Welcome Blue Trade (hereafter referred to as the “Blue Trade” or as the “Blue Trade App”). This App is published by and on behalf of Blue Trade, (hereafter referred to as the “Company" or as “Blue Trade”), a company registered in the United States under XCELLENCE NETWORKING PLATFORM LLC and which is registered at 18441 NW 2ND AVENUE SUITE 305 MIAMI, FL 33169
2. GENERAL RULES RELATING TO CONDUCT:
(a) In using the Blue Trade App you expressly agree to the following:
(i) The Blue Trade App is made available for your own, personal use. The Company hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the App for your own personal use in accordance with the Terms hereto provided; and
(ii) The App can only be used for commercial purposes as prescribed by the Terms herein and as per the prescribed parameters of a relevant listing or group of listings (hereafter referred to as “Listing” or “Listings”) to which you agreed as per that listing or group of listings; and
(iii) You may not in any way whatsoever undertake any illegal or unauthorised purpose by you or any person affiliated or related to you when using this App. When you use the App you must comply with all applicable local laws and with any applicable international laws, including the local laws in your country of residence (together referred to hereafter as “Applicable Laws”); and
(iv) You acknowledge that the terms of agreement with your respective mobile network provider (hereafter referred to as the “Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App; and
(v) You agree that when using the App you will at all times comply with all Applicable Laws of the United States and all provisions in these Terms.
(b) Furthermore, as a user, and without limitation, you understand fully that:
(i) You must be at least 18 years of age in order to use this App in any way so intended; and
(ii) You are aware of your duties and obligations in your jurisdiction with regard to the buying and selling of goods/products and the offering and procurement of services; and
(iii) That any such goods and services, whether offered or procured by you, are legally admitted into, or allowed to be used in, your jurisdiction; and
(iv) That the Company cannot be held responsible, either legally or materially or in any other capacity whatsoever, for the selling or purchase of any goods/products or the offering or procurement of any services that may not be allowed in your jurisdiction; and
(v) That the Company cannot be held responsible for users who do not abide by these or any other Terms, nor can the Company be held liable for any false information that may be provided by users of this App.
(c) Furthermore, in particular, but without limitation, you agree not to:
(i) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement, including within the strict context of the laws and regulations of your jurisdiction or that of the United States; or
(ii) Attempt to gain any unauthorised access to the Blue Trade App or any networks, servers or computer systems connected in any way whatsoever to the App; or
(iii) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law. You agree to indemnify this Company and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms and Conditions, as well as any Applicable Laws in your jurisdiction or that of the United States.
3. FAIR USAGE AND EXPECTATIONS THEREOF:
You have hitherto agreed that the Blue Trade App is made available for your own, personal use. You have further agreed that he Company hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the App for your own personal use in accordance with the Terms hereto provided. You further agree that your expectation with regard to usage of this App is predicated on the following understanding:
(a) That you use this App in the knowledge that you do so as a party who offers or procures a product or service to be listed as such on Blue Trade for the purpose of an exchange of monetary or other consideration for such product or service, and
(b) That any product or service offered by you will be done so in good faith and with the expectation that said product or service will be shipped or rendered once another party has successfully procured it. Furthermore, you as the seller of a product or provider of a service will take every reasonable precaution to ensure that the good standing and good name of Blue Trade is upheld at all times, and in no way undermined due to your acts or omissions as a seller or service provider; and
(c) That any product or service offered or procured on Blue Trade is understood to potentially result in an agreement (hereafter referred to as an “Agreement”) between you and another party wishing to offer or procure said product or service and that you are bound only to that other party for said product or service; and
(d) That Blue Trade will only be considered an introductory intermediary between you and any other party with whom you have entered into an Agreement due to a Listing or Listings on Blue Trade; and
(e) That being only an introductory intermediary means that Blue Trade cannot in any way whatsoever be held liable for any issues, negative or otherwise, material or otherwise, that may arise between you and the other party to a given Agreement pursuant to a Listing or Listings on Blue Trade.
The copyright in all material contained on, in, or available through the Blue Trade App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (hereafter referred to as the “Material”) is owned by or licensed to our Company or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without our Company’s express permission.
The trademarks, service marks, and logos (hereafter referred to as “Trade Marks”) contained on or in the App are owned by this company or its group companies or third party partners of said Company. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of our Company or the relevant group company or the relevant third party partner of said Company.
5. SYSTEM REQUIREMENTS
In order to use the App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (hereafter referred to as the “Software Requirements”). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2. Languages are in English, Italian, German, Spanish and French. The current version of the App software at the time of writing of these Terms may be upgraded from time to time to add support for new functions and services.
This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. The Company will use reasonable efforts to make the App available at all times. However you acknowledge that the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors that are beyond the Company’s reasonable control. Therefore, the Company and any of its employees and sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable. The Company will not be responsible for any support or maintenance for the App.
7. LINKS TO THIRD PARTIES:
The App may contain links to websites operated by third parties (referred to hereafter as “Third Party Websites”). We on behalf of the Company have the right to monetise (i.e. capitalize materially or otherwise gain from) some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, our Company does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
8. ADVERTISERS/LISTERS IN THE APP:
We accept no responsibility for personal adverts (listings) contained within the App. If you agree to purchase goods and/or services from any other user of this App or any third party who advertises in the App, you do so at your own risk. The advertiser, not the Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
If you take part in any competition which is run in or through the App (hereafter referred to as the “Competition”), you agree to be bound by the rules of that competition and any other rules specified by the Company from time to time (hereafter referred to as the “Competition Rules“) and by the decisions of the Company which are final in all matters relating to the Competition. The Company reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
10. IN-APP VOUCHER CODES:
Any in-app voucher codes issued by Blue Trade may only be used in accordance with applicable terms and conditions or rules pertaining thereto.
12. DISCLAIMER / LIMITATION OF LIABILITY:
PLEASE NOTE: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN ‘AS IS’ BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE COMPANY DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN THE COMPANY AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. PLEASE NOTE THAT YOUR STATUTORY RIGHTS ARE NOT HEREBY AFFECTED.
Furthermore, the Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss that you may incur due to use of this App.
IF THE COMPANY IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) SEVENTY DOLLARS ($70.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS THE GREATER.
Nothing in these Terms shall be construed as excluding or limiting the liability of the Company or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by the applicable and appropriate laws of the United States.
13. SERVICE SUSPENSION:
The Company reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
These Terms (as amended from time to time) constitute the entire agreement between you and the Company concerning your use of the Blue Trade App.
The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Company.
These Terms shall be governed by and construed in accordance with the laws of the United States and you agree to submit to the exclusive jurisdiction of that country’s laws.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits under any specific or related laws or otherwise in favour of any person other than you, the Company and its group of companies.