General Terms of Sale and Use
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.
These General Terms establish the contractual terms applicable to purchases, payments, and the use of the Cyphoma site.
Any use of the Cyphoma platform implies full acceptance of these General Terms of Sale and Use.
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.
- 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:
- 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.
- 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
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.
How Your Information is Used
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.
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.