Terms Of Service

Welcome to NOYTER, an online marketplace that allows you to list domains for sale, interact and communicate with customers. Noyter.com and its affiliates (NOYTER) provide you with website features and other products and services when you visit noyter.com (the Website) and use the products or NOYTER services (collectively "NOYTER services"). NOYTER services includes information, content, materials, products and software included in NOYTER or otherwise provided to you by NOYTER, and references to NOYTER services in these Terms include any or all of them. NOYTER provides you with NOYTER services in accordance with these Terms of Service, and by accessing the Website and using NOYTER services, you agree to be bound by them. Please read them carefully before using NOYTER services.

Privacy.

Please read our Privacy Policy, which also governs your use of NOYTER services, to understand our practices. NOYTER has the right to request documents necessary for identification of a person and to conduct an audit using the services of third parties. NOYTER will collect your personal information, including your name, contact information and billing information (credit card number and PayPal email). All personal information will be processed, used, maintained and disclosed by NOYTER in accordance with all applicable privacy and data protection laws and our Privacy Policy which applies from time to time. Unless separately agreed between you and another buyer or seller, you must not use their personal information for any other purpose. You warrant to NOYTER that you will comply with all privacy and data protection laws regarding the storage, use and transmission of personal information.

Electronic communication.

When you use the NOYTER Services or send us emails, text messages or other messages from your computer or mobile device, you are communicating with us electronically. We will contact you electronically in various ways, for example, by e-mail or through the chat functionality inside your personal account. You agree to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing.

Copyright and other rights.

All content included or provided by NOYTER, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations, is the property of NOYTER and is protected by international copyright and (where applicable) database rights law data.
Except as necessary to use NOYTER services for permitted purposes and in accordance with these Terms, you may not copy, extract and / or reuse any NOYTER content without our express written consent, including but not limited to any listings, descriptions, pricing and account information. In particular, you may not use any intelligent data, robots or similar data collection and extraction tools to extract (one or more times) for reuse of any essential parts of NOYTER services or their content without our express written consent. You also may not create and / or publish your own database that contains essential parts of NOYTER services or their content without our express written consent.

Your Account.

By registering and creating an account with NOYTER, you represent and warrant that you are over 18 years of age and that you can enter into legally binding agreements in accordance with applicable law. If you register an account for a business, organization or other legal entity, you represent and warrant that you have the authority to impose legal obligations on that entity.
You are responsible for maintaining the confidentiality of your account and password. Unless it is caused by our violation of these Terms of Service, you are responsible for all activities that occur under your account, whether authorized by you or taken by you. NOYTER is not responsible for unauthorized access or use of your password or account. You must take all necessary steps to maintain the confidentiality and security of your password and must immediately inform us if you have any reason to believe that your password has become known to someone else, or if your password has become or may be used in an unauthorized manner. ... You must ensure that the data you provide to us is correct and complete and inform us of any changes. You can access and update certain information that you have provided to us through your account dashboard.
If we have problems with your account or activities related to your account, or if you violate applicable laws or these Terms of Service, we reserve the right to take action on your account in accordance with these Terms of Service. including but not limited to:
• denial of service
• suspension or restriction of access to your account
• termination of your account
• deleting or editing content that you post using your account.
The actions we decide to take and any notice you may receive will depend on NOYTER services, the circumstances and our assessment of the relevant factors.

NOYTER role.

NOYTER allows third party sellers to list and sell domains using NOYTER services. NOYTER does not own, create, sell, resell, provide, control, offer or deliver the listings or the assets contained therein. The respective seller is listed on the respective ad page. While NOYTER helps facilitate transactions carried out on the Website, NOYTER is neither the buyer nor the seller of the seller's assets.
NOYTER provides sellers and buyers with the ability to negotiate and transact. Accordingly, the contract concluded upon completion of the sale of these third party assets is solely between the buyer and the seller. NOYTER is not a party to this agreement, does not assume any liability arising from or in connection with it, and is not an agent of the seller. The seller is responsible for the sale of its assets and for reviewing any buyer's claims or any other matter arising out of or in connection with the contract between the buyer and the seller.
NOYTER is not responsible for:
• availability, quality, compliance with the legality of the quoted asset;
• the truthfulness, accuracy or completeness of the information contained in the listing;
• the future profitability of the quoted asset;
• actions or behavior of a buyer, seller or third party on the Website;
• the quality, suitability or ability of a third party that provides goods or services to NOYTER, a buyer or seller.
Your decision to purchase a specified asset should be based solely on your own research and the research of your legal, tax and other advisors. You accept sole responsibility for examining the asset and all information in the listing. This includes, but is not limited to, related liabilities, financial statements, tax returns, and any other facts or information that could influence your decision to purchase the specified asset, as well as the price you are willing to pay. You understand that NOYTER may only display a brief description of the listed asset.
To facilitate a safe and secure transaction and maintain the integrity of NOYTER services, we provide a letter of intent and sales contract template for use by buyers and sellers. You acknowledge that your use of these documents is at your own risk. You agree that NOYTER did not provide legal or financial advice in any way in providing these documents, and did not make any representations or warranties that they are suitable for your requirements or needs and may or may not be suitable for the sale or purchase of a particular asset. NOYTER encourages all parties to seek independent legal advice regarding documents.

Listing rules.

The following assets can be listed for sale on NOYTER:
• all rights to the domain name;
• any other information indicated as being sold as part of the listing.
For the avoidance of doubt, NOYTER does not promote, encourage or facilitate the sale of securities using NOYTER services.
When creating a listing, you are responsible for your ad and for the constant updating of information about it. You will also be asked to set an asking price for your asset / assets. Please be aware that NOYTER may, at its sole discretion, prohibit you from listing your asset for sale or suspend an existing listing.
You warrant and represent to NOYTER and to each customer that:
• you own the asset or have the right to sell the asset;
• the asset can be transferred to the buyer;
• any agreements with third parties without exception may be transferred to the Buyer.

You should not create a listing for an asset that:
• is obscene, vulgar and / or NOYTER considers offensive;
• contains material that violates the rights of a third party or helps others to violate the rights of a third party;
• engages in activities that are contrary to the laws of any territory;
• NOYTER believes the placed asset is inappropriate and violates the Terms of Service.

Marketplace circumvention.

You have to spend all requests and discussions listed assets through the Web Site, except as otherwise expressly permitted NOYTER. You must not circumvent NOYTER. If you make or accept payment for a specified asset, NOYTER is entitled to receive a success commission. If NOYTER can not get success fee from the seller, the buyer is obliged to pay it.

Success fee.

If you successfully sell a specified asset to a buyer who learns of your listing and / or connects or interacts with you through the website, you agree to pay NOYTER a success fee calculated as a percentage of the total transaction value or final sale price paid by the buyer for the asset you specify (including all applicable taxes). Success fee is non-negotiable and non-refundable. NOYTER reserves the right to change the success fee at any time and will provide you with appropriate notice of these changes before they become effective.

Refunds.

If NOYTER refunds your money, it will be paid back to you in the same way you used to pay NOYTER. NOYTER may refund the amount you paid if you are entitled to a refund under these Terms of Service or NOYTER is required by law or believes it is required by law. NOYTER's decision to return is final and cannot be disputed by you.
You acknowledge and agree that NOYTER will not be liable to you for any unauthorized withdrawal or unauthorized spending of funds, including where such withdrawal or expense arises from any unauthorized use or access to your account.

Payment processing.

To carry out settlements between the parties to the transaction, NOYTER has the right to request information about a bank account or bank card. NOYTER may cancel the transaction without giving any reason. Transactions with ccTLD domains can only be performed by the domain administrator who has all the rights at the time of publication (or creation) of the lot. Transactions with other domains can be carried out by authorized persons. NOYTER is not an escrow service and does not hold property on behalf of any person. NOYTER is not a payment system. In order to facilitate the transaction, any and all payment processing services through or in connection with your use of NOYTER services are provided to you by one or more independent third party service providers, as appropriate. You hereby agree and authorize NOYTER to share any information and payment instructions you provide to any third party service providers.

Prohibited activities.

You may not use the NOYTER Services:
• in any way that causes, or is likely to cause, any NOYTER services, or any access to it to be interrupted, damaged or impaired in any way
• in any way that may interfere with or harm any other user of the NOYTER services;
• for fraudulent purposes, or in connection with a criminal or other unlawful activity,
• in any manner that is not permitted under these Terms of Service.

Disclaimer and Liability.

Unless otherwise stated in writing, NOYTER disclaims and makes no representations or warranties of any kind in relation to NOYTER's services, including but not limited to any representations or warranties,
• that they do not contain viruses or other harmful components;
• your use of the NOYTER Services will be uninterrupted and error-free;
• regarding the suitability or availability of NOYTER's services.

NOYTER is not responsible for:
• losses arising from your inaccessibility or inability to use the NOYTER services
• losses that are not directly caused by any breach on our part;
• any business losses, lost sales, profits, revenues, contracts, anticipated savings, data, goodwill, or wasted expenses;
• any consequential or consequential damages;
• any delay or failure to comply with our obligations under these terms if the delay or failure occurs for any reason beyond our reasonable control.

For any other damages related to the NOYTER services, we limit our liability to the amount you paid us for the relevant NOYTER services.
Nothing under these conditions is intended to:
• waive any express obligation that NOYTER makes to you in relation to the NOYTER services (for example, providing refunds in certain circumstances)
• exclude, restrict or modify any right or remedy that you have under the law, including under the Consumer Protection Act or otherwise, to the extent that that right or remedy cannot be excluded, limited or modified by law. Any disclaimer, exclusion or limitation in these terms and conditions shall apply as provided in these terms, to the fullest extent permitted by law, and subject to any such non-excludable right or remedy.

Indemnity.

You agree to indemnify and hold NOYTER and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
• your use of the Website, NOYTER services or assets obtained as a result;
• your breach or violation of any of these Terms;
• NOYTER’s use of your content;
• your violation of the rights of any third party, including another seller or buyer.
You agree to hold NOYTER, its principals, officers, directors, brokers, agents, servants, employees and assigns harmless from any misrepresentations made by you.

Dispute resolution.

In the event of a dispute between a buyer and seller, NOYTER recommends that the parties engage in pre-dispute arbitration via the discussion forum. NOYTER may help to facilitate the resolution of a dispute between a buyer and seller and reserves the right to cancel the sale of a listed asset. If a buyer and seller cannot come to an agreement on a dispute, NOYTER recommends that legal advice is sought to resolve the matter.

Force majeure.

You agree that NOYTER will not be liable or responsible for any failure in, or delay to, the provision of the NOYTER Services or in NOYTER complying with these Terms of Service, 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 NOYTER Services which is above the usual level of demand and which results in a failure of NOYTER’s software and hardware to function correctly;
• the failure of any third party (including without limitation, any bank or other financial organization) to fulfill any obligations to NOYTER;
• any other circumstances or events that are beyond the reasonable control of NOYTER (as the case may be).

Notices.

NOYTER may give notice by means of a general notice on the Website, electronic mail to the email address on your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to NOYTER, with such notice deemed given when received by NOYTER, at any time by mail or pre-paid post to our registered agent for service of process, c/o NOYTER Pty Ltd.

Assignment.

NOYTER may assign its rights and novate or transfer obligations that arise under these Terms of Service. You must not assign, novate or otherwise transfer your rights or obligations under these Terms of Service without the prior written consent of NOYTER (which may be withheld).

Waiver.

A provision of or a right created under these Terms of Service may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies in these Terms of Service are cumulative with and not exclusive of any rights, powers or remedies provided independently.

Entire agreement.

These Terms of Service supersedes all prior representations, arrangements, understandings, and agreements between the parties relating to the subject matter and sets forth the entire and exclusive agreement and understanding between the parties.

Amendments.

We reserve the right to make changes to our website, these Terms, our policies, and our listings at any time by posting the changes on our website. Your continued access to or use of the Website and NOYTER services will constitute acceptance of the revised Terms of Service.

Severability.

If any of these Terms of Service are judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other term to the intent that the invalid or unenforceable term will be treated as severed from the Terms of Service.