TERMS AND CONDITIONS
The
website dinartrade.com (“Website” or “this Website”) is owned and operated by
Dinar Trade, Inc. As used herein, the
terms "DINAR",
"we", "us", and "our" refer to Dinar Trade, Inc., a Nevada
corporation. The terms "you" and "your" refer to the
users of the website, whether in their capacity as sellers, purchasers, or
visitors to this website.
By
visiting this Website and/or making transactions with Dinar, you hereby agree
to these Terms and Conditions.
1.
Overview
of Dinar's Business. Dinar sells currency including but not limited to currency from Iraq,
Korea, Vietnam and China (“Currency”) directly to customers. Dinar reserves the right
to terminate the sale of Currency at any time. Dinar also reserves the right to
sale other currencies in the future. Dinar also reserves the right to buy back
any Currency. Dinar is not and does not intend to be a money transmitter. To
that extent, Dinar sells currency directly to purchasers/end users.
2. Eligible Users. You must be at least eighteen (18)
years old to access the Website and or make purchases of currency. You must be
able to form legally binding contracts under applicable law. Other restrictions
may apply.
3. The Sale.
Offer and Acceptance. If you submit an order, this
shall constitute a legally binding offer which Dinar may accept or reject at
its sole discretion. By submitting an order, you expressly accept these Terms
and Conditions and thereby agree to be bound by them as well as be bound by any
other terms that apply to that specific order.
Price. Prior
to Dinar's acceptance of your order, Dinar reserves the right to change the
price of any and all currency including the currency involved in your order.
Placement of Order. Placement of an order does not guarantee that Dinar will accept that
order. Dinar has the right to reject that order for any reason.
No Refunds .
Once your offer has been accepted by Dinar, you hereby agree and understand
that you will not be entitled to a refund.
No Returns.
You agree and understand that once your offer has been accepted by Dinar, you
will not be entitled to return the currency purchased. However, Dinar reserves
the right to purchase currency from you.
Shipments.
Dinar ships orders through third party shippers, as such; Dinar is not
responsible for any damages to the shipment or lost shipments as a result of
the shipper's conduct.
Delays. Your order may be delayed or cancelled due to
your order instructions, efforts to contact and locate you, and otherwise
comply with applicable law. Business hours and/or currency availability may
also be a factor in delays/cancellations.
Unauthorized Orders. You may not use the Website or make purchases in
violation of these Terms and Conditions or applicable laws, rules or
regulations.
Third Party Orders. You may not submit or receive an order on behalf
of any other person. If you intend to submit or receive an order on behalf of a
business or other non-human entity, you must inform Dinar in writing. You
hereby agree to provide Dinar any additional information about any such entity,
as requested.
Changes to Orders. We generally do not let you change the details
of your order once it's submitted to us for processing. It is your
responsibility to make sure your order details are accurate.
4. Website Content. The products and or services contained in the Website are subject to
change from time to time without notice. Not all products and services are
available in all geographic areas. Your eligibility for particular products
and/or services is subject to Dinar's sole determination and acceptance. Dinar
may discontinue or make changes to the information, products or services
described herein at any time with or without notice. Any dated information is
published as of the published date only, and Dinar does not undertake or assume
any obligation or responsibility to update or edit any such information. Moreover, by offering information, products
or services via the Website, no solicitation is made by Dinar of any person to
use such information, purchase currency or services in jurisdictions where the
provision of such information, products or services is prohibited by law.
5. Restrictions. In connection
with your use of our Website or purchases, or in the course of your interactions
with Dinar, as user or a third party, you will not:
- Breach these Terms
and Conditions, or any other agreement between you and Dinar;
- Provide false,
inaccurate, or misleading information;
- Refuse to cooperate
in an investigation or provide confirmation of your identity or any
information you provide to us;
- Use any robot,
spider, other automatic device, or process to monitor or copy this
Website without our prior written permission;
- Use an anonymizing
proxy.
6. Privacy and
Information Disclosure. We respect your privacy, however, to
assist the government fight money laundering activities, the funding of
terrorism, U.S. law requires that we obtain, verify, and record information
about purchasers of currency. We may require that you provide us with nonpublic,
personal, and identifying information as a precondition to acceptance of your
order.
Under certain circumstances we may provide information about you and your order to
government authorities and enforcement agencies, to comply with the law. By agreeing
to these Terms and Conditions, you acknowledge and consent to Dinar's Privacy
Policy and the disclosure of your personal information as required by law.
You authorize us, directly or through third parties,
to make any inquiries we consider necessary to validate the information that
you provide to us. This may include asking you for additional information,
requiring you to take steps to confirm ownership of your e-mail address,
verifying your information against third party databases, or through other
sources.
Your refusal to cooperate with the verification
process is a ground for rejection and cancellation of your order.
Intellectual
Property.
This Website is protected to the maximum
extent permitted by copyright laws and international treaties.
You
acknowledge the content of this Website, content, text, graphics, buttons,
logos, and images, as well as all other Dinar's copyrights, trademarks, service
marks, logos, and product and service names are owned exclusively by Dinar
except as otherwise described below.
You
agree not to use reproduce, copy, display or modify the Dinar intellectual property
in any manner not authorized herein. You understand that you are authorized
solely to view and retain a copy of the pages of this Website for your own personal,
non-commercial use.
De La Rue is a trademark of De La Rue LLC
there is no affiliation between De La Rue LLC and Dinar.
Disclaimers.
No Guarantees. Any and all statements
made by Dinar regarding the future value of the currency you purchase are statements
of opinion only. The price of currency may increase or decrease depending on
several factors outside of the control of Dinar. Dinar makes no guarantees
about the price/value of currency in the future or the continued use of the
currency in the future. As such, you hereby agree and understand that you are
required to conduct your own investigation and rely exclusively on your
investigation when making a currency transaction with Dinar. You hereby
understand that purchasing currency involves risks and as such, you are solely
responsible for all risks associated with the purchase of currency from Dinar.
No Investment Advice. Nothing in this Website
shall be construed as investment advice. It is your responsibility to speak
with investment professionals regarding your specific investment needs and
interests.
No Tax Advice. Nothing in this Website
shall be construed as tax advice. It is your responsibility to consult with an
accountant, or tax professional regarding your specific tax situation.
No Legal Advice. Nothing in this Website
shall constitute legal advice, legal counsel or legal opinion regarding any
matter. It is your responsibility to consult with your own independent counsel
regarding your legal concerns.
Warranty
Disclaimer. All content and services
on or available through the Website are provided on an "as is" basis.
Dinar does not make any representation or give any warranty in respect of the
Website or its content. Specifically, Dinar does not give any warranty as to
the accuracy, suitability, reliability, completeness, performance, fitness,
freedom from viruses or timeliness of the content or services contained on the
Website.
THIS
WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
We
make good faith efforts to ensure that orders are processed in a timely manner;
however we make no representations or warranties regarding the timeliness of
processing and shipping.
Some
jurisdictions do not allow the disclaimer of implied warranties, to that degree
this disclaimer may not apply to you.
Indemnity. You hereby agree to
indemnify and hold Dinar, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, legal representatives, service providers,
suppliers and employees, harmless from any claim, loss, demand, liability,
damage, expense, lawsuit including reasonable attorney fees and court costs,
made by any third party due to or arising out of your violation of these Terms and Conditions,
your breach of any agreement with Dinar, and or your violation of any rights of
another.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL DINAR, OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS, AGENTS
OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, LOSS OF ANTICIPATED VALUE OF A BUSINESS, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF DINAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF DINAR, OR ITS RESPECTIVE
SUBSIDIARIES, AFFILIATES, OFFICERS,
AGENTS, PARTNERS, AGENTS OR EMPLOYEES.
DINAR
SHALL NOT BE LIABLE UNDER ANY THEORY OF RELIEF, INCLUDING WITHOUT LIMITATION
BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
RELATIN G TO THE USE OF THIS WEBSITE OR THE TRANSACTIONS MADE THROUGH DINAR OR
THE WEBSITE.
DINAR'S
LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO THE SALE AMOUNT.
THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of
liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
11. Problems or Complaints.
It
is our goal to provide you with excellent customer service. If you have a problem/complaint, you are
required to contact Dinar first to provide Dinar with an opportunity to resolve
any disputes. You may contact Dinar, using the contact information below:
Dinar Trade, Inc.
100 Wilshire Blvd Suite 950
Santa Monica, CA 90401
Tel: 310-573-4680
Fax: 615-526-0227
Toll Free:
877-770-7660
Email: sales@dinartrade.com
Dispute
Resolution and Governing Law.
Governing Law. Any dispute between Dinar
and you shall be governed according to the laws of the State of California, and
all activities performed in connection with the use of the Website including
purchases/transactions shall be deemed to have been performed in California.
Any controversy, dispute, or claim arising out of or relating to the use of
this Website or the transactions with Dinar shall be governed by and construed
in accordance with the laws of California, except that body of law governing
conflicts of law.
Disputes with Dinar. If a dispute arises between
you and Dinar, our goal is to resolve the dispute to the satisfaction of all
parties in a cost-effective and efficient manner, therefore you are required to
contact Dinar in writing at least 30 days prior initiating any legal proceeding
or arbitration. Failure to do so will constitute a material breach of this
agreement.
Arbitration. For any dispute/claim (excluding
claims for injunctive or other equitable relief) where the damages are less
than $10,000.00 USD, the party requesting relief may elect to resolve the
dispute in a cost-effective manner through binding non-appearance-based
arbitration. If a party elects arbitration, that party will initiate such
arbitration through an established alternative dispute resolution (ADR)
provider mutually agreed upon by the parties. The ADR provider and the parties
must comply with the following rules: a) the arbitration shall be conducted by
telephone, online and/or be solely based on written submissions, the specific
manner shall be chosen by the party initiating the arbitration; b) the
arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; and c) any judgment
on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
Forum for Disputes. Except as otherwise agreed
by the parties or as described in section 12(c) above, you agree that any claim
or dispute you may have against Dinar must be resolved by a court located in Los
Angeles County. You agree to submit to the personal jurisdiction of the courts
located within Los Angeles County, California for the purpose of litigating all
such claims or disputes.
Improperly Filed Legal Actions. All
claims you bring against Dinar must be resolved in accordance with section 12
of this Agreement. All claims filed or brought contrary to section 12 shall be
considered improperly filed, and a breach of this Agreement. Should you file a
claim contrary to section 12, Dinar shall recover attorneys' fees and costs
(including in-house attorneys and paralegals); provided that Dinar has notified
you in writing of the improperly filed claim, and you have failed to promptly
withdraw the claim.
Links to Other Sites. Links to third-party websites
are provided as a convenience to you. Dinar has no control over the subject
matter or content on such third-party websites. As such, Dinar does not endorse, make any representation or take any
responsibility for such sites or the content on such sites. You are responsible
for complying with the terms of those sites. Dinar makes no warranties, either
express or implied, relating to the content of such sites and shall have no
liability relating to or arising from such sites. The use of any third-party
website is completely at your own risk.
If you have a dispute with one or more third-party
websites, you release Dinar and all affiliated companies, officers, directors,
agents, parents, subsidiaries, legal representatives and employees from 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 dispute. You acknowledge that California
Civil Code Section 1542 provides: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his or her favor
at the time of executing the release, which if known by him or her must have
materially affected his settlement with the debtor." If you are a resident
of California, you agree to waive California Civil Code Section 1542. If you
are a resident of any other state or foreign country, you agree to waive in
advance any similar laws of such other jurisdiction.
Termination. Dinar may cease to operate
the Website at any time with or without notice. Dinar reserves the right to
terminate your access and use of any part of the Website at any time without
notice for any reason.
Miscellaneous
Entire Agreement. This Agreement constitutes
the entire agreement between you and Dinar pertaining to the subject matter
hereof and governs your use of the Website and the transactions between you and
Dinar, superseding any prior agreements between you and Dinar pertaining to the
subject matter hereof.
No Waiver. The failure of Dinar to
exercise or enforce any right or provision of the Terms and Conditions shall
not constitute a waiver of such right or provision.
Severability. If any provision or term of these Terms and
Conditions is found by an arbitrator or court of competent jurisdiction to be
invalid, the parties nevertheless agree that the arbitrator or court should
endeavor to give appropriately valid effect to the intention of these Terms and
Conditions as reflected in the provision, and the other provisions of the Terms
and Conditions shall remain in full force and effect.
Modification. We may modify these Terms
and Conditions from time to time without notice to you, except as may be
required by law. It is your responsibility to review the most current version
of the Terms and Conditions by reviewing this Website. You may terminate your
use of the Website/services and stop making transactions with Dinar if you do
not agree with any modification or amendment. If you use the Website or make
any transactions with Dinar after the effective date of an amendment or
modification, you shall be deemed to have accepted that amendment or
modification. You agree that you shall not modify these Terms and Conditions and
acknowledge that any attempts by you to modify them shall be void.
