User Agreement ARMYSHARK.com

1. Introduction

This User Agreement, the ARMYSHARK User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which ARMYSHARK offers you access to and use of our sites, services, applications and tools (collectively 'Services'). You can find an overview of our policies here. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.

You are entering into a contract with ARMYSHARK (part of Agri Trader BV), Veldkaamp 1, 7678WB Geesteren, The Netherlands.

2. About ARMYSHARK

ARMYSHARK is a marketplace focused on military equipment that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.

ARMYSHARK does not have possession of anything listed or sold through ARMYSHARK.com, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. ARMYSHARK is not a traditional auctioneer.

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. ARMYSHARK does not review users' listings or content. While we may help facilitate the resolution of disputes through various programs, ARMYSHARK has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Sellers must have a valid payment method on file with ARMYSHARK at all times. You authorize ARMYSHARK to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by ARMYSHARK. This includes, but is not limited to, amounts owed for ARMYSHARK fees, ARMYSHARK Money Back Guarantee reimbursements and postage labels. ARMYSHARK will notify you of these charges. If payments or amounts owed to ARMYSHARK cannot be completed through the payment method on file for any reason, you are still required to pay ARMYSHARK for all unpaid amounts and ARMYSHARK reserves the right to seek reimbursement through other means plus any additional costs incurred by ARMYSHARK in seeking reimbursement.

3. Using ARMYSHARK

In connection with using or accessing the Services you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third-party rights or our systems or policies;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
• fail to deliver items sold by you, unless you have a valid reason as set out in an ARMYSHARK policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user's listings;
• post false, inaccurate, misleading, defamatory, or libellous content;
• take any action that may undermine the Feedback or ratings;
• transfer your ARMYSHARK account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• use the contact information of other users for any purpose other than in relation to a specific ARMYSHARK transaction on the ARMYSHARK site (which includes using this information to send marketing materials directly to ARMYSHARK users unless the user has given explicit consent to receiving these materials);
• distribute viruses or any other technologies that may harm ARMYSHARK, or the interests or property of ARMYSHARK users;
• use any robot, spider, scraper or other automated means to access our Services for any purpose;
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any ARMYSHARK application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to ARMYSHARK. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to ARMYSHARK or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• commercialize any ARMYSHARK application or any information or software associated with such application;
• harvest or otherwise collect information about users, such as email addresses, without their consent; or
• circumvent any technical measures we use to provide the Services.

If you are registering with ARMYSHARK as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on ARMYSHARK, you must comply with all applicable laws relating to online trading for the site you are selling on.

You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. We may recoup the cost of any Services provided up to the point of cancellation.

If (1) we believe you are violating the policy on Offers to buy or sell outside of ARMYSHARK, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer's contact information in the context of buying or selling outside of ARMYSHARK, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the ARMYSHARK site, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.

4. Abusing ARMYSHARK

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

• we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
• we think that such restrictions will improve the security of the ARMYSHARK community or reduce our or another ARMYSHARK user's exposure to financial liabilities;
• we think that you are infringing the rights of third parties;
• we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
• despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
• you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

5. Fees

Private seller fees and business seller fees for using our Services are listed on our Prices page. We may change our fees, or introduce new fees from time to time by posting the changes on the ARMYSHARK site or via the Messages section of My ARMYSHARK 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all ARMYSHARK Services, even if sales terms are finalized or payment is made outside of ARMYSHARK. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer's contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the ARMYSHARK site, even if the item does not actually sell.

You are required to have a payment method on file when selling on ARMYSHARK. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Seller fees don't purchase exclusive rights to item exposure on ARMYSHARK whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.

6. Listing Conditions

When listing an item, you agree to comply with the rules for listing and selling practices policy and that:

• you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted items policy;
• your listing may not be immediately searchable by keyword or category for up to 24 hours. ARMYSHARK does not guarantee exact listing durations;
• you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the ARMYSHARK site. To the extent possible under Dutch law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
• content that violates any of ARMYSHARK's policies may be modified, obfuscated or deleted at ARMYSHARK's discretion;
• you will not add watermarks or other additions to the images for your listing;
• we may revise product data associated with listings to supplement, remove, or correct information, at our sole discretion;
• where your listing appears in search and browse, results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, ARMYSHARK policy compliance and detailed seller ratings;
• meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
• we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
• some optional upgrade features will only be visible on certain ARMYSHARK Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

7. Purchase Conditions

When buying an item, you agree to comply with the rules for buyers and that:

you are responsible for reading the full item listing before making a bid or commitment to buy;

you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);

for motor vehicles and real estate (property) listed in the Classified Ad format, a bid or offer is not binding, but expresses a buyer's serious interest in the item;

if you purchase an item on an ARMYSHARK site you are subject to the User Agreement of ARMYSHARK.

8. International buying, selling and translation

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items. Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion.

Your items may be listed on one or more of ARMYSHARK's international sites in addition to ARMYSHARK.com.

You authorize us to use automated tools to translate your ARMYSHARK content, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.

9. Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorize us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub-licensees or our assignees.

We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including ARMYSHARK users). You may use that content solely in your ARMYSHARK listings during the time your listings are on ARMYSHARK's sites. That permission is subject to modification or revocation at any time at ARMYSHARK’s sole discretion.

We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that ARMYSHARK is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all ARMYSHARK policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).

The name "ARMYSHARK" and other ARMYSHARK marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of ARMYSHARK. They may not be used unless expressly authorized by ARMYSHARK in writing.

10. Data protection and Privacy

You and ARMYSHARK shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will ARMYSHARK and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.

You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization.

You shall process personal data received from ARMYSHARK exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.

11. Restricting Funds

To protect against the risk of liability, ARMYSHARK has at times recommended, and may continue to recommend, that our Payment Service Providers restrict access to funds in a seller's account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in Payment Service Providers determining to restrict funds in your account.

12. Additional Terms

Returns

Returns are to be arranged between the seller and the buyer. ARMYSHARK is at no time any part of this return transaction.

13. Liability

We try to keep ARMYSHARK and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in ARMYSHARK's Services may not occur in real time. Such functionality is subject to delays beyond ARMYSHARK's control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

• your use of or your inability to use our Services;
• pricing, postage or other guidance provided by ARMYSHARK;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing, or linking to, our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any ARMYSHARK Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing ARMYSHARK section;
• the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
• your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on ARMYSHARK.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. ARMYSHARK cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) €100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

14. Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of ARMYSHARK's Services or your breach of any law or the rights of a third party.

15. Legal Disputes

If a dispute arises between you and ARMYSHARK, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of The Netherlands. You and ARMYSHARK both agree to submit to the non-exclusive jurisdiction of the Dutch courts.

In simple terms, "non-exclusive jurisdiction of the Dutch courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in The Netherlands, but you may also elect to bring a claim in the court of another country instead. Dutch law will apply in all cases.

16. General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

You agree that we may at any time and without notice set-off any of the amounts held in ARMYSHARK user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe other members of the ARMYSHARK group (including, without limitation, in respect of any services provided by any member of the ARMYSHARK group). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an ARMYSHARK credit balance held or controlled by you.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email, or via My ARMYSHARK or by posting the amended terms on www.ARMYSHARK.com. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and an ARMYSHARK representative authorized to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the ARMYSHARK site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.

The User Agreement and all policies posted on our site are the entire agreement between you and ARMYSHARK and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to ARMYSHARK.com, Veldkaamp 1, 7678WB Geesteren, The Netherlands. We shall send notices to you by email to the email address you provide to ARMYSHARK during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

Important: The previous amendment to this User Agreement was effective from 22 July 2020.