Terms and conditions

Gollgi Website and Application Terms Of Use

Gollgi website and application is a buyer request based purchase through non-catalog based online market place. Using Gollgi website or application is subject to the provisions of this end user license agreement and Terms of Use (the: "Terms"). Please read these Terms fully and carefully (from time to time, as they may be subject to change), as using the services and/or information or applications included in the website/application, and/or performing any action, constitute your consent to all sections of the Terms.

If you do not agree with any of the provisions of these terms, please do not subscribe and do not use the Website or the Application.  

  • General
    1. In these Terms, the singular shall imply the plural, and vice versa. Headings are included for ease of reading only, and should not be interpreted as having any other meaning.
    2. The Gollgi on-line platform, Application and services (hereinafter: "the Platform"; “the Application”; "the Services"; "the Software") is operated by Gollgi (hereinafter: "Gollgi").
    3. Gollgi may modify or shut down the Services or change from time to time the Services' structure and appearance or the availability of Services and content provided by it without giving any advance notice. In addition, the information obtained using the Services may not be accurate. For these reasons, no claim, suit or demand will be made against Gollgi or any of its behalf in this context.
  • The Platform and its Services may not operate properly, be in final form or fully functional, and may contain errors design flaws and/or may vary depending on your district or mobile device quality and/or other problems; Gollgi does not guarantee that the Services provided by it will not be interrupted, will be given regularly and continuously without interruptions, and/or will be immune to illegal access to the user's computers, damages, faults, malfunctions, software, hardware or communication infrastructure errors in the Software and/or that of any of its suppliers, or that it will be not be damaged in any other way, and will not be responsible for any damages, whether direct or indirect, physical illness, mental anguish, etc, caused to the Software user or his/her property as a result thereof.
  • Registration
    1. Gollgi offers its users (that is, any person or entity that desires to sell and/or buy products, goods or services – hereinafter: “Users”) a unique on-line platform to sell their products or services to other Users, or to buy products or services from other Users. Each buyer or seller can place bids for purchasing or selling products/services.
    2. The basic use of the Platform is provided by Gollgi for free. However, a seller will receive the purchasing bid anonymously, and in order to reveal the contact information of each specific buyer, the seller will be required to pay Gollgi a fixed Fee, as shall be published in the Platform from time to time (the “Fee”).  
    3. In order for Users to buy or sell products or services, Users must first need to create a personal profile page on the Platform, which will be visible to sellers who place an offer.  Profile pages shall be written in the English language, and shall include the following details:
      1. Buyer’s Profile Page: Full name, E-mail address, address, telephone number.

The more information a Buyer will add to his Profile Page, the more his Rating (as defined herein) will rise. High Rating rank will improve the Buyer’s chances to get more, and better, suggestions from relevant Sellers.   

      1. Seller’s Profile Page: Full business name, contact person name, E-mail address, address, and telephone number, detailed discerption of the business and its product or services. Sellers shall also have the option (by paying the relevant fee to Gollgi) to enable Gollgi to check its market credibility and financial firmness, and by that to improve it’s Rating.   

The more information a Seller will add to his Profile Page, the more his Rating will rise. High Rating rank will improve the Seller’s chances to get more, and better, purchasing requests from relevant Buyers.

      1. By creating a profile page the User represents and warrants that it provides true and accurate information.
      2. A User must identify himself with a valid internet email address (whose address shall be given at the time of registering/ordering/purchasing on the Software), and who has a residential address.
      3. Gollgi do not and cannot verify the authentication of each User's published data. Hence, it is the User own responsibility to submit precise and accurate information about itself. If the information a User had published in the Platform is false or incorrect, Gollgi reserves the right, without prior notice, either to suspend or terminate access to such User account.
      4. Gollgi may offer in the future increased functionality, either unique or periodically, that may require payment. In those cases, special provision regarding payment methods shall be published by these Terms.  
      5. Each User’s account (whether a seller or a buyer) will be rated by Gollgi and by the other Users. Such rating shall be based on a variety of parameters such as credibility, reliability, scope and capacity of using the Platform, responsiveness, actualization of use (i.e., not just placing bids for selling or buying products, but actually participating in such transactions), quality of goods and services, pricing etc. (the “Rating”). The choice of such parameters of Rating, and the way of calculating the Rating, shall be according to Gollgi’s sole discretion.
      6. Gollgi reserves the right to cancel any account and/or to deny any person the right to use the Services (or to make transactions on the paid features of the Platform in the future), including in case (a) such User’s account gained poor Rating results; (b) such User violated the provisions of these Terms and/or the provisions of Gollgi’s Privacy Policy; or (c) it arises that the use was accompanied by illegal or immoral or inappropriate activities by the user. Gollgi is not obligated to provide any explanation for such a decision. Sections ‎6 (Intellectual Property), ‎9 (Exemption from Liability), and ‎10.3 (Choice of Law and Exclusive Jurisdiction), of these Terms, shall survive expiration or termination.
      7. Gollgi, in its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in the Services at any time.
      8. In case of special features that require username and password, the users are responsible for maintaining the confidentiality of account and password information and agree to accept responsibility for all activities that occur under the user’s account or password.
      9. When buying or selling any product or service, a user agree that he is responsible for reading the full item listing before making a bid or commitment to buy or sell, and that he is entering into a legally binding contract to purchase or to sell and commit to buy or sell an item or it has the winning bid.
  • Payment Terms for Gollgi’s Services
      1. In order to buy or sell services or products through the Gollgi’s Platform, a User must be an adult according to the applicable laws applies on him (a minor making transactions shall be considered to have received his/her parents'/guardians' permission to make the transaction), with a valid payment method, and who has an internet email address (whose address shall be given at the time of registering/ ordering/ purchasing on the Website), and who has a residential address.  
      2. To pay the charges for a Service, a Seller will be asked to provide a payment method at the time of signing up for that Service. The User can access and change its billing information and payment method on the Platform.
      3. By providing Gollgi with a payment method, a Seller represents that it is authorized to use the payment method, and that it authorizes Gollgi to charge it for the Services.
      4. The Seller requires to keep its billing account, payment method and contact information current at all times, and to permit Gollgi to use such information. The Seller authorizes Gollgi to use its payment method for recurring payment and payments, until the subscription for that Service is terminated. If a Seller does not have a valid payment method and don't provide another payment method after receiving notice to do so within an appropriate timeframe, Gollgi may suspend or cancel Services for such User.
      5. Payment Terms. In case a Seller desires to reveal the contact information of a specific Buyer, the Seller will be required to pay Gollgi a Fee for each request. Payment for Gollgi’s Services shall be made by charging Seller’s account for future use of the Services. While using the Services, the credit will decrease accordingly, and when all payment is used up, the Services will stop running until the account shall reload.
      6. Recurring Payments. The Seller acknowledges and agrees that he is authorising recurring payments, and payments shall be made to Gollgi by the method the Seller has chosen at the recurring intervals chosen by him.
      7. Reports. Gollgi will provide the Seller with an online billing statement regarding its account. A VAT invoice may be available. If a Seller does not report an error on its bill within 90 days, it releases Gollgi from all liability and claims of loss resulting from such error caused by slight negligence, and Gollgi will not be required to correct the error.
      8. Refund Policy. If the Service is terminated, all unused balance of pre-paid payments will be returned to the Seller. To request a refund, it is required to fill-in the refund form at the account management page. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If a Seller believes that Gollgi has charged it in error, it must contact Gollgi within 90 days of such charge, and Gollgi will review the charge. No refunds will be given for any charges more than 90 days old. However, Gollgi reserves the right to refuse a refund request if it reasonably believes that the Seller in breach of these Terms, or using the Services fraudulently, or that its Gollgi account is being used by a third party fraudulently. This refund policy does not affect any rights under applicable law.  
      9. Payments to Seller. If Gollgi owes a User payment, then the Seller agrees to timely and accurately provides Gollgi with any information needed to get that payment to the Seller. The Seller is responsible for any taxes and charges that may incur as a result of this payment to him. The Seller must also comply with any other conditions placed on his right to any payment. If a Seller receives a payment in error, Gollgi may reverse or require return of the payment. The Seller agrees to cooperate with Gollgi in its efforts to do this. Gollgi may also reduce the payment to the Seller without notice to adjust for any previous overpayment.
      10. Termination of the Services. A User may cancel his subscription to the Services at any time, with or without cause, by a 3 business days’ notice.  
  • User's Content
      1. Users and Users may share, upload, post to, or transmit, display, perform or distribute content, data, text, software, music, sound, photographs, graphics, video, messages or other materials or information (the: “User Content”). User warrants and represents that he have all the rights, power and authority necessary to grant the rights granted herein to any User Content submitted. 
      2. Users may not, and undertake not to, upload or publish in the Website, Platform or in the Application any content that deems to be:
        1. Harmful, hateful, vulgar, threatening, abusive, harassing, pornographic, obscene, libelous, or otherwise objectionable;
        2. Engage in activity that is false or misleading (e.g., asking for money under false pretenses, manipulating the Services for any benefit, or affect rankings, ratings, or comments).
        3. Circumvent any restrictions on access to or availability of the Services.
        4. Infringing upon any third party Intellectual Property, including  patents, trademarks, trade secrets, copyrights or other proprietary rights of any party;
        5. Contradicting applicable law or any contractual or fiduciary relationships;
        6. Unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation;
        7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        8. Impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
        9. Intimidate or harass another user; violates the privacy of others; or, use or attempt to use another user's account, service or system, or create a false identity on the Software.
      3. Users of the Services are solely responsible for Content they share, for transactions they execute with other users (either monetary or not) and for any other interactions with other users, including those they collaborate with whether on or off the Services. Gollgi and/or any of their representatives are not responsible for enforcing Terms or arbitrating, hearing or settling disputes that may arise between users. Gollgi reserves the right, but has no obligation, to monitor disputes between Users of the Software.
      4. Gollgi have no obligation, but reserves the right, to pre-screen, filter, refuse, flag, modify or move any Content available through its Services. User understands that by using Gollgi he may be exposed, at his own risk, to Content that is offensive, indecent or objectionable.
      5. User acknowledges and approves, that contents that were uploaded by him to the Website or to the Application may still be used by Gollgi and/or by other members of the Services during his membership period and even after terminating user's account (for any reason), without limitation of time, and no claim, suit or demand will be made against Gollgi in this context. This approval is deemed to be a perpetual, fully paid-up, worldwide, sub-licensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use User Content in connection with the operation of the Website, Application, Services or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. User hereby waives any claims arising from or relating to the exercise by Gollgi of the rights granted under this section, and will not be compensated for any exercise of the license granted under this section.
  • Intellectual Property
      1. Copyrights, distribution rights, trade secrets, trademarks as well as any and all intellectual property of any kind, whether in regard to Software, the design and layout of the Software, the Services (including any part of them) and/or in regard to its content and provided information (hereinafter the "Materials"), are Gollgi’s exclusive property, and using the Software does not give any license and/or right in the Software's contents and/or part thereof other than specifically indicated herein. No copying and/or duplication and/or distribution and/or publication and/or any commercial use may be made of any part of the Software and/or the Materials, whether directly or indirectly, whether in design, code or any other way, without Gollgi’s prior written approval.
      2. Gollgi provides the Materials under a non-transferable, non-exclusive, license only for the personal use of an individual user who signed onto the Software's services. A user is not permitted to use the Material for a commercial mean, or to transfer it to any third party. Any copying, modifying, assignment, transfer, sale, reprinting, sublicensing, publishing, or other distribution of the Materials is prohibited without the prior written consent of Gollgi. A user may not copy, modify, reverse engineer, translate, port, or make derivative works of the Materials. A user may not sell, assign, lease, rent, sublicense, market, disclose, publish, or transfer the Materials. A user may not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation, or any other means. The user will not alter or remove any copyright notice or proprietary legend contained in or on the Materials.
      3. The license herein is effective until terminated by user or by Gollgi. Users' rights under this license will terminate automatically without notice in case a user fails to comply with any of the Terms. Upon termination of the license, user shall cease all use of the Software, and destroy all his copies, full or partial, of it.
      4. The name Gollgi and Gollgi's trademarks (whether registered or not) are all the exclusive property of Gollgi. No use of these trademarks may be made without receiving Gollgi's prior written approval.
      5. Advertisements presented on the Software, if any, are the property of the advertiser, and therefore, any use of advertisements which constitutes a violation of the advertiser's rights is prohibited.
      6. All users must comply with all applicable national and international copyright and similar laws and must not infringe on the rights of others. Gollgi does not monitor in any manner whether users are complying with those laws or honoring those rights, and is not responsible for protecting the copyright, license or other similar rights of any user.
      7. Gollgi takes the infringement of the intellectual rights of others seriously, and shall take seriously any attempt to use the Software as a means to infringe or harm the intellectual rights of others. Therefore, a user believes that any material on the Software violates any of its Intellectual Property rights, it may send a written notification of such infringement to our Customer Service ), with the following details:
        1. The complainer identification and contacts.
        2. Full details of such alleged infringement, including an identification of the copyrighted work claimed to have been infringed, and a statement that the complainer is the owner of an exclusive right that is allegedly infringed;
        3. A statement that the complainer has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
        4. A statement that the information in the notification is accurate, and under penalty of perjury.
      8. Gollgi may promptly and without notice suspend and/or terminate file or content exchanges and/or cease user’s access to the Software, if it believes an infringement on rights of others under copyright law or other applicable law may occur.
      9. Software Updates‎. Sometimes Gollgi will publish a software updates to keep using the Services. Gollgi may automatically check the User’s version of the Software and download software updates or configuration changes, including those that prevent from accessing the Services. The User may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Gollgi isn’t obligated to make any updates available and does not guarantee to support the version of the system for which the User licensed the software. 
  • Customer Service

For additional information about the Software, its way of operation, details about its services, or for any other question, you can contact the Software's Customer Service. Gollgi's representatives will be happy to assist you in any matter, during Gollgi's business hours, to make your visit to the Software more pleasant, and to assist you in the buying process. The Customer Service Department details are given on the Contact Us page.

  • Confidentiality of the Customer's Personal Details and Data Security
      1. In order to maintain the confidentiality of the information provided by the user when using the Software, Gollgi uses advanced data encryption technologies. In addition to the foregoing, Gollgi may record IP addresses for actions made in the Software, and if it detects a fraud or scam attempt, it shall report this immediately to the law enforcement authorities.
      2. Gollgi undertakes to maintain discreteness in all matters related to the user's personal details. In addition, Gollgi undertakes not to make any use of the user's personal details, and/or to transfer them to any other entity, without the user's consent, except as necessary in order to process his/her order.
      3. Gollgi shall be permitted to use the user's personal information only for internal requirements and for complaint and/or review inquiries, including by using cookie or data files in User's computer/device. Any user may change his/her website/device browser settings so that the browser will deny all cookies, or warn of cookies it is sent. However, it should be stated that some parts of the Services may not function properly if the user refuses to receive cookies or data files.
      4. Gollgi shall not be considered to be breaching any commitment for privacy, or as infringing a user's privacy in regard to any information, which could be used to identify a user or for him to be tracked by another, resulting from the use of electronic means of communication in general, and computer communication specifically.
  • Exemption from Liability 
    1. User acknowledges and understands that Gollgi does not sell or market any product by itself, and all goods offered through the Platform, are offered through independent Sellers. Therefore, Gollgi and/or any of their representatives shall not be liable and shall not have to pay, directly or indirectly, any damages, whether direct, indirect, constructive or special, monetary or otherwise, caused to the user or any third party as a result of purchase products or service, or due to the use of or reliance on information and/or services appearing in the Software and/or any third party's content, including personal injury, death, property or environmental damage, loss of income and/or prevention of profit caused for any reason. Any reliance by any user and/or third party on any content, information, advertisement, products, services, opinions and positions presented or published in the Website/Application and/or any linked website, including the information, contents, opinions and positions presented or displayed there, is at the user's sole discretion and responsibility.
    2. Gollgi and/or any of their representatives shall not be liable directly or indirectly, for any personal injury, property or environmental damage, loss, or any damage or expense caused to the user and/or any third party in connection with any action and/or negligence resulting from any third party; and shall not be liable directly or indirectly, for any neglect and/or action, of any kind, which creates any relationship between the user and any third party and/or resulting from such a relationship, even if the user learns of the third party and/or about its sales and/or approached the third party through a link appearing on the Website/Application.
    3. When buying or selling any product or service, the User agrees that he is responsible for reading the full item listing before making a bid or commitment to buy or sell, and that he is entering into a legally binding contract to purchase or to sell and commit to buy or sell an item if it has the winning bid.
    4. User agrees to hold harmless and indemnify Gollgi, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to the use of Smartly Services, violation of these Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
    5. When information and contents are given on the internet, there is a concern that the user's contents may be exposed, viewed and used by other people on the internet, and Gollgi and/or any of their representatives is not liable for their security and/or for any damage and/or loss and/or expense caused to the user and/or any third party as a result of this. For the avoidance of doubt, it is clarified that Gollgi and/or any of their representatives shall not be responsible for any damage caused to the user as a result of the use of or reliance on information included in serviced linked to the Software. Gollgi and/or any of their representatives are not responsible for the contents of those software or for the data published in them.
    6. The publication of user contents on the Website or on the Application, or the placing of a link in the Website or in the Application, shall not be interpreted as offers made to a user, as a show of support, encouragement, provocation, solicitation or sponsorship by Gollgi and/or any of their representatives for those contents and/or services provided by others. Gollgi and/or any of their representatives is not reviewing the contents that were being linked to, and is not responsible, directly or indirectly, for the content, accuracy or opinions expressed in such other websites. SOME AREAS OF THE WEBSITE/APPLICATION MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. 
    7. Without derogating from the foregoing, Gollgi and/or any of their representatives shall in no case be liable for a damages sum exceeding the price of the fee paid for by the user.
    8. Gollgi Service re rendered “AS-IS” and "AS AVAILABLE" basis, and Gollgi can not assure accuracy or effectiveness of search result from of the Platform. Gollgi does not warrant that the Services shall be uninterrupted, timely secured or error-free. Bid updates and other notification functionality in the Platform may not occur in real time. Such functionality is subject to delays beyond Gollgi's control.
    9. Each User agrees that it uses the Services at its own risk, to the extent permitted by applicable law, Gollgi excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    10. In addition, to the extent permitted by applicable law, Gollgi will not be liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
    1. The use of or inability to use the Services;
    2. bugs, errors, or inaccuracies of any kind in the Services; 
    3. delays or disruptions in our Services, or in User’s services;
    4. pricing, shipping, format, or other guidance provided by Users;
    5. viruses or other malicious software, or damages to hardware devices, obtained by accessing or linking to the Services;
    6. the content, actions, or inactions of third parties, including items listed using the Services or the destruction of allegedly fake items;
    7. the duration or manner in which a User’s listings appear in search results.
      1. Release and Indemnification - If a User has a dispute with other User, he/it releases Gollgi (and any of its behalf) from any 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. Hence, users will indemnify and hold Gollgi (and any of its behalf) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of a breach of this Terms, an improper use of the Services or a breach of any law or the rights of a third party. 
  • Miscellaneous
    1. Enforcement. Violating these Terms, may stop providing Services to the User or may close its account. Gollgi may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or may remove or refuse to publish his Content for any reason. When investigating alleged violations of these Terms, Gollgi reserves the right to review the User’s Content in order to resolve the issue. However, Gollgi cannot monitor the entire Services and make no attempt to do so.
    2. Gollgi's computer records regarding the transactions performed through the Software shall constitute prima facie evidence of the correctness of the transactions.
    3. Choice of Law and Jurisdiction: Sole, exclusive jurisdiction for all matters related to the use of the Software is given only to the authorised courts in the London district, and only the laws of the State of England shall apply to the use of the Software.
    4. If any provision of these Terms is declared invalid or unenforceable, the remaining provisions of the Terms will remain in effect.
    5. Gollgi may update these Terms at any given time, without any advance notice.

 

Document version: 1.02 published 10/01/2017