Aerolly is a free service. You can search, bid and contact sellers/buyers by phone, email and website.
Terms and Condtion
By using Aerolly.COM (including Aerolly.COM and its related sites, services, applications, and tools), you agree to the following terms and the general principles for the sites of our subsidiaries and international affiliates.
This User Agreement is effective upon acceptance for new users. For current users, this Agreement is effective Oct 22, 2013 and supersedes all previous versions of the Aerolly.COM User Agreement. You accept this User Agreement by clicking the Submit button when registering an Aerolly.COM account; accessing or using Aerolly.COM's sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool. The previous amendment to the Aerolly.COM User Agreement was effective for all users on March 26, 2013.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against Aerolly.COM on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
While using Aerolly.COM sites, services, applications, and tools, you will not:
post content or items in inappropriate categories or areas on our sites and services;
violate any laws, third party rights or our policies;
use our sites, services, applications, or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot reach the seller;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Aerolly.COM;
post false, inaccurate, misleading, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Aerolly.COM);
circumvent any Aerolly.COM policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
transfer by any manner any Aerolly.COM application or your Aerolly.COM account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Aerolly.COM, or the interests or property of Aerolly.COM users;
export or re-export any Aerolly.COM applications, or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from the Aerolly.COM sites, services, applications, or tools or Aerolly.COM's copyrights and trademarks;
commercialize any Aerolly.COM application or any information or software associated with such application; or
harvest or otherwise collect information about users, including email addresses, without their consent.
Aerolly.COM and its community of users (the "Community") work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Aerolly.COM's works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our us.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off-Aerolly.COM transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue Aerolly.COM sites, services, applications, or tools.
Buyers and sellers share the responsibility for making sure purchases made on Aerolly.COM are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the Aerolly.COM Buyer Protection Policy with respect to claims made under Aerolly.COM's Buyer Protection Policy. Aerolly.COM Buyer Protection covers only claims filed in accordance with the Aerolly.COM Buyer Protection Policy, not claims filed with PayPal. Aerolly.COM Buyer Protection will not cover claims for which the buyer has initiated another form of resolution processing, including credit card chargebacks (if the buyer paid by credit card) or PayPal Buyer Protection claims (if the buyer paid by PayPal). We may suspend the Aerolly.COM Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
We require Aerolly.COM sellers to comply with our Buyer Protection resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer opens with Aerolly.COM under the Aerolly.COM Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will attempt to reimburse the buyer by reversing the funds from the seller's PayPal account used in the transaction. If that is not possible, we will refund the buyer up to the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. We may place the reimbursement amount on the seller’s invoice and charge the seller’s automatic payment method on file with Aerolly.COM, if any, for such reimbursement amount. Without limiting the foregoing, sellers may not have to reimburse us for an Aerolly.COM Buyer Protection claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Aerolly.COM Buyer Protection Policy. In addition:
Sellers must have a reimbursement method on file with Aerolly.COM and agree to allow us to charge the method they designate for amounts due to buyers. Sellers may change this reimbursement method by contacting Aerolly.COM and searching for "How to change your reimbursement method."
Sellers agree to allow us to remove funds from their PayPal accounts for amounts due to buyers. Sellers agree to allow us to remove funds from their PayPal accounts in currency other than the currency of transaction that is the subject of the claim where they do not have sufficient funds available in that particular currency. Sellers may opt-out of allowing Aerolly.COM to remove funds from their PayPal account for amounts due to buyers by emailing us from their registered Aerolly.COM email address and stating their user ID and intention to opt out of PayPal reimbursement. However, we reserve the right to continue using seller PayPal accounts for Aerolly.COM Buyer Protection cases associated with Aerolly.COM transactions paid for before the change.
Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a seller, we will require another reimbursement method.
Changing a reimbursement method will not affect Aerolly.COM's use of a payment method on file for other purposes (such as payment of your Aerolly.COM fees). If sellers do not provide Aerolly.COM with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from buying or selling on our sites and using our services, applications, and tools until payment is made.
Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Aerolly.COM Buyer Protection refund or reimbursement.
To protect against the risk of liability, Aerolly.COM has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an Aerolly.COM Buyer Protection claim. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Many of our sites, services, applications, and tools are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.
Some Aerolly.COM members may reside outside of the United States and some may not speak English as a primary language. To assist users who speak different languages, we may translate listings and other Aerolly.COM content, in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings by, depending on the site, service, applications, or tool involved, using the functionality built into such site, service, applications, or tool. We also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from an Aerolly.COM user. If you request an on-demand translation from such a tool, the accuracy or availability of the resulting translation is not guaranteed.
In some cases, you may be able to sell your items internationally by listing items for sale directly on one or more of Aerolly.COM's international sites. Using various tools, services, and experiences, we may display your listing on an Aerolly.COM site other than the Aerolly.COM site where you listed your item for sale, including those situations where you choose to list items with an international shipping option (such as worldwide shipping and the Global Shipping Program described below). However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. If your item is sold to a buyer on an Aerolly.COM site other than your Aerolly.COM site of registration, you agree to be subject to that other site's policies and Aerolly.COM's International Selling Policy. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
Fees and Services
Joining Aerolly.COM, listing and selling on items is free. We might charge fees for using special services, for exaple ranking fee, premium purchasing fee, advertising fee, etc. The fees may vary from time to time. Changes of fees are effective after we provide you with at least 2 days' notice by posting the changes on www.Aerolly.COM. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.
Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications, and tools until full payment is made. Aerolly.COM, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Aerolly.COM reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Aerolly.COM account, you must contact the collection agency directly.
Authorization to Contact You; Recording Calls
To contact you for reasons relating to your account or your use of our sites, services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
When providing us with content or posting content on Aerolly.COM's sites, services, applications, and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Aerolly.COM users). You may use catalog content solely in connection with your Aerolly.COM listings during the time your listings are on Aerolly.COM's sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Aerolly.COM policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Disclaimer of Warranties; Limitation of Liability
We try to keep Aerolly.COM and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in Aerolly.COM's applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude 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.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Aerolly.COM responsible, 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:
Your use of or your inability to use our sites, services and tools;
Delays or disruptions in our sites, services, applications, or tools;
Viruses or other malicious software obtained by accessing our sites, services, applications, or tools or any site, services, applications, or tools linked to our sites, services, applications, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in the information and graphics obtained from them;
Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications, and tools;
The content, actions, or inactions of third parties, including items listed using our sites, services, applications, or tools, feedback provided by third parties, or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account;
The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
Aerolly.COM's decision to end or remove your listing(s);
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Aerolly.COM reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing, shipping or other guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Access and Interference
Aerolly.COM's sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to Aerolly.COM by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Aerolly.COM and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites, services, applications, or tools, or any activities conducted on or with our sites, services, applications, or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
By listing an item on Aerolly.COM's sites, you agree to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on Aerolly.COM's sites, your listing will be posted on Aerolly.COM's sites and can be viewed in My Aerolly.COM. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Aerolly.COM can't guarantee exact listing durations. Aerolly.COM's duplicate listing policy may also affect whether your listing appears in search results. Aerolly.COM reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in Aerolly.COM's Help Pages.
You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on Aerolly.COM, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Aerolly.COM's sites, services, applications, or tools, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Aerolly.COM's registered address (in the case of Aerolly.COM) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My Aerolly.COM. In such case, notice shall be deemed given three days after the date of mailing.
You and Aerolly.COM agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Aerolly.COM User Agreement (hereafter "User Agreement" in this section entitled "Legal Disputes"), your use of or access to Aerolly.COM's sites, services, applications, and tools, or any products or services sold or purchased through Aerolly.COM’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the Beijing China, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Aerolly.COM, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Aerolly.COM each agree that any and all disputes or claims that have arisen or may arise between you and Aerolly.COM relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Aerolly.COM's sites, services, applications, and tools, or any products or services sold or purchased through Aerolly.COM’s sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The China Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND Aerolly.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Aerolly.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Aerolly.COM USERS.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Aerolly.COM must be resolved exclusively by court in Beijing China. You and Aerolly.COM agree to submit to the personal jurisdiction of the courts located within Beijing China for the purpose of litigating all such claims or disputes.
You agree that Aerolly.com can suit you outside of China(world wide) if we think you break our policy and terms, or damage our interests..
You agree to abide by all policies posted on our sites. Such policies (including, but not limited to the following) are part of this User Agreement and provide additional terms and conditions related to specific services offered on our sites:
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Aerolly.COM sites. When using particular Aerolly.COM services, applications, or tools, you are subject to any posted policies or rules applicable to services, applications, or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Aerolly.COM. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 3 days after they are initially posted. Additionally, we will notify you through the Aerolly.COM Message Center and/or by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Aerolly.COM representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Disclaimer of Warranties; Limitation of Liability, Indemnity, and Legal Disputes.