms and conditions; (ii) User assumes all money transfer fees (iii) in the event that such money order is fraudulently cashed or stolen or the money is fraudulently directed to the wrong bank, FlashPay assumes no liability and you agree to assume all liability; and (iiii) FlashPay's obligations with respect to such Direct to Bank request or money order are complete upon FlashPay's (a) deposit with the designated financial institution, or (b) deposit of such money order in the mail or with a recognized courier service.
c. The "destination bank" (the bank to which the user request money transfer (eMoney cashing)) and intermediary banks or other financial institutions are solely responsible for crediting the bank account designated by user. Transfers intended for deposit at destination banks will generally be credited within 3 banking business days after the money is sent, subject to the banks' operating hours, including local holidays. The banks may apply their own rules concerning availability of funds. Transactions: (i) which exceed certain amounts; (ii) to certain destinations; or (iii) that implicate certain regulatory issues may take longer, be subject to dollar limits or be subject to additional restrictions. Transactions may be reported to applicable authorities.
FlashPay does not act as the agent or representative of any bank for any purpose and does not accept deposits on behalf of any bank. FlashPay accepts no responsibility to the seller, to the buyer, or to any accountholder for any acts or omissions of the destination or intermediary banks. FlashPay does not endorse or recommend the services of any bank.
In addition to the service fees imposed by FlashPay, the destination bank may impose additional fees on the seller, resulting in the delivery of less principal than FlashPay received from the buyer.
the following instances in which FlashPay does not accept liability:
a. If any system or equipment was not working properly and you knew or had been advised about the breakdown before you started the transmission;
b. If you do not have sufficient funds available in your bank card account to purchase the FlashPay Services you requested, or if purchasing the FlashPay Services you requested would cause you to exceed any applicable FlashPay Services limit set forth on the eRealDEAL Site;
c. If circumstances beyond our control (such as, but not limited to, power outages, fire, flood, mechanical, telecommunications or systems failure) prevent the proper provision of FlashPay Services, despite reasonable precautions we have taken;
d. If your transaction or the bank card used to fund your purchase of FlashPay Services is intercepted by legal process or other encumbrances restricting execution of the transaction, or your use the eRealDEAL Site or FlashPay Services has been terminated or suspended for security purposes;
e. If we are unable to confirm your identity or have reason to believe that the transaction requested is unauthorized;
f. If you have not provided us with correct, true, current and complete transaction information. If information provided by a seller is incorrect, incomplete or illegible and FlashPay or any bank is unable to complete the transaction within 72 hours after FlashPay attempts to contact the seller to obtain correct, complete, and legible information sufficient to complete the transaction, the buyer will be entitled to a refund of the transaction total, less any fees imposed by the destination bank; or
g. If your transaction or the bank card used to fund your purchase of FlashPay Services is used to pay penalties or fines of any kind, damages, losses or any other costs or fees that are beyond the normal price (plus applicable taxes) for the goods or services provided; gambling services, gambling chips or gambling credits (including but not limited to online gambling); cash; goods which will be resold; or illegal business transactions.
The list of examples set out in this section is meant to illustrate circumstances under which we would not be liable for failing to provide FlashPay Services and is not intended to list all of the circumstances in which we would not be liable.
3. USER ACKNOWLEDGEMENTS. You acknowledge that (i) FlashPay is not a bank; (ii) FlashPay is not insured by any government agency; (iii) neither FlashPay nor the eRealDEAL Site is subject to banking regulations; and (iv) if you are a eRealDEAL "Registered Seller," you assume all risks in accepting payments through FlashPay or the eRealDEAL Site and FlashPay is not responsible for any fees imposed by your financial institution in connection with FlashPay Services, including Direct to Bank Services.
Payment to seller is not refundable if the seller honours the contract.
any changes of commitment by the buyer is not compulsory to the seller.
any issues can be resolved between the buyer and the seller with sellers agreement.
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