TERMS OF USE OF THE WHY ATHENS AGORA

 

Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using this website and services offered by WhyAthens (“Why Athens Agora”). The Agreement sets out the legally binding terms and conditions for your use of the website at agora.whyathens.com (the “Site”) and all services provided by Why Athens Agora on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers or customers, contributors of content, information and other materials or services on the Site.

This includes being bound to the terms of use of Paypal’s Acceptable Use Policy.

If you have any questions, please email us at [email protected], you also find out more about us here in the about the section.

WHY ATHENS AGORA IS A VENUE

The Why Athens Agora acts as a marketplace/venue to allow users who comply with our Terms of Use and policies to offer, sell and buy travel experiences and products from other users. While Why Athens Agora has processes in place to review the veracity and propriety of listings and to vet sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. Why Athens Agora also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. Consequently, Why Athens Agora cannot and does not transfer legal ownership of items from the seller to the buyer. Why Athens Agora encourages you to communicate directly with potential transaction partners through the tools available on the Site. You agree that the Why Athens Agora is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the Site. YOU USE THE WHY ATHENS AGORA SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS.

BUYER INFORMATION

The Why Athens Agora is not a travel agency and does not provide, own or operate transportation services, accommodations, tours, excursions or other travel experiences. Although the Site displays information about travel experiences offered by third-party suppliers and facilitates reservations for those suppliers, such actions do not in any way imply, suggest, or constitute Why Athens Agora’s sponsorship or approval of third-party suppliers, or any affiliation between the Why Athens Agora and third-party suppliers. Why Athens Agora may from time to time endorse an activity listed on the Site and Why Athens Agora users may rate and review particular travel experiences based on their own experiences, however this does not constitute an endorsement of the seller and we do not endorse sellers of the travel experiences. Why Athens Agora undertakes a familiarisation process with sellers of activites and their products, and provides that description to users of the Site. That description is not an endorsement or guarantee by Why Athens Agora that the seller is trustworthy or suitable for any user and the information the Site provides is intended to assist you to evaluate and make your own decisions about the suitability of sellers and services. You therefore agree that Why Athens Agora is not responsible for the accuracy or completeness of information it obtains from users, sellers or suppliers and displays on the Site.

If you make a purchase through the Site, you agree to review and be bound by the supplier’s terms and conditions and any other rules or policies related to the supplier’s product. Why Athens Agora is not responsible for honouring your confirmed, booking, activity or product, the seller is solely responsible for honouring any confirmed bookings and making available any product purchased or service purchased through the Site. You acknowledge and agree that Why Athens Agora acts as the user or seller’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Seller. Your interactions with users and suppliers are at your own risk. Why Athens Agora will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any user or suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with user and suppliers.

When buying an item, you agree to the rules for buyers and that: You are responsible for reading the full item listing before buying. You enter into a legally binding contract to purchase an item when you commit to buy an item. (Completed and confirmed order) We do not transfer legal ownership of items from the seller to the buyer. Users are solely responsible for asking questions and investigating sellers and Site users to the extent they feel is necessary before completing an order and making a payment. This Site may link you to supplier sites or other websites that the Why Athens Agora does not operate or control.

LISTING AND SELLING

Joining and setting up a vendor listing on Why Athens Agora is free but subject to our internal approval process and terms and conditions. Why Athens Agora does charge a percentage of the sale price only to sellers when an item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. At the end of each calendar month, we will issue you an invoice for the commission amount we have earned from the sales you have made from your listings on the Why Athens Agora.

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Why Athens Agora service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site. Why Athens Agora is not responsible, in any manner, for paying taxes on your purchases, sales or earnings and your use of the Site constitutes agreement by you of Why Athens Agora’ rights to claim back any and all taxes charges as a result of your use of the Site.

Listing Accuracy and Requirements: By listing an item on the Site you warrant that you and all aspects of the item comply with Why Athens Agora published policies. You also warrant that you may legally sell the item and are capable of delivering the item as presented to users on the Site. You must accurately describe your item and all terms of sale in your Site listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself. You may not use stock photography or content developed by third parties without their express written permission. Listings may not include links or reference to other selling venues, external listings, websites or selling channels. Any such additions will be removed from the listing by Why Athens Agora without notice. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Any failure to accurately list your item, or the inclusion of any false information in the listing may be grounds for suspension or termination of your account. Any intentional misrepresentations or fraudulent statements in your listing is grounds for immediate termination of your account, at Why Athens Agora sole discretion, without any opportunity to cure.

Shop Policies: All sellers are urged to outline product policies for their listings for all users to clearly see. These policies may include, for example, shipping, returns, cancellations, changes payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with Why Athens Agora site-wide policies. Sellers are responsible for enforcing their own listing policies. Why Athens Agora reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order, deliver the service or otherwise complete the transaction with the buyer as described in the listing, unless there is an exceptional circumstance, such as the buyer fails to meet the terms of the seller’s listing (such as payment method) or an event such as weather forces the cancellation of a service all of which are subject to the terms stipulated on each product page. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. By purchasing an item on Why Athens Agora, the buyer agrees to the specific return, change, cancellation and other policies set forth by the individual seller.

Fee Avoidance/Void Transactions: The price stated in each item listing description must be an accurate representation of the full sale price. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items in regards to physical goods. Sellers may not charge excessive shipping fees. You may not misrepresent the item’s location, or use another user’s account without permission. No sales may be carried out via private message as a means to avoid Why Athens Agora sales fee. Any other efforts to move sales initiated on Why Athens Agora off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of Why Athens Agora policies or protections but Why Athens Agora will still be entitled to its commission from the Seller.

ELIGIBILITY

Why Athens Agora’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Why Athens Agora may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Why Athens Agora’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.

You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Why Athens Agora’s policies as stated in the Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Why Athens Agora, each of which is incorporated herein by reference and each of which may be updated from time to time without notice to you. You hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Why Athens Agora from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Why Athens Agora of any unauthorized use of your password or any breach of security. You also agree that Why Athens Agora cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Why Athens Agora without Why Athens Agora’s express written permission.

You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Why Athens Agora you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. You may not transfer or sell your Why Athens Agora account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Why Athens Agora maintains a strict policy against discrimination, harassment and inappropriate sexual conduct of any kind on its websites. Your access to any and all Why Athens Agora websites is conditioned on your adherence to this policy. Why Athens Agora retains the right to remove any user who violates this policy. Such determinations will be made in the sole discretion of Why Athens Agora and may be implemented without warning or the ability to cure.

ACCESS TO WHY ATHENS AGORA’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT WHY ATHENS AGORA’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS WHY ATHENS AGORA’S SITE. Why Athens Agora’s services, and all accesses to the Site, are not available to temporarily or indefinitely suspended Why Athens Agora members. Additionally, Why Athens Agora reserves the right, in Why Athens Agora’s sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and Why Athens Agora, please contact Why Athens Agora. Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Cyprus. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Should you have a dispute with one or more users, or an outside party, you release Why Athens Agora (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Why Athens Agora, for the benefit of users, may try to help users resolve disputes. Why Athens Agora does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Why Athens Agora attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. Why Athens Agora will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by the service providers.

For transactions completed by PayPal: Why Athens Agora will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

CONTENT

License: Why Athens Agora does not claim ownership rights in your Content. You grant Why Athens Agora a license solely to enable Why Athens Agora to use any information or Content you supply Why Athens Agora with so that Why Athens Agora is not violating any rights you might have in that Content. You grant Why Athens Agora a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Why Athens Agora to store or re-format your Content on Why Athens Agora and display your Content on Why Athens Agora any way as Why Athens Agora chooses. Why Athens Agora will only use personal information in accordance with Why Athens Agora Privacy Policy. By uploading Content to Why Athens Agora you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Why Athens Agora receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate Why Athens Agora for any loss suffered. Why Athens Agora reserves the right to remove any such Content immediately. As part of a transaction, you may obtain personal information, including name, phone number, email address and delivering information, from another Why Athens Agora user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Why Athens Agora related communications. Why Athens Agora has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Why Athens Agora user to your email or physical mail list. For more information, see Why Athens Agora’s Privacy Policy. Re-Posting Content: By posting Content on Why Athens Agora, it is possible for an outside website or a third party to re-post that Content. You agree to hold Why Athens Agora harmless for any dispute concerning this use. If you choose to display your own Why Athens Agora-hosted image on another website, the image must provide a link back to its listing page on Why Athens Agora.

WHY ATHENS AGORA INTELLECTUAL PROPERTY

Why Athens Agora, and other Why Athens Agora graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of WHYATHENS. Why Athens Agora’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

PRIVACY

Except as provided in Why Athens Privacy Policy, Why Athens Agora will not sell or disclose your personal information to third parties without your explicit consent.

NO WARRANTY

WHY ATHENS AGORA, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE WHY ATHENS AGORA’s WEBSITES, APPLICATIONS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WHY ATHENS AGORA, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM WHY ATHENS AGORA SHALL CREATE ANY WARRANTY.

LIABILITY LIMIT

IN NO EVENT SHALL WHY ATHENS AGORA, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, WHY ATHENS AGORA’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

WHY ATHENS AGORA’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF WHY ATHENS AGORA’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO WHY ATHENS AGORA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) €150.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD WHY ATHENS AGORA AND (AS APPLICABLE) WHY ATHENS AGORA’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITOR’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

NO GUARANTEE

Why Athens Agora does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Why Athens Agora’s control or otherwise.

LEGAL COMPLIANCE AND TAXES

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Why Athens Agora service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

NO AGENCY

You and Why Athens Agora are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

WHY ATHENS AGORA SERVICE

Why Athens Agora reserves the right to modify or terminate the Why Athens Agora service for any reason, without notice, at any time. Why Athens Agora reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Why Athens Agora makes a material change Why Athens Agora will notify you here, by email, by means of a notice on our home page, or other places Why Athens Agora deems appropriate. What constitutes a “material change” will be determined at Why Athens Agora’s sole discretion, in good faith, and using common sense and reasonable judgment.

CHOICE OF LAW

This Agreement shall in all respects be interpreted and governed by the laws of CYPRUS.

SURVIVAL

All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by post to WHY ATHENS: PO BOX 56128, LIMASSOL, CYPRUS 3304 or, in your case, to the email address you provide to Why Athens Agora (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after our email is sent to you, unless the sending party is notified that the email address is invalid. Alternatively, Why Athens Agora may give you notice by post to the address provided to Why Athens Agora. In such case, notice shall be deemed given three days after the date of posting. Please note that Why Athens Agora will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.

DISCLOSURES

The services hereunder are offered by WHY ATHENS: PO BOX 56128, LIMASSOL, CYPRUS 3304.

Effective Date: June 24, 2017

 

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