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1. INTRODUCTIONWelcome to this platform. This site belongs to Histark Enterprise. Our entity, which may be referred to as “Histark Enterprise,” “Histark,” “our site,” “our,” ”we,” or “us,” is one of the latest online platforms where you can have a wide array of opportunities to market your products as a “Seller” or look for products offered by other sellers as a “Buyer” as we commit ourselves to offer you fair, honest and secure services, in accordance with all existing, pertinent local and international laws. We aim to make a difference by providing an opportunity to hard working sellers to introduce and promote their products, as well as to create an option to buyers who wish to find good products that may not be offered by other online marketing platforms. The name “Histark Enterprise” or “Histark” and any other platform logos and designs are trademarks of this entity. They may not be used by other entities or individuals without our permission.
2. ACCESS OF PLATFORM AND SERVICESThis Agreement covers all the terms, conditions and policies that customers, which may be referred to as “members,” “users, “buyer/s,” “seller/s, “you,” or “your”, should comply with in order to access and use our services. You are therefore advised to read and review this Agreement completely and carefully before clicking “Sign In,” “Join,” “I Agree” or “I Accept.” When you click the “I Accept” button, this Agreement immediately takes effect, as opening an account means you have fully and irrevocably consented to all our terms and conditions. However, “Histark” reserves the right to review and validate the personal information you provided when you register on our site, and to remove you from our list of registered entities should you provide dishonest information or should you perform illegal transactions. This is also to ensure that you are of legal age and therefore lawfully capable of entering an Agreement as an individual, or that you are legally authorized to represent a company or institution that would like to gain access or use our services. Our platform and services, which may be upgraded or modified from time to time, specifically refer to the availability of our site for its users as an online marketplace, our linked pages or blog sites, software applications, images, graphics, sounds, videos, messages, and any other materials that the site contains. By consenting to our platform agreement, you are likewise prohibited from using Histark for all forms of illegal activities, from attempting to access parts of the site allotted for management only, from posting, uploading or promoting materials not allowed in our site and which may contain viruses, applications or all forms of contents which can damage and impair the operation of our site. Histark Enterprise assumes the responsibility of maintaining a secure and properly functioning platform for all its users. However, we cannot guarantee continuous services most especially in times of calamity, disaster, hardware and server malfunctions, viruses and circumstances beyond our control. As such, members therefore agree to use our services at their own risk and that they are being provided services the best way we could to offer an online marketplace that is beneficial both for its buyers and sellers.
3. USERS’ ACCOUNTSTo access our account and use our services, you must become a member of this platfrom by accomplishing completely the online registration form to be approved by our management. You are allowed to register and create one user account only. Once your registration has been approved, you will be notified through your email about the details of your registration, such as your account name and user ID. You are the only one authorized to access and control your account through your password. You must therefore take full responsibility of maintaining the privacy, image and security of your member account. All transactions done under it will be assumed authorized by you. As such, you as a member of this site, must report to Histark management any unusual transactions on your account should you notice that another person may have gotten access to it. Histark shall not be liable for any damages that may occur should you allow another person to use it.
4. BUYERS AND SELLERS’ TRANSACTIONSThis platform offers members, customers, buyers and sellers an ideal marketplace where they can search for goods or products, order or buy, pay, or describe in detail each good or product, sell, make arrangements, and deliver the said goods or products, provided every transaction is in accordance with the policies in this Agreement, and with the existing local or international laws. The buyer and the seller who have registered to Histark are the only parties involved for the sale of products. The contract is directly between these two parties and Histark is not a party to their transactions and cannot be held liable in such instances. The said buyer and seller should therefore shoulder the entire responsibility of their transactions, from the choice, listing and quality of products, mode of payment, delivery, safety and warranty of purchase. The seller and buyer should be responsible and should reach an agreement should a product needs to be replaced, refunded or returned. Histark cannot be held liable for any unsatisfactory results of their transactions, such as low quality, defective, broken, faulty, harmful or unlawful products, misrepresentations, extra costs or fees, liabilities, fines, delays, taxes, disputes and all other conditions or situations that may arise from the actions conducted by the buyer and the seller using this platform. Buyers and sellers are hereby advised to take precautionary measures to ensure that their transactions are legal and that the other party they are transacting with will not cause them harm. Both buyers and sellers should therefore assume the risk in the conduct of their transactions.
5. PAYMENT SCHEMES UNDER THIS PLATFORMBuyers must agree to pay in full to the seller any order made under this platform, processed through Paypal or coins.ph, unless more options have been made available by Histark Enterprise. Members or users of this platform should therefore create an account via Paypal or coins.ph, referred to as “third party” or “third parties.” The prices of products are not locked in and may change, but with prior notice, by the sellers, until the order has been registered in the Histark Enterprise’s server. The sellers take full responsibility of all the price listings and fees, including the taxes in whatever state, region or area they are located. The sellers and buyers must therefore reach an agreement to be responsible for any governmental charges, import or export policies, taxes or duties that may arise from the sale of products between them. However, in some cases where Histark Enterprise is required by the government or any applicable law to withhold or collect taxes, the sellers and buyers must consent to pay such taxes to us. Histark Enterprise reserves the right to deduct any financial charges that may occur from these instances. In cases where sellers decide to engage the services of third parties such as for warehousing, importing, exporting or shipping services, the sellers must accept the terms and conditions of their third party entities. The sellers take full responsibility in dealing with these third parties and Histark Enterprise is not liable for any damages, losses, liabilities, incomplete or cancelled transactions, and extra expenses that the sellers may encounter from getting the services of the said third parties. The sellers likewise agree that the online transaction of payment by the buyers, as facilitated by the third party, is considered final based on the price listings the sellers placed under our platform.
6. PLATFORM SERVICE FEESHistark Enterprise reserves the right to charge service fees for the online transactions conducted through this platform. Creating a listing of products shall be free of charge as long as the buyers or sellers are considered members of this site. However, we charge service fees for every item sold, depending on the type or category of products listed on our site.
7. POLICIES ON PRODUCT LISTINGS AND PURCHASINGThe members or sellers shall take full responsibility and obligations for the quality, quantity, accuracy, description and content of the products to be listed, offered and sold on this platform. Histark assumes no liability for the content and quality of the products the sellers posted on this platform. Sellers may edit from time to time the data, particularly the image, prices, content and quantity, to update their product listings. However, Histark Enterprise reserves the right to modify or delete listings should the sellers provide wrong information about their product offerings. Histark Enterprise reserves the right as well to delete members or users who will attempt to sell under this platform endangered or animal species, narcotics, steroids, prohibited drugs, stolen and other illegal products. The members or buyers shall take full responsibility for the choice of products to be bought, from its quality and content and quantity before entering a final agreement with the sellers. Buyers are therefore advised to review the sellers’ product listings before making a commitment to buy the product or products.
8. INDEMNITY AND LEGAL DISPUTESBy registering to our platform upon thoroughly reading this User Agreement, members automatically agree not to hold Histark Enterprise liable from any legal fees, complaints and claim that an individual, entity, or third party or parties might demand should you violate our policies and should you use our services with bad intentions or purposes. Cases shall be filed in the proper court should the need arises.