Terms & Conditions

1.     Introduction
Welcome to fcstswimming.com. These are the terms and conditions governing your access to and use of the website fcstswimming.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Falcon Crest Swimming Pools LLC ("we", "us" or "fcstswimming.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. 
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and fcstswimming.com's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Fcstswmming.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

2.     Eligibility for Membership
Fcstswmming.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Fcstswmming.com under this User Agreement or at law, Fcstswmming.com reserves the right to limit or withdraw access to the Site or the membership of any person if Fcstswmming.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Fcstswmming.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

3.     Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:

·        You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Fcstswmming.com of any unauthorised use of your password or account or any other breach of security. In no event will Fcstswmming.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Fcstswmming.com for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.

·        You will provide true, accurate, current and complete information about yourself as prompted by Fcstswmming.com's registration form (the "Registration Data").

·        You will not include:
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "fcstswmming" in your registration user ID.

·        Your store name shall not include the word "fcstswmming".

·        You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Site) by Fcstswmming.com or any other user as confidential.

·        You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Fcstswmming.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Fcstswmming.com under this User Agreement or at law, Fcstswmming.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

Fcstswmming.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Fcstswmming.com upon such requests. You acknowledge and agree that if you do not, Fcstswmming.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

4.     Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Fcstswmming.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

5.     Amendments to this User Agreement
You acknowledge and agree that Fcstswmming.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Fcstswmming.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

6.     Fees and Services
Fcstswmming.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers. 
Membership on the Site is free. Fcstswmming.com does not charge any fee for browsing, bidding and buying listed items on the Site. Fcstswmming.com charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items. 
Sellers must pay all fees due and payable to Fcstswmming.com after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from Fcstswmming.com by submitting an online no-sale claim. 
Before you list an item for sale through the Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on the Site. 
Fcstswmming.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site. 
Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Fcstswmming.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Fcstswmming.com with a valid payment method as set out in our Fees & Credit Policy . 
In case of non-payment of fees and/or any applicable taxes and charges by you to Fcstswmming.com, without prejudice to any other rights and remedies of Fcstswmming.com under this User Agreement or at law, Fcstswmming.com without liability reserves the right to:

·         issue you with a warning regarding the non-payment in question.

·         temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of Fcstswmming.com issuing a warning to you.

·         Fcstswmming.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to Fcstswmming.com

·         for accounts over 30 days past due, deduct the amount owed from your MyWallet account balance (and you acknowledge and agree to Fcstswmming.com doing so in these circumstances) and confirm the same to you by email.

·         deduct from your MyWallet.

·         invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time).

·         take any steps Fcstswmming.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.

7.     Fcstswmming SafePay
The Fcstswmming SafePay system means that payment for items on the Site may be made online or partly online through the Fcstswmming.com payment facilities called "MyWallet" or Cash On Delivery ("COD") (or other payment methods which Fcstswmming.com may make available on the Site from time to time) . 
By providing the MyWallet and COD payment facilities, Fcstswmming.com is merely facilitating the making of online payments by buyers possible but Fcstswmming.com is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and Fcstswmming.com is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Fcstswmming.com have any fiduciary duty to any user. You acknowledge and agree that Fcstswmming.com will hold your funds at your own risk.

8.     Your Information
You grant Fcstswmming.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

9.     Use of the Site
While using the Site, you will not:

·         post Information or content or list items in an inappropriate category or areas on our Site;

·         post items you do not have a right to link to or include;

·         post items that are concurrently listed for sale on a website other than the Site;

·         post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;

·         post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;

·         post counterfeit or stolen items;

·         post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;

·         post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;

·         post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;

·         post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;

·         post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;

·         post Information or content or list items which may (in our sole discretion) threaten national security;

·         post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;

·         use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);

·         fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

·         fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

·         attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;