General Terms of Sale and Use

 

1) Definition

 

Ad: Refers to all the elements (text, photos, videos, etc.) posted by an Advertiser under their exclusive responsibility on the Cyphoma site in order to sell, buy, or rent an item, offer or seek a service, or to meet other people.

Advertiser: Refers to any person (private individual or professional) using the Cyphoma platform to post an Ad in order to sell, buy, or rent an item, to offer or seek a service, or to meet other people.

User: Refers to any visitor accessing the Cyphoma site via the internet.

Pro Account: Refers to a secure, personal area in which an Advertiser, a Private Individual or Professional, can post and manage their Ads. They have the option of taking out a bonus credit pack.

 

2) Purpose

 

These General Terms establish the contractual terms applicable to purchases, payments, and the use of the Cyphoma site.
 

3) Acceptance

 

Any use of the Cyphoma platform implies full acceptance of these General Terms of Sale and Use.
 

4) Price

 

  • Prices are indicated in the currency defined by the user.

  • The payment currency depends on the user’s choice and the acceptance options of the payment platform (PayPal or Facebook).

  • The currency conversion rate used is the rate from the previous day (source: open source Exchange Rates).

  • Cyphoma reserves the right to change its prices at any time.

 

5) Payments

 

  • All payments must be received before the Ad is posted on the site. Payment is by bank card, PayPal account, or Facebook Credits.
     
  • Transactions are ensured by the PayPal or Facebook service providers depending on the Advertiser’s choice. No refund is possible after confirmation of payment. A receipt or invoice will be issued for every transaction and sent directly by the chosen service provider.

 

Payment is required in the three following cases:

 

Paid options:

 

  • All Advertisers can subscribe to one or more paid options for the same price.
     
  • The paid option is subscribed to for one Ad only. Multiple paid options can be subscribed to, simultaneously or not.
     
  • Advertisers can subscribe to a paid option when the Ad is posted, during its posting period, or when it is renewed.
     
  • Each option has a specific duration, which is indicated when you subscribe to it. The option extends the duration of the Ad for as long as the option is valid.
     
  • If the Ad is removed early (either by the Advertiser, or by Cyphoma in the event of content violation), expires, or the option expires, the paid option shall cease to be effective. No refund may be requested for the remaining period of the paid option(s) subscribed to.
     
  • The renewal of an Ad does not extend the duration of the paid option(s) subscribed to.
     
  • If the Ad is refused by Cyphoma due to non-compliance with the posting rules, the Advertiser will be asked to modify their Ad. If Cyphoma is forced to reject the Ad before or during its posting (due to non-compliance with posting rules or because its content was legitimately reported as a violation), no refund for the paid option(s) will be made.

 

Charges for posting in a paid category:

 

  • Posting fees may be applicable due to the geographic area, category, and/or status of the Advertiser. They are to be paid when posting the Ad.
     
  • These fees are payable for the Ad period, i.e., 60 days
    .
  • If the Ad is removed early (either by the Advertiser, or by Cyphoma in the event of content violation), no refund may be requested for the remaining time.
     
  • If the Ad is refused by Cyphoma due to non-compliance with the posting rules, the Advertiser will be asked to modify their Ad. If Cyphoma is forced to reject the Ad before or during its posting (due to non-compliance with posting rules or because its content was legitimately reported as a violation), no refund will be made.

 

Purchasing a Pro credit pack:

 

  • The Advertiser has the option of taking out a bonus credit pack via their Pro Account.
     
  • The credit cannot be refunded or exchanged and can be kept for an unlimited length of time.

 

6) Cancelation

 

  • The Advertiser may cancel the Ads online at any time and with no advance notice by selecting the deletion option provided for this purpose.
     
  • A Pro Account user can cancel the account at any time and without advance notice by writing directly to customer services. Given the bonus credit systems, no refund will be made when the account is cancelled if the account has a positive balance.

 

 

7) Commitments and Guarantee

 

  • The Advertiser certifies that their Ad complies with all of the current legal and regulatory provisions in effect in their country and for their business. They must ensure they comply with these General Terms of Sale and Use and the Posting Rules.
     
  • The Advertiser hereby guarantees not to infringe the rights of third parties.
     
  • The Advertiser shall engage their exclusive liability for all Ads posted and distributed by Cyphoma. Consequently, the Advertiser hereby relieves Cyphoma of all responsibility. The Advertiser hereby guarantees Cyphoma against any convictions or legal and extralegal costs resulting from a third party, and shall compensate Cyphoma for any damages resulting from the violation of this provision.
     
  • The Advertiser hereby agrees to offer only items which they possess or which they have been entrusted to sell. In the event the item is unavailable, the Advertiser hereby agrees to remove the Ad as soon as possible.

 

8) Limitation of liability

 

Cyphoma hereby agrees to implement all necessary resources in order to ensure the best possible provision of its service.

Cyphoma cannot be held responsible in the event of improper performance or non-performance resulting from:

 

  • the fault of the User or Advertiser
     
  • any case of force majeure whatsoever
     
  • an interruption due to maintenance operations
     
  • the momentary inability to log in due to a technical problem
     
  • a computer attack or hacking
     
  • a malfunction due to the very nature of the internet network

 

8) Privacy policy

 

Type of Information Collected:

When you visit the Website www.cyphoma.com, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Website, we may also collect personal information that you provide such as your name, mailing address, email address, home country, and zip code (“Registration Information”). You have the option of also providing to us your phone and fax numbers, gender, age, and/or company name if you choose to register with CYPHOMA. If you provide your phone number, it will be displayed in your posting. We may also collect additional information that our users provide, such as new or deleted postings, new or deleted comments, keyword searches, scam reports and new contact sellers. We use a third-party credit card processing company for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your. By using this Website or the Service, you consent to collection, storage, and use of the personal information you provide for any of the Services that we offer, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by CYPHOMA.

 

Cookies

We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third-party service providers may use cookies on the Website. We cannot control or access cookies used by third- party service providers. This Privacy Policy covers only Cookies used by us, and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Website.

 

Third Parties

We use third-party service providers to process purchases you make and to monitor our users’ interests. In addition, the Website may occasionally contain links to Third-Party Sites. If you click on the links to Third-Party Websites, you leave the Website. We are not responsible for the content of these Third-Party Websites or for the security of your personal information when you use the Third Party Websites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. They may collect information such as your IP address, browser specification, or operating system. This Privacy Policy does not govern personal information provided to, stored on, or used by these third-party providers and Third-Party Sites. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Website and Third-Party Websites in order to provide advertisements about goods and services of interest to you. On the Website, Google, as a third-party vendor, uses Cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Website’s users based on their visit to the Websites and Third-Party Websites. For more information on the DART Cookie see: http://www.doubleclick.com/privacy/faq.aspx. You may opt out of the use of the DART Cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: http://www.google.com/privacy_ads.html. You may opt out of targeting advertising for all NAI member ad networks by visiting: http://www.networkadvertising.org/. By publishing an ad on the Website, you acknowledge and agree that the Content is public and accessible by any third party and that they may appear on Facebook or Twitter, in search engine results (such as Yahoo!, Bing, Google, and other search engines) and in the cache of those search engines, in feeds and Third-Party Websites pursuant to cobranding agreements, and that it is the sole responsibility of each of those search engines, Third-Party Websites or RSS web feed resources to update and/or to remove Content from their indexes and their cache. You agree and acknowledge that CYPHOMA is not be liable for the information published in search results or by any Third-Party Website that carries CYPHOMA postings.

 

How Your Information is Used

We may use information provided by you to: (i) enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Website; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may block users located in certain countries from using the Website. We may retain such information for as long as is required to fulfill our business objective, even after your account is terminated.

 

Protecting Your Personal Information

You are a valued customer, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store your credit card information. Secured socket layer (“SSL”) technology is used for processing payment transactions with third- party service provider partners, such as PayPal or Facebook. Your Registration Information may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. Lastly, you may utilize the Website as an anonymous user by not registering. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect the personal information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You may participate in our Forum or utilize our Comments feature. For postings to the Forum, your username will be posted. For postings using the Comments feature, your name and email will only be posted if you provide it in the comment. We strongly discourage posting any information on these features or in any Content posted by you that you do not want others to see. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.

 

Accessing and Modifying Personal Information

You may access, remove, review, and/or make changes to personal information that you have provided to us via the Contact Support form. You need not register in order to post or respond to advertisements on the Website. If you register, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Website, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from CYPHOMA related to your account.

 

Disclosures

On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of CYPHOMA, our users or the general public. If substantially all of our assets are sold or merged into another company, we will notify you of the transaction. The acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may send you a notice regarding this sale.

 

 

10) Modifications to the General Terms

 

Cyphoma reserves the right to modify the General Terms of Sale and Use at any time. Users and Advertisers are asked to read them regularly.

 

11) Assignment of jurisdiction

 

Any dispute shall fall under the exclusive competency of the Commercial Court of Basse-Terre in Guadeloupe.

These General Terms of Sale and Use are subject to French law.

 

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