DomainGuruG User Agreement
The use of the online services provided by DomainGuruG brand name of jsmglobeLLP company registered under ministery of corporate affairs India company numbers AAO-6353 PAN NO: AAPFJ1835R here after known as (“DomainGuruG”) is governed by the terms and conditions set out below (“User Agreement”).
Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button or checkbox on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services (as defined below) you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
1. Definitions and Interpretations:
1.1. Definitions: In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:
- Auction means an auction conducted by a Seller for the sale of a Domain Name using the auction feature on domaingurug.com
- Brokerage Service means a seller or buyer using the DomainGuruG ’s domain name specialists to sell or buy a domain name
- DomainGuruG.com means the DomainGuruG website and underlying software and infrastructure which permits the holding of Auctions, listings and brokerage services
- Listing means a seller listing the domain name on DomainGuruG.com as a “Make an Offer” or “Buy It Now” sale options
- Buyer means a person who offers to purchase a Domain Name advertised on DomainGuruG.com from a Seller
- Fees means the fees and charges of DomainGuruG which it applies from time to time in relation to the Services
- Intellectual Property Rights means all intellectual property rights of any type whatsoever throughout the world including all rights which exist in copyright, patent rights, trademark rights, designs, whether or not such rights are registered or able to be registered
- Purchase Price means the purchase price agreed between the Buyer and the Seller as part of a listing or the purchase price bid by the Buyer as the Winning Bidder in an Auction
- Seller means an owner of a Domain Name who wishes to sell that Domain Name and who uses DomainGuruG.com to advertise the Domain Name for sale
- Winning Bidder means a Buyer whose bid in an Auction is the successful or winning bid
1.2 Interpretation: In the explanation of this Agreement, unless the differing meaning appears:
- A reference to this Agreement means, a reference to an agreement between you and DomainGuruG on the terms and conditions of this document and includes an amendment or supplement to, or replacement or novation of this Agreement;
- The words “includes” or “including” mean “includes without limitation” or “including without limitation”;
- A reference to a person includes a reference to a company, firm, association or other entity, and vice versa;
- The singular includes the plural and vice versa;
- A reference to any gender includes a reference to all other genders;
- A reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
- An agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
- Where an expression is defined, Another part of speech or grammatical form of that expression has a corresponding meaning;
- Headings are inserted for convenience only and do not affect the interpretation of this Agreement.
2. Services Offered by DomainGuruG
2.1 DomainGuruG provides an online service, in accordance with and subject to, the terms and conditions of this Agreement, whereby (“Services”):
- Sellers may, via DomainGuruG.com, advertise their Domain Name for sale whether by way of an Auction or a Listing Sale;
- Buyers may, via DomainGuruG.com, contact Sellers to offer to purchase their Domain Name;
- Buyers may, via DomainGuruG.com, bid in Auctions conducted by Sellers.
- Buyers or Sellers may request DomainGuruG to help them to buy or sell their domain names using brokerage service
2.2 You, as a user of the Services, may use the Services in the capacity as a Seller, Buyer or both a Seller and a Buyer. The terms and conditions of this Agreement will apply to your use of the Services in either or both of those capacities.
3. Creating a User Account to Use the Services
3.1 Creating a User Account
- You agree to create a User Account with DomainGuruG in order to use the Services.
- Your User Account will be created using DomainGuruG’s online sign-up process
- User Account will permit you to login to DomainGuruG.com to manage your User Account, make use of DomainGuruG.com and to manage other details involving your relationship with DomainGuruG.
- If your sign-up is using the third-party authentication services such as Facebook, Twitter, Linked In then you agree that these parties may aware of you using DomainGuruG services
- You agree to keep confidential and secure any username or password used to access your User Account.
- You warrant that all information provided to DomainGuruG in the setup of your User Account is true and correct in every detail.
- All users of the Services must be 18 years of age or older. By creating a User Account, you represent and warrant to DomainGuruG that you are 18 years of age or older and you can form legally binding agreements under applicable law. You may however permit minors under 18 years of age to use your User Account on your behalf provided that you are their parent or legal guardian, and provided that their use of your User Account occurs under your supervision at all times. If you do permit a minor to use your User Account in accordance with the forgoing then you agree that you are responsible for their actions, omissions or negligence and you indemnify DomainGuruG against any loss, cost, expense or damage it may suffer as a result of the same.
- You agree to only maintain one User Account in relation to your use of the Services and DomainGuruG.com.
- You agree to provide DomainGuruG with all identification documents (including copies of passport, driving licence and utility bills) which DomainGuruG requests from you from time to time for the purposes of verifying your identity.
- You agree to receive email communications from DomainGuruG for commercial purposes. You are able to opt out of these emails later if you wish.
3.2 Use of Your User Account and DomainGuruG.com
You agree that you will only use your User Account and DomainGuruG.com for the purposes of using the Services and for no other purpose. In particular, in using your User Account and accessing DomainGuruG.com, you will not:
- Breach the Rules;
- Resell or sublicense the use of DomainGuruG.com or your User Account to any other person;
- Use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
- Use your User Account to stalk or harass another person;
- Use your User Account to impersonate any person in any way whatsoever;
- Use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
- Your User Account for sending advertising, chain letters, junk mail, “spamming” or any other type of unsolicited email;
- Forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Services;
- Use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
- Use your User Account in such a way which damages DomainGuruG.com or denies access to DomainGuruG.com to other users of DomainGuruG.com;
- Intentionally or recklessly use your User Account in a way that degrades the performance of DomainGuruG.com for other users;
- Cancel an “Auction” initiated by you or cancelling agreed purchases (including any cancellation as a result of a termination of this Agreement) for the purpose of contracting separately with a Buyer you meet through DomainGuruG.com which results in you avoiding paying DomainGuruG any Fees. In these circumstances, without limiting DomainGuruG remedies against you, DomainGuruG may recover its lost Fees from you by suspending your User Account
4. Listings and Auctions
4.1 Your participation as a Buyer or Seller in Listing or Auction or Brokerage will at all times be governed by the Rules. You agree that you are bound by the Rules and will comply with the Rules.
4.2 You may, as a Seller
- Advertise your Domain Name for sale via an Auction or Listing or you may request DomainGuruG.com to act as a brokerage agent to complete the sale;
- Note that you cannot change the type of sale from Auction to Buy It Now or Make an Offer Sale whilst the Auction is active on DomainGuruG.com.
- Note that you cannot change the type of Listing of a domain name if a sale agreement with the buyer is already reached for that domain name
- You accept that the price you listed is including Value added tax, buyer or DomainGuruG is not liable to pay any separate local service or value added taxes.
- You must only list Domain Names for sale which you own and which you are entitled to sell. By creating a Listing for a Domain Names, you are warranting to DomainGuruG and to each Buyer that you are the legal owner of Domain Names and the domain names are transferable to another registrar;
- In listing your Domain Name for Auction or Listing, you agree to comply with the requirements in relation to Auctions and Listings as set out in these terms and conditions or as set out in the Rules.
- When you submit your Domain Name for Auction:
(a) You must specify all details requested by DomainGuruG.com in relation to the Auction;
(b) You must conduct the Auction using the Auction feature provided by DomainGuruG.com;
(c) You must conduct the Auction in accordance with the Rules;
(d) You must sell your Domain Name to the Winning Bidder.
- When you list your Domain Name for Make an offer or Buy It Now listing:
(a) You must specify all details requested by DomainGuruG.com in relation to the listing;
(b) You must conduct the listing in accordance with the Rules
(c) You are not compelled to sell your Domain Name to any particular Buyer using a Listing. However, if you do elect to sell your Domain Name to a particular Buyer via a Listing, then you agree that you must effect the sale and transfer of that Domain Name to the Buyer.
4.3 Conduct of Buyers
As a Buyer, you may offer to purchase a Domain Name of a Seller via DomainGuruG.com. Your offer to purchase must be submitted via DomainGuruG.com. In the case of an Auction, your offer to purchase will be submitted as a bid in the Auction. All offers to purchase a Domain Name (including an Auction bid) must be made in accordance with the Rules.
5. Relationship Between Buyers and Sellers
5.1 Status of Agreeing to Sell
- When a Seller agrees to sell to a Buyer (whether by way of Auction or Listing Sale) and the Buyer agrees to purchase, then the listing will be closed.
- In the case of a bid at an Auction, the offer to purchase will dismiss once a higher bid is made by a third-party.
- The Buyer’s offer to purchase is not recognised until it is accepted by a Seller.
5.2 Terms and Conditions of the Sale Between the Seller and the Buyer
- Any offers made to the domain name purchase on “Make It Offer” listing are legally binding for a duration of 5 days
- You acknowledge the rules described in this used agreement as the terms and conditions governing the sale and/or purchase of a Domain Name:
6. No Double Selling
You agree that if you, as a Seller, list a Domain Name for sale via Auction, then, for the duration of that Auction, you will not advertise or offer to sell the Domain Name through any other third-party service or make direct approaches to potential purchasers outside DomainGuruG.com unless otherwise authorized by DomainGuruG.com. You acknowledge that the purpose of this restriction is to avoid you potentially entering into agreements to sell your Domain Name to two or more purchasers at the same time and to help provide Buyers with the assurance that should they purchase the Domain Name from you via DomainGuruG.com, they will obtain full title to the Domain Name. Note that this restriction does not extend to Domain Names listed as a “Make an Offer” or “Buy It Now” sale.
7. DomainGuruG’s Role in Relation to Auctions and Listings
7.1 DomainGuruG.com provides a website to enable:
- Sellers and Buyers to meet;
- Sellers to place Listings to advertise their Domain Name for sale;
- Sellers to conduct Auctions, “Make an Offer” or “Buy It Now” Sales of their Domain Name.
7.2 You acknowledge and agree that:
- DomainGuruG is not an auctioneer;
- DomainGuruG does not conduct Auctions on behalf of Sellers. All Auctions are conducted by Sellers on their own behalf;
- DomainGuruG and its Associates are not responsible in any way for the compliance by each Buyer or Seller with the Sale Agreement. DomainGuruG do not guarantee and cannot ensure that a Buyer or Seller will actually complete a sale of a Domain Name or act lawfully in their use of DomainGuruG.com;
- DomainGuruG merely provides the software and website (being DomainGuruG.com) by which Seller’s may conduct their own Auctions, Listing their domain names for sale.
7.3 You agree that DomainGuruG is an independent service provider to you and is not the employee, agent, partner, joint venture or subcontractor of any Seller or Buyer in relation to the sale of a Domain Name.
7.4 You agree that you do not have the power to bind DomainGuruG in relation to any obligation owing to a third party. You agree that by using the Services (either as Seller or Buyer) that DomainGuruG, in providing the Services and your access to DomainGuruG.com, is providing a platform for you to be introduced to other Sellers or Buyers (as the case may be). DomainGuruG is not a party to any transaction or agreement between any Seller or Buyer and is not responsible for any act or omission of any Seller or Buyer.
8.1 Fees payable by a Seller
When you, as a Seller, set up a direct auction for the sale of your Domain Name, you:
- Will pay an up-front direct auction Fee to DomainGuruG and you agree that in the event your Domain Name should sell in auction, you will pay a Success Fee;
- When you, as a Seller, make a sale of your Domain Name via your Listing, payment of the Success Fee. The Seller permits DomainGuruG to automatically deduct the Success fee + Value added tax on Success Fee as applicable
8.2 How the Seller’s are paid
When your Domain Name is sold and successfully handed over to the buyer, fees will be disbursed to the payment details entered in the seller’s profile
8.3 Payment Gateways
- DomainGuruG is not escrow provider, it uses Stripe as Payment gateway to collect the funds from buyers
9. Processing of Refunds
9.1 How refunds are paid
If DomainGuruG issues you a refund, that refund will be paid to you using the same payment methods you used to pay any Fees to DomainGuruG or via any other method DomainGuruG chooses from time to time.
9.2 Withdrawal of a Listing or Auction
If you, as a Seller withdraw a Listing or Auction (where permitted by the Rules), then unless we otherwise expressly state to the contrary, there will be no refund of any amount of the Fees paid by the seller in respect of the Listing Sale or Auction.
9.3 Circumstances in which a refund may be paid
- DomainGuruG may refund an amount of any DomainGuruG Fees paid by you if:
(a) Any refund policy in the Rules entitle you to a refund;
(b) DomainGuruG is required by law or considers that it is required by law to do so.
- DomainGuruG’s determination as to whether a refund is required is final and conclusive and may not be challenged by you.
10. Suspension of the Services
10.1 Without limiting DomainGuruG’s other rights arising under this Agreement, DomainGuruG may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:
- DomainGuruG considers that you have breached any of your obligations to DomainGuruG under this Agreement;
- DomainGuruG considers that you are using your User Account in bad faith or to collude in any way to reduce the amount of Fees that would ordinarily be payable to DomainGuruG;
- You are using your User Account or the Services for illegal or fraudulent means or in a manner which DomainGuruG in its sole discretion considers offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
- DomainGuruG’s sole and absolute opinion, the provision of the Services to you is resulting in an unreasonable load on DomainGuruG’s servers or DomainGuruG’s other services;
- If a notice of a claimed copyright infringement has been lodged against you, subject to the outcome of DomainGuruG’s notice and takedown procedures;
- If DomainGuruG has reasonable grounds to believe that you are a repeat infringer of copyright or other Intellectual Property Rights.
10.2 You agree:
- DomainGuruG may suspend the Services where permitted under clause 10.1 at any time including without limitation, during or after a Listing
- DomainGuruG’s suspension of the Services may, in DomainGuruG’s sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time;
- DomainGuruG may in its sole discretion reactivate the Services and your User Account for you at any time following suspension.
10.3 For the avoidance of doubt, you may not take any outstanding dues during any period of suspension of your User Account. Further DomainGuruG may in its discretion retain the balance in your account towards compensating DomainGuruG for any loss and damage it may have suffered as a result of your breach of this Agreement which lead to the User Account suspension.
10.4 During a suspension of your User Account, any Listings (whether for Auction or Make an Offer or Buy It Now) will be suspended or terminated (as determined by us in our sole and absolute discretion).
12. Your General Obligations
You agree that:
12.1 You will not use the Services for any illegal or fraudulent purpose or for any purpose other than participating in Listings or Auctions or Brokerage service as a Seller or Buyer;
12.2 You will comply with all laws which must be complied with in relation to a Listing or the sale or purchase of a Domain Name;
12.3 You will comply with any export restrictions which may apply to the export or import of Domain Names or other Intellectual Property Rights to locations inside or outside India in which you are located;
12.4 You warrant that you will not, by engaging DomainGuruG to provide the Services, place DomainGuruG in breach of any law or obligation owing to a third party;
12.5 You will not undertake any act or cause any omission which will bring DomainGuruG, its brand or other Sellers and Buyers into disrepute;
12.6 You will not use the Services in a manner that may lead to the suspension of the Services;
12.7 You will provide DomainGuruG with all information requested by DomainGuruG which DomainGuruG requires to provide the Services.
13. Term and Termination
13.1 This Agreement will commence on the date that you first create a User Account with DomainGuruG and will terminate at the later of the date that:
- The User Account is terminated or closed;
- You otherwise permanently cease using the Services.
13.2 If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, or you otherwise recommence to use the Services, then you will again become bound by this Agreement at that time.
13.3 This Agreement and your User Account may be terminated by DomainGuruG at any time for any reason whatsoever with or without notice to you.
13.4 This Agreement may be terminated by DomainGuruG immediately on written notice to you:
- If you are in default or breach of this Agreement;
- DomainGuruG has provided you with 24 hours written notice of the default or breach and where the breach or default is capable of rectification, you fail to rectify the breach or default within the period of the notice;
- DomainGuruG has reasonable grounds to believe that you are a repeat infringer of copyright or other Intellectual Property Rights;
- Without cause by giving thirty (7) days notice to you.
13.5 Upon the termination of this Agreement:
- Any Listings which you have placed on DomainGuruG.com will instantly terminate;
- DomainGuruG will, within a time period determined by DomainGuruG, withdraw the use of the Services from you;
- Any DomainGuruG balance you hold will be cancelled immediately;
14. Limitation of Liability and Implied Terms
14.1 You acknowledge that DomainGuruG and its Third-Party Providers have made no warranties that the Services will be continuous or error free.
14.2 You acknowledge and agree that DomainGuruG and its Third-Party Providers shall have no liability or responsibility to you whatsoever for any unauthorised withdrawals or unauthorised spend of your DomainGuruG balance, including where such withdrawal or spend arises from any unauthorised use or access of your User Account or DomainGuruG.com.
14.3 You acknowledge and agree that DomainGuruG and its Third-Party Providers have not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by DomainGuruG under this Agreement, other than those warranties expressly contained in this Agreement.
14.4 You agree that DomainGuruG and its Third Party Providers will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether or not as a result of any breach or default by, or any negligence of, DomainGuruG or its Third Party Providers.
14.5 You agree that DomainGuruG and its Third Party Providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in DomainGuruG complying with its obligations under this Agreement, where such failure or delay has arisen or is anticipated to arise as a direct or indirect result of:
- Fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- Denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- A significant demand is placed on DomainGuruG’s services which is above the usual level of demand and which results in a failure of DomainGuruG’s software and hardware to function correctly;
- The failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to DomainGuruG;
- Any other circumstances or events which are beyond the reasonable control of DomainGuruG or the Third-Party Provider (as the case may be).
14.6 The maximum aggregate liability of DomainGuruG under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the Fees paid by you to DomainGuruG.
14.7 Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of DomainGuruG will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
You indemnify DomainGuruG, its agents, officers, employees, and Third-Party Providers (“Indemnified”) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified suffer or incur as a direct or indirect result of:
- Any breach by you of any representation, warranty or term of this Agreement;
- Any acts or omissions by you which are described in clause 10.1;
- Any breach by you of your obligations to a third party, including another Seller or Buyer;
- Any infringement by you of the rights of a third party including Intellectual Property Rights;
- Any legal proceedings threatened or initiated against DomainGuruG by a third party as a result of the events described above.