Terms and Conditions
Bekki Group Ltd, a Swiss company limited by shares with registered office at Samstagernstrasse 41, 8832 Wollerau (Switzerland) (hereinafter “the Company”) provides certain features, products and services to you when you visit cloudname.com (hereinafter “the Website”)
2. Your Account
By registering and creating an account on the Website, you represent and warrant that you are over 18 years of age and you can form legally binding agreements under applicable law. If you are registering an account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity.
You are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you. The Company is not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You must ensure that the details you provide to us are correct and complete and inform us of any changes. You can access and update certain information you have provided to us via your account dashboard.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws or these Terms, we reserve the right to take action on your account in accordance with these Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account, or (iv) removing or editing content you post using your account.
3. Identity Verification
In order to access or use some of the services provided through the Website, you may be asked to provide proof of identity (including but not limited to, by providing copies of passports and/or government-issued driver’s license) or identify yourself through other methods of identity verification. Any such verification is not an endorsement, certification or guarantee by the Company about any buyer or seller, including their identity, background or whether they are trustworthy, safe or suitable.
4. Electronic Communication
When you access or use the Website or send e-mails, text messages, or other communication from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or communication via our discussion forum. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
5. Copyright and Other Rights
All content included in or made available by the Company, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads and data compilations is the property of the Company.
Other than to the extent necessary to use the Website for its permitted purposes and in accordance with these Terms, you may not copy, extract and/or re-utilize any content of the Website without our express written consent, including, without limitation, any listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website.
Through the Website, the Company allows third-party sellers to list and sell domain names registered in their name. The Company does not own, create, sell, resell, provide, control, offer or deliver these domain names. The relevant seller is indicated on the respective listing page. While the Company helps facilitate transactions that are carried out on the Website, the Company is not a buyer or seller in any transaction involving the seller’s domain names or any other transaction among users of the Website.
The Company provides a marketplace for sellers and buyers to negotiate and complete transactions. Accordingly, the contract agreed to by the sellers and buyers regarding the seller’s domain name is solely between the buyer and seller. The Company is not a party to this contract and does not assume any responsibility arising out of or in connection with the contract and/or the transaction. The Company does not act as an agent for the buyer or seller. The seller is solely responsible for the sale of their domain names and the buyer is solely responsible for the purchase of the domain names.
The Company is not responsible for:
(a) the existence, quality, suitability of legality of a listed domain name;
(b) the truth, accuracy or completeness of the information contained in a listing;
(c) the future performance of a listed domain name;
(d) the performance or conduct of a buyer or seller or third-party on the Website.
Your decision to purchase a listed domain name shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating a domain name and all information in a listing.
7. Listing of Domain Names
All rights to a domain name may be listed for sale on the Website.
You warrant and represent to the Company and to each buyer that:
(a) you own the domain name or are entitled to sell it;
(b) the domain name is transferable to a buyer.
You must not create a listing for a domain name which is:
(a) obscene, vulgar and/or deemed by the Company to be offensive;
(b) contains material which infringes the rights of a third party or which assists others to infringe the rights of a third party;
(c) is engaged in activities which contravenes law of any territory; or
(d) the Company deems inappropriate or in breach of these Terms.
8.1 Listing Fees
You may be charged a listing fee when you list a domain name for sale. For current fees, please see Pricing Table. You will only be charged a fee for creating a listing; there is no fee for editing a listing. You will be charged a fee whether or not the listed domain name sells. Listing fees are non-refundable.
8.2 Success Fees
If you successfully sell a listed domain name to a buyer who becomes aware of your listing and/or connects or engages with you via Website, you agree to pay the Company a success fee which is calculated as a percentage of the total transaction value or final sale price paid by the buyer for your listed domain name (including any applicable taxes). For current fees, please see our Pricing Table. The Company reserves the right to change the success fee at any time and will provide you with adequate notice of those changes before they become effective.
9. Processing of Payments
The Company does not offer escrow services and does not hold property on behalf of any person. The Company is not a payment provider. For the purposes of facilitating a transaction, any and all payment processing services through or in connection with your use of the Website are provided to you by one or more independent third-party service provider, as appropriate. You hereby consent and authorize the Company to share any information and payment instructions you provide with any third-party service provider(s).
10. Domain Name Price
You are solely responsible for setting a price for your listed domain name.
11. Third Party Links
12. Disclaimer and Liability
Unless otherwise specified in writing, the Company disclaims, and does not make, any representation or warranty of any kind in respect of the Website and the products and services offered including without limitation any representation or warranty,
(a) that they are free of viruses or other harmful components;
(b) that your use of the Website will be uninterrupted or error-free; or
(c) as to the suitability or availability of the products and services on the Website.
The Company will not be responsible for:
(a) losses arising from the unavailability of, or your inability to use the Website
(b) losses that are not directly caused by any breach on our part;
(c) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
(d) any indirect or consequential losses;
(e) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
For any other loss relating to the use of our Website, we limit our liability to the amount you have paid to us for the relevant service or product.
You agree to indemnify and hold the Company and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
(a) your use of the Website or domain names obtained as a result;
(b) your breach or violation of any of these Terms;
(c) your violation of the rights of any third party, including another seller or buyer.
You agree to hold the Company, its principals, officers, directors, brokers, agents, servants, employees and assigns harmless from any misrepresentations made by you.
The Company may give notice by means of a general notice on the Website, electronic mail to the email address on your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail or pre-paid post) or 12 hours after sending (if sent by email or telephone).
The Company may assign its rights and novate or transfer obligations that arise under these Terms. You must not assign, novate or otherwise transfer your rights or obligations under these Terms without the prior written consent of the Company (which may be withheld).
A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies in these Terms are cumulative with and not exclusive of any rights, powers or remedies provided independently.
17. Entire Agreement
These Terms supersedes all prior representations, arrangements, understandings, and agreements between the parties relating to the subject matter and sets forth the entire and exclusive agreement and understanding between the parties.
We reserve the right to make changes to our website, these Terms, our policies, and our listings at any time by posting the changes on our website. Your continued access to or use of the Website will constitute acceptance of the revised Terms.
If any of these Terms are judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other term to the intent that the invalid or unenforceable term will be treated as severed from the Terms.
20. Applicable Law and Jurisdiction
The substantive laws of Switzerland shall govern these Terms and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Terms will only be adjudicated in the courts of Wollerau (Switzerland). Each party consents to exclusive jurisdiction and venue in these courts.