ULTIMZ Terms & Conditions

ULTIMZ Terms & Conditions

Welcome to ULTIMZ, a UK-based luxury marketplace for buying and selling authentic luxury items. By using our platform, you agree to comply with these Terms and Conditions. Please read them carefully before using our platform. If you do not agree with these terms, you must not use our platform.

I. Introduction

1.1. Overview of ULTIMZ

ULTIMZ is a UK-registered online marketplace that specializes in the trade of high-quality and luxury items across various categories, including Arts, Bags, Cars, Collectibles, Fashion, Furniture, Jets, Jewelry, Shoes/Sneakers, Watches, and Yachts. ULTIMZ connects buyers and sellers, facilitating transactions in a secure and user-friendly environment.

As an intermediary, ULTIMZ does not own, store, or directly sell any of the items listed on its platform. Instead, it offers a trusted platform for buyers and sellers to engage in transactions and provides a digital certificate of authenticity for each purchased item, thanks to its network of trusted sellers and rigorous due-diligence process.

ULTIMZ is committed to maintaining the highest level of trust, security, and customer satisfaction, ensuring that both buyers and sellers have a seamless and enjoyable experience on the platform.

1.2. Scope and Applicability of Terms & Conditions

The Terms & Conditions outlined in this document govern the use of the ULTIMZ platform and its associated services, including the website, mobile applications, and any other features, tools, or services provided by ULTIMZ (collectively, the “Services”). These Terms & Conditions apply to all users of the Services, including but not limited to buyers, sellers, and visitors to the website or mobile applications.

By accessing or using the Services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms & Conditions, you must not access or use the Services. The Terms & Conditions constitute a legally binding agreement between you and ULTIMZ, and they supersede any prior agreements, communications, or understandings between you and ULTIMZ related to the subject matter herein.

ULTIMZ reserves the right to update, modify, or change these Terms & Conditions at any time without prior notice. Your continued use of the Services after any changes to the Terms & Conditions constitutes your acceptance of the updated Terms & Conditions. It is your responsibility to review the Terms & Conditions periodically to ensure that you are aware of any changes and that you understand and comply with the current version of the Terms & Conditions.

The Terms & Conditions do not apply to any third-party websites, applications, or services that may be linked to, integrated with, or otherwise accessible through the ULTIMZ Services. You are solely responsible for reviewing and complying with the terms and conditions of any third-party services you use in connection with the Services.

1.3. Acceptance of Terms & Conditions

By accessing, using, or registering an account with ULTIMZ, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, as well as any other applicable laws, regulations, and policies that govern the use of the Services. If you are accepting these Terms & Conditions on behalf of a company, organization, or any other legal entity, you represent and warrant that you have the authority to bind such entity and its affiliates to these Terms & Conditions.

If you do not agree with the Terms & Conditions, you must not access or use the Services, create an account, or engage in any transactions on the ULTIMZ platform. Your acceptance of the Terms & Conditions is a prerequisite for using the Services, and any violation of these Terms & Conditions may result in the termination of your access to the Services, at the sole discretion of ULTIMZ.

By accepting the Terms & Conditions, you also agree to be bound by any additional terms, policies, or guidelines that may be introduced by ULTIMZ or applicable to specific Services, features, or promotions, such as privacy policies, refund policies, or promotional terms. These additional terms, policies, or guidelines shall be considered part of the Terms & Conditions and will have the same binding effect.

ULTIMZ may, in its sole discretion, modify or revise these Terms & Conditions at any time. You are responsible for regularly reviewing the Terms & Conditions to stay informed of any updates or changes. Your continued use of the Services after any modification or revision constitutes your acceptance of the updated Terms & Conditions. If you do not agree to the changes, you must stop using the Services immediately.

II. Definitions

2.1. Key Terms

To ensure a clear understanding of these Terms & Conditions, the following key terms are defined as follows:

  1. ULTIMZ” refers to the company registered in the United Kingdom, which operates the online marketplace platform and associated services covered by these Terms & Conditions.
  2. Services” collectively refer to the website, mobile applications, tools, features, and any other services provided by ULTIMZ, as well as any updates, enhancements, or modifications to these services.
  3. User” refers to any individual or entity that accesses or uses the Services, including but not limited to buyers, sellers, visitors, and registered account holders.
  4. Buyer” refers to a User who places a bid, makes an offer, or purchases items listed on the ULTIMZ platform.
  5. Seller” refers to a User who lists items for sale on the ULTIMZ platform and agrees to sell items to Buyers in accordance with the Terms & Conditions.
  6. Bid” refers to the price a Buyer is willing to pay for a specific item listed on the ULTIMZ platform.
  7. Ask” refers to the price a Seller is willing to accept for a specific item listed on the ULTIMZ platform.
  8. Digital Certificate of Authenticity” refers to the electronic document issued by ULTIMZ to confirm the authenticity of an item purchased through the Services, based on the authentication process and due-diligence procedures conducted by ULTIMZ and its network of trusted sellers.
  9. Content” refers to all information, data, text, images, graphics, video, audio, or other materials available on or through the Services, including but not limited to item listings, descriptions, reviews, and User-generated content.
  10. User Content” refers to any Content submitted, posted, uploaded, or otherwise made available by Users through the Services, including but not limited to item listings, descriptions, images, and reviews.

Please note that these definitions are provided for clarity and ease of understanding, and they should be read in conjunction with the full text of these Terms & Conditions.

III. Account Registration

3.1. Eligibility

To be eligible to access and use the Services, create an account, or engage in transactions on the ULTIMZ platform, you must meet the following criteria:

  1. Age: You must be at least 18 years old or the age of majority in your jurisdiction, whichever is older. If you are under the required age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions.
  2. Legal Capacity: You must have the legal capacity to enter into a binding contract with ULTIMZ and to fully understand and comply with these Terms & Conditions.
  3. Compliance with Laws: You must comply with all applicable local, state, national, and international laws, regulations, and rules in your jurisdiction, including but not limited to import/export restrictions, tax regulations, and consumer protection laws.
  4. No Prior Suspension or Termination: You must not have a previously suspended or terminated account with ULTIMZ, unless you have received explicit permission from ULTIMZ to create a new account.
  5. Geographic Restrictions: You must be located in a country or region where ULTIMZ Services are available, and your access to and use of the Services must comply with any applicable restrictions or requirements imposed by your jurisdiction.

By accessing or using the Services, you represent and warrant that you meet all of the eligibility requirements outlined above. ULTIMZ reserves the right, in its sole discretion, to deny, suspend, or terminate your access to the Services or your account if you do not meet the eligibility criteria or if you provide false or misleading information during the registration process or at any other time.

3.2. Account Creation

To fully access and utilize the Services, you must create an account on the ULTIMZ platform. When creating an account, you are required to provide accurate, current, and complete information, including but not limited to your full name, email address, phone number, and any other information requested during the registration process. You may also be asked to create a unique username and password for your account.

It is your responsibility to keep your account information up to date and to promptly update any information that may have changed. Failure to maintain accurate, current, and complete account information may result in the suspension or termination of your account, at the sole discretion of ULTIMZ.

You are allowed to create only one account on the ULTIMZ platform, unless you receive explicit permission from ULTIMZ to create additional accounts. Creating multiple accounts without permission may lead to the suspension or termination of all associated accounts.

ULTIMZ reserves the right, in its sole discretion, to deny, suspend, or terminate your account at any time if it determines that you have violated these Terms & Conditions, provided false or misleading information during the registration process, or engaged in any activity that may harm the reputation, integrity, or operation of the Services.

3.3. Account Security

Maintaining the security and confidentiality of your account is your sole responsibility. You are required to take all necessary precautions to protect your account, including but not limited to:

  1. Creating a strong, unique password: Choose a password that is not easily guessable, contains a combination of letters, numbers, and symbols, and is not used for any other online accounts or services.
  2. Safeguarding your login credentials: Do not share your username, password, or any other account information with anyone else. You are responsible for all activities that occur under your account, whether or not you have authorized such activities.
  3. Promptly reporting any unauthorized access: If you suspect or become aware of any unauthorized access, use, or disclosure of your account information, you must immediately notify ULTIMZ and change your password. ULTIMZ will not be liable for any loss or damage arising from your failure to comply with these security requirements.
  4. Logging out after each session: To further protect your account, ensure that you log out from your account at the end of each session, especially when using public or shared computers.
  5. Implementing additional security measures: Consider enabling two-factor authentication, if available, or taking other security measures to protect your account.

You are solely responsible for any loss or damage resulting from your failure to maintain the security and confidentiality of your account. ULTIMZ reserves the right to suspend or terminate your account if it determines that your account security has been compromised or that you have failed to comply with the account security requirements outlined in these Terms & Conditions.

3.4. Account Termination

You or ULTIMZ may terminate your account and access to the Services at any time, for any reason, subject to the following conditions:

  1. Voluntary Termination by User: You may terminate your account at any time by contacting ULTIMZ customer support or following the account deletion process provided within the Services. Upon account termination, you will lose access to all features and services associated with your account. Please note that certain information or content associated with your account may continue to be stored by ULTIMZ for record-keeping or legal purposes, in accordance with our data retention policies.
  2. Termination by ULTIMZ: ULTIMZ reserves the right to suspend or terminate your account, access to the Services, or any ongoing transactions at any time, without prior notice or liability, if it determines that you have violated these Terms & Conditions, provided false or misleading information, engaged in fraudulent activities, or posed a risk to the security, integrity, or operation of the Services. ULTIMZ may also terminate your account for any other reason, with or without cause, upon providing reasonable notice to you.
  3. Effect of Termination: Upon account termination, all rights and licenses granted to you under these Terms & Conditions will immediately cease, and you must immediately discontinue any use of the Services. You will remain responsible for any outstanding obligations or liabilities associated with your account, including but not limited to payment of any outstanding fees, fulfillment of any ongoing transactions, or compliance with any applicable laws or regulations.
  4. Survival: The provisions of these Terms & Conditions that, by their nature, should survive account termination, will continue to remain in effect, including but not limited to intellectual property rights, limitation of liability, indemnification, and governing law.

ULTIMZ is not liable for any loss or damage resulting from the suspension or termination of your account, access to the Services, or any ongoing transactions. You acknowledge and agree that your sole remedy in the event of account termination is to discontinue any use of the Services.

IV. Sellers and Buyers

4.1. Seller Obligations

As a Seller on the ULTIMZ platform, you are required to comply with the following obligations to ensure a smooth and successful transaction process:

  1. Accurate Item Listings: You must provide accurate, complete, and up-to-date information for each item you list for sale on the platform. This includes, but is not limited to, item descriptions, photographs, condition, pricing, and any other relevant details. Misrepresenting or providing false information about an item is strictly prohibited and may result in the suspension or termination of your account.
  2. Authenticity: You must ensure that all items listed for sale on the platform are authentic, genuine, and conform to the ULTIMZ authentication standards. Selling counterfeit or unauthorized items is strictly prohibited and may result in legal action, as well as the suspension or termination of your account.
  3. Compliance with Laws and Regulations: You are responsible for complying with all applicable local, national, and international laws, regulations, and rules in your jurisdiction, including but not limited to import/export restrictions, tax regulations, and consumer protection laws. It is your responsibility to obtain any necessary permits, licenses, or approvals required for the sale of your items.
  4. Timely Communication: You must respond promptly to any inquiries, offers, or communication from Buyers or ULTIMZ, in order to facilitate a seamless transaction process.
  5. Order Fulfillment and Shipping: Upon receiving a confirmed order, you must promptly prepare the item for shipment and provide the Buyer with a tracking number or other shipping information, as required by the platform. You must also ensure that the item is properly packaged, insured, and shipped in accordance with the platform’s guidelines and any applicable laws and regulations.
  6. Customer Service and Dispute Resolution: You are responsible for providing timely and satisfactory customer service to Buyers, addressing any concerns or issues that may arise during the transaction process. In the event of a dispute, you must work in good faith with the Buyer and ULTIMZ to resolve the issue in accordance with the platform’s dispute resolution policies.

Failure to comply with these Seller obligations may result in the suspension or termination of your account, negative feedback, or other consequences as determined by ULTIMZ in its sole discretion.

4.2. Buyer Obligations

As a Buyer on the ULTIMZ platform, you are required to comply with the following obligations to ensure a smooth and successful transaction process:

  1. Accurate Account Information: You must provide accurate, complete, and up-to-date information in your account, including your full name, shipping address, billing information, and any other relevant details. Failure to maintain accurate account information may result in delays or issues with the transaction process.
  2. Compliance with Laws and Regulations: You are responsible for complying with all applicable local, national, and international laws, regulations, and rules in your jurisdiction, including but not limited to import/export restrictions, tax regulations, and consumer protection laws. It is your responsibility to obtain any necessary permits, licenses, or approvals required for the purchase and import of items from the platform.
  3. Timely Communication: You must respond promptly to any inquiries, offers, or communication from Sellers or ULTIMZ, in order to facilitate a seamless transaction process.
  4. Payment: You are responsible for making timely and accurate payments for any items purchased through the platform, in accordance with the payment terms and conditions specified by ULTIMZ. Failure to make prompt and accurate payments may result in the cancellation of your order, suspension or termination of your account, or other consequences as determined by ULTIMZ in its sole discretion.
  5. Inspection and Acceptance of Items: Upon receipt of an item, you must inspect it to confirm its authenticity, condition, and compliance with the item listing. If you discover any discrepancies, defects, or issues with the item, you must promptly notify the Seller and ULTIMZ in accordance with the platform’s return and dispute resolution policies.
  6. Customer Service and Dispute Resolution: In the event of a dispute, you must work in good faith with the Seller and ULTIMZ to resolve the issue in accordance with the platform’s dispute resolution policies.

Failure to comply with these Buyer obligations may result in the suspension or termination of your account, negative feedback, or other consequences as determined by ULTIMZ in its sole discretion.

4.3. Fees and Commissions

In order to maintain and operate the ULTIMZ platform and provide its Services, ULTIMZ charges certain fees and commissions to its Users, as outlined below:

  1. Seller Fees: As a Seller, you may be required to pay fees associated with listing items for sale, successful transactions, and other Services provided by ULTIMZ. The specific fees and payment terms will be clearly communicated to you before you list an item and may vary depending on the category, value, or other factors associated with the item. By listing an item for sale on the platform, you agree to pay the applicable fees in accordance with the payment terms specified by ULTIMZ.
  2. Buyer Fees: As a Buyer, you may be required to pay fees associated with purchasing items, shipping, taxes, and other Services provided by ULTIMZ. The specific fees and payment terms will be clearly communicated to you during the checkout process and may vary depending on the category, value, or other factors associated with the item. By purchasing an item on the platform, you agree to pay the applicable fees in accordance with the payment terms specified by ULTIMZ.
  3. Commissions: ULTIMZ may charge a commission on each successful transaction conducted through the platform, which will be deducted from the payment received by the Seller. The commission rate and payment terms will be clearly communicated to you during the listing process and may vary depending on the category, value, or other factors associated with the item. By engaging in a transaction on the platform, both Buyers and Sellers agree to the applicable commission charges in accordance with the payment terms specified by ULTIMZ.
  4. Payment Methods: ULTIMZ accepts various payment methods for the payment of fees, commissions, and other charges, as specified on the platform. By using the Services, you agree to provide accurate, current, and complete payment information and to update this information as necessary to ensure timely and accurate payments.
  5. Changes to Fees and Commissions: ULTIMZ reserves the right to modify its fees, commissions, and payment terms at any time, at its sole discretion. Any changes to the fees, commissions, or payment terms will be communicated to Users in advance and will take effect upon the specified date. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the updated fees, commissions, and payment terms.

Failure to pay the applicable fees, commissions, or other charges may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

V. Bids and Asks Process

5.1. Placing Bids and Asks

The ULTIMZ platform allows Buyers and Sellers to engage in transactions through a Bids and Asks process, as described below:

  1. Placing Bids: As a Buyer, you can place a Bid for an item by specifying the price you are willing to pay and the duration for which the Bid will remain active. Your Bid will be visible to Sellers and other Users on the platform. By placing a Bid, you are making a legally binding offer to purchase the item at the specified price, should a Seller choose to accept your Bid.
  2. Placing Asks: As a Seller, you can place an Ask for an item by specifying the price at which you are willing to sell the item and the duration for which the Ask will remain active. Your Ask will be visible to Buyers and other Users on the platform. By placing an Ask, you are making a legally binding offer to sell the item at the specified price, should a Buyer choose to accept your Ask.
  3. Matching Bids and Asks: When a Bid matches an Ask, either by the Buyer accepting the Seller’s Ask or the Seller accepting the Buyer’s Bid, a legally binding agreement is formed between the Buyer and Seller to complete the transaction at the agreed-upon price. Both parties are then obligated to fulfill their respective roles in the transaction, including payment, shipment, and any other responsibilities outlined in these Terms & Conditions.
  4. Expiration and Withdrawal: Bids and Asks may expire after the specified duration or be withdrawn by the User who placed them, provided that they have not been matched or accepted by another User. Once a Bid or Ask has been matched or accepted, it can no longer be withdrawn or modified by the User who placed it.
  5. Restrictions: ULTIMZ reserves the right to impose restrictions on the Bids and Asks process, including but not limited to limits on the number of active Bids and Asks, minimum or maximum price limits, or other criteria as determined by ULTIMZ in its sole discretion. Users must comply with all such restrictions and requirements when placing Bids and Asks on the platform.

By participating in the Bids and Asks process, you agree to comply with these terms and any additional terms or restrictions imposed by ULTIMZ. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

5.2. Order Matching and Execution

Once a Bid and Ask are matched on the ULTIMZ platform, the order process proceeds as follows:

  1. Order Confirmation: When a Bid and Ask match, both the Buyer and Seller will receive an order confirmation from ULTIMZ, outlining the details of the transaction, including the agreed-upon price, item description, and any other relevant information.
  2. Payment Processing: Upon order confirmation, the Buyer’s payment method will be charged for the total transaction amount, including any applicable fees, taxes, and shipping costs. The payment will be held by ULTIMZ until the completion of the transaction and fulfillment of the Seller’s obligations.
  3. Item Shipment: The Seller is responsible for preparing the item for shipment, including proper packaging, insurance, and adherence to any applicable shipping guidelines provided by ULTIMZ. The Seller must also provide the Buyer and ULTIMZ with a tracking number or other shipping information, as required by the platform.
  4. Item Receipt and Inspection: Upon receiving the item, the Buyer must inspect it to ensure that it matches the item description, is authentic, and meets the agreed-upon condition. If the Buyer discovers any discrepancies or issues with the item, they must promptly notify the Seller and ULTIMZ in accordance with the platform’s return and dispute resolution policies.
  5. Release of Payment: If the Buyer confirms that the item is satisfactory and no issues are reported within the specified inspection period, ULTIMZ will release the payment to the Seller, minus any applicable fees and commissions.
  6. Dispute Resolution: In the event of a dispute between the Buyer and Seller, both parties must work in good faith with each other and ULTIMZ to resolve the issue, in accordance with the platform’s dispute resolution policies.

By participating in the order matching and execution process, both Buyers and Sellers agree to comply with these terms and any additional terms or guidelines imposed by ULTIMZ. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

5.3. Cancellations and Modifications

Under certain circumstances, Buyers and Sellers may need to cancel or modify an order on the ULTIMZ platform. The following terms and conditions apply to such cancellations and modifications:

  1. Cancellations before Order Matching: If a Bid or Ask has not yet been matched or accepted, the User who placed it may cancel or modify it without penalty. However, once a Bid or Ask has been matched or accepted, it can no longer be canceled or modified by the User who placed it.
  2. Cancellations after Order Matching: After a Bid and Ask have been matched and an order has been confirmed, cancellations are generally not permitted, except under the following circumstances:
    a. Mutual Agreement: If both the Buyer and Seller agree to cancel the order, they must notify ULTIMZ and follow the platform’s guidelines for order cancellations.
    b. Seller’s Inability to Fulfill Order: If the Seller is unable to fulfill the order for any reason, they must notify the Buyer and ULTIMZ as soon as possible. In such cases, the Buyer may choose to cancel the order and receive a full refund, or agree to a revised timeline for order fulfillment.
    c. Dispute Resolution: In the event of a dispute between the Buyer and Seller, ULTIMZ may, at its sole discretion, decide to cancel the order and issue a refund to the Buyer, if deemed appropriate based on the platform’s dispute resolution policies.
  3. Order Modifications: Modifications to an order, such as changes to the shipping address or payment method, may be made by the Buyer or Seller only if the modification is agreed upon by both parties and communicated to ULTIMZ before the item has been shipped.
  4. Restocking Fees and Penalties: In certain cases, ULTIMZ may charge a restocking fee or other penalties for order cancellations or modifications, depending on the circumstances and the specific policies of the platform. Users will be informed of any such fees or penalties before they are charged.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with these cancellation and modification terms and any additional terms or guidelines imposed by ULTIMZ. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

5.4. Payment Processing

To ensure secure and efficient transactions, ULTIMZ utilizes a robust payment processing system that encompasses the following aspects:

  1. Accepted Payment Methods: ULTIMZ accepts various payment methods for transactions on the platform, including major credit and debit cards, electronic payment services, and other methods as specified on the platform. ULTIMZ reserves the right to add, remove, or modify accepted payment methods at its sole discretion.
  2. Payment Authorization: When a Buyer’s Bid is matched with a Seller’s Ask, the Buyer’s payment method will be authorized for the total transaction amount, including the agreed-upon price, applicable fees, taxes, and shipping costs. The payment authorization confirms that the Buyer has sufficient funds or credit available to complete the transaction.
  3. Payment Capture: Upon order confirmation, the authorized payment will be captured and held by ULTIMZ until the transaction is successfully completed. This includes the Buyer’s receipt and acceptance of the item, and the fulfillment of the Seller’s obligations as outlined in these Terms & Conditions.
  4. Payment Security: ULTIMZ employs advanced security measures to protect Users’ payment information and prevent unauthorized access or fraudulent transactions. This includes encryption, secure socket layer (SSL) technology, and compliance with applicable data security standards.
  5. Currency Conversion: For transactions involving different currencies, ULTIMZ may provide currency conversion services at the prevailing exchange rate, as determined by ULTIMZ or its payment processing partners. Users are responsible for any fees, charges, or exchange rate differences associated with currency conversion.
  6. Release of Payment to Seller: Once the transaction is successfully completed and the Buyer has confirmed receipt and acceptance of the item, ULTIMZ will release the payment to the Seller, minus any applicable fees and commissions. The payment will be transferred to the Seller’s designated account or payment method, as specified on the platform.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with these payment processing terms and any additional terms or guidelines imposed by ULTIMZ or its payment processing partners. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

VI. Authentication and Digital Certificates

6.1. Authentication Process

To maintain the integrity and trustworthiness of the ULTIMZ platform, a rigorous authentication process is implemented to verify the authenticity of items listed for sale. The authentication process includes the following steps:

  1. Seller Verification: ULTIMZ conducts a thorough review of Sellers before they are allowed to list items on the platform. This may include verifying the Seller’s identity, contact information, business registration, and other relevant details. ULTIMZ may also require Sellers to provide additional documentation or evidence to support their claims of item authenticity.
  2. Item Listing Requirements: When listing an item for sale, Sellers must provide accurate and comprehensive information about the item, including a detailed description, photographs, provenance, and any other relevant details that can help establish the item’s authenticity. ULTIMZ reserves the right to request additional information or documentation from Sellers to support the authentication process.
  3. Due Diligence: ULTIMZ performs due diligence on items listed for sale by reviewing the information provided by Sellers, consulting with experts or specialists when necessary, and utilizing advanced technology and tools to assess the authenticity of items. This may include verifying the item’s provenance, inspecting photographs or other media, and comparing the item to known authentic examples.
  4. Digital Certificate of Authenticity: Upon successful completion of the authentication process, ULTIMZ issues a digital certificate of authenticity for the item. This certificate serves as confirmation that the item has been thoroughly examined and deemed authentic by ULTIMZ. The certificate may include relevant details about the item, such as its description, provenance, and other information that supports its authenticity.
  5. Ongoing Monitoring: ULTIMZ continuously monitors items listed for sale on the platform to ensure that they remain in compliance with the platform’s authentication standards. ULTIMZ may, at its sole discretion, remove or delist items that are found to be in violation of these standards, or that raise concerns about their authenticity.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with the authentication process and to provide accurate, complete, and truthful information about the items they list or purchase. Failure to comply with these requirements may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

6.2. Issuance of Digital Certificates

Digital certificates play a crucial role in ensuring the authenticity of items on the ULTIMZ platform. The issuance of digital certificates involves the following steps:

  1. Authentication Approval: Once an item has successfully passed the authentication process outlined in Section 6.1, it becomes eligible for the issuance of a digital certificate of authenticity.
  2. Certificate Creation: ULTIMZ creates a unique digital certificate for each authenticated item. The certificate contains pertinent information about the item, including its description, provenance, condition, and other details that support its authenticity. The digital certificate is securely stored and linked to the specific item on the ULTIMZ platform.
  3. Certificate Transfer: When a Buyer purchases an authenticated item, the digital certificate is transferred to the Buyer’s ULTIMZ account. This transfer signifies the Buyer’s ownership of the authentic item and serves as a record of the transaction.
  4. Verification and Access: Buyers can access and verify their digital certificates through their ULTIMZ accounts. The certificates can be viewed, downloaded, or shared with third parties as proof of authenticity. ULTIMZ maintains a secure record of all digital certificates issued on the platform, ensuring their validity and traceability.
  5. Updating Certificate Information: In the event of any changes to the item’s details, such as modifications or restorations, the Seller or Buyer must notify ULTIMZ to update the digital certificate accordingly. ULTIMZ may require additional documentation or verification to support the updated information.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with the issuance and management of digital certificates and to provide accurate, complete, and truthful information about the items they list or purchase. Failure to comply with these requirements may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

6.3. Limitations and Liability

While ULTIMZ strives to maintain a high level of accuracy and reliability in the authentication process and the issuance of digital certificates, certain limitations and liabilities apply:

  1. Good Faith Efforts: ULTIMZ makes every effort to ensure the authenticity of items listed for sale on the platform, utilizing due diligence, expert consultations, and advanced technology. However, ULTIMZ cannot guarantee the absolute accuracy or infallibility of the authentication process or digital certificates.
  2. Disclaimer of Warranty: The authentication process and digital certificates are provided on an “as is” basis without warranties of any kind, either express or implied. ULTIMZ disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  3. Limitation of Liability: In no event shall ULTIMZ, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any other damages of any kind, resulting from the use of, or inability to use, the authentication process or digital certificates, even if ULTIMZ has been advised of the possibility of such damages.
  4. Indemnification: By participating in the ULTIMZ platform, both Buyers and Sellers agree to indemnify and hold harmless ULTIMZ, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, demands, losses, liabilities, damages, or expenses, including reasonable attorneys’ fees, arising from or relating to the authentication process, digital certificates, or the use of the ULTIMZ platform.
  5. User Responsibility: Users are responsible for conducting their own due diligence and research when listing, buying, or selling items on the ULTIMZ platform. ULTIMZ encourages Users to seek the advice of experts, specialists, or other trusted sources to verify the authenticity and value of items.

By participating in the ULTIMZ platform, both Buyers and Sellers acknowledge and accept the limitations and liabilities associated with the authentication process and the issuance of digital certificates. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

VII. Shipping and Delivery

7.1. Shipping Policies

To ensure a smooth and efficient transaction process, ULTIMZ has established shipping policies for both Buyers and Sellers:

  1. Seller’s Shipping Responsibilities: Sellers are responsible for preparing items for shipment, including proper packaging, obtaining insurance coverage (if applicable), and adhering to any shipping guidelines provided by ULTIMZ. Sellers must ship items within the specified timeframe indicated on the platform, or as agreed upon with the Buyer.
  2. Shipping Costs: Sellers must clearly indicate the shipping costs associated with each item listed for sale. These costs may vary based on factors such as the item’s size, weight, shipping destination, and chosen shipping method. The Buyer is responsible for paying the shipping costs, which will be included in the total transaction amount.
  3. Shipping Method: Sellers must use reputable and reliable shipping carriers to ensure timely and secure delivery of items. ULTIMZ may provide guidelines or recommendations on preferred shipping carriers or methods. The Seller must provide the Buyer and ULTIMZ with a tracking number or other shipping information, as required by the platform.
  4. Customs and Duties: For international shipments, the Buyer is responsible for any customs fees, duties, taxes, or other charges that may apply to the import of the item. It is the Buyer’s responsibility to comply with all applicable laws and regulations regarding the import and export of items.
  5. Delivery Confirmation: Upon receiving the item, the Buyer must promptly inspect it to ensure that it matches the item description, is authentic, and meets the agreed-upon condition. The Buyer must also confirm the successful delivery of the item through the ULTIMZ platform, which will trigger the release of payment to the Seller, as described in Section 5.2.
  6. Shipping Disputes: In the event of a shipping dispute, such as a lost, damaged, or delayed item, the Buyer and Seller must work together in good faith to resolve the issue. This may involve filing a claim with the shipping carrier, providing additional documentation or evidence, or seeking assistance from ULTIMZ in accordance with the platform’s dispute resolution policies.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with these shipping policies and any additional terms or guidelines imposed by ULTIMZ. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

7.2. Delivery Times

ULTIMZ is committed to facilitating a seamless transaction process for both Buyers and Sellers, which includes timely delivery of items. To ensure this, the following guidelines on delivery times apply:

  1. Estimated Delivery Times: Sellers must provide an estimated delivery time for each item listed for sale, taking into account factors such as the item’s location, shipping destination, chosen shipping method, and any potential delays or complications. The estimated delivery time should be clearly communicated to the Buyer during the transaction process.
  2. Timely Dispatch: Sellers are required to dispatch items within the specified timeframe indicated on the platform, or as agreed upon with the Buyer. Failure to dispatch items within the agreed timeframe may result in penalties or consequences as determined by ULTIMZ in its sole discretion.
  3. Shipping Carrier Delays: While ULTIMZ encourages Sellers to use reputable and reliable shipping carriers, some delays may occur due to circumstances beyond the control of the Seller or ULTIMZ, such as adverse weather conditions, carrier disruptions, or customs clearance procedures. In such cases, both the Buyer and Seller must remain patient and cooperative in resolving any issues.
  4. Communication: Both Buyers and Sellers are expected to maintain open and timely communication regarding the shipment status and any potential delays. Sellers must provide the Buyer and ULTIMZ with a tracking number or other shipping information, as required by the platform. Buyers are encouraged to monitor the shipment status and reach out to the Seller or shipping carrier with any concerns.
  5. Extension Requests: If a Seller anticipates a delay in dispatching an item, they must promptly notify the Buyer and request an extension of the shipping timeframe. The Buyer has the option to accept or decline the extension request, depending on their preferences and circumstances.
  6. Remedies for Delayed Delivery: In the event of a significantly delayed delivery or a failure to deliver the item within the agreed timeframe, the Buyer may be entitled to remedies such as a cancellation of the transaction, a refund, or other appropriate measures, as determined by ULTIMZ in its sole discretion.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with these delivery time guidelines and any additional terms or guidelines imposed by ULTIMZ. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

7.3. Customs and Import Duties

As ULTIMZ operates on an international scale, it is important for both Buyers and Sellers to be aware of and comply with all applicable customs laws and regulations when shipping items across borders. The following guidelines apply to customs and import duties:

  1. Buyer’s Responsibility: The Buyer is responsible for any customs fees, duties, taxes, or other charges that may apply to the import of the item into their country. It is the Buyer’s responsibility to familiarize themselves with their country’s import regulations and to ensure compliance with all applicable laws.
  2. Seller’s Responsibility: The Seller is responsible for accurately declaring the contents, value, and other relevant information on the shipping documents, in accordance with the laws and regulations of both the exporting and importing countries. Failure to provide accurate and truthful information may result in delays, penalties, or other consequences as determined by the relevant customs authorities.
  3. Customs Clearance: The Buyer is responsible for handling any customs clearance procedures required for the import of the item. This may include providing documentation, paying import duties and taxes, or obtaining necessary permits or licenses. Buyers are advised to consult their local customs office or a customs broker for guidance on these procedures.
  4. Delays and Additional Costs: Customs clearance procedures may result in delays in the delivery of the item or additional costs for the Buyer. ULTIMZ is not responsible for any delays or additional costs resulting from customs clearance procedures, and such costs are not included in the shipping fees or purchase price of the item.
  5. Customs Disputes: In the event of a dispute or issue with customs, the Buyer and Seller must work together in good faith to resolve the matter. This may involve providing additional documentation or evidence, engaging the services of a customs broker, or seeking assistance from ULTIMZ in accordance with the platform’s dispute resolution policies.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with these customs and import duties guidelines and to adhere to all applicable laws and regulations related to the import and export of items. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

7.4. Damaged or Lost Items

Despite the best efforts of Sellers and shipping carriers, items may occasionally be damaged or lost during transit. To address such situations, the following guidelines apply:

  1. Insurance Coverage: Sellers are strongly encouraged to obtain appropriate insurance coverage for items being shipped, especially for high-value or fragile items. The cost of insurance should be factored into the shipping fees paid by the Buyer.
  2. Reporting Damaged or Lost Items: If a Buyer receives a damaged item or believes their item has been lost in transit, they must promptly notify the Seller and ULTIMZ within the timeframe specified by the platform or as agreed upon between the Buyer and Seller.
  3. Documentation: The Buyer may be required to provide documentation or evidence of the damage or loss, such as photographs, a signed declaration, or other relevant information. This documentation may be necessary for the Seller to file a claim with the shipping carrier or insurance provider.
  4. Shipping Carrier Claims: The Seller is responsible for filing any claims with the shipping carrier for lost or damaged items, in accordance with the carrier’s policies and procedures. The Buyer and Seller must cooperate in good faith throughout the claims process, providing any necessary information or assistance as required.
  5. Refunds or Replacements: Depending on the outcome of the shipping carrier’s investigation and the terms of the insurance policy, the Buyer may be entitled to a refund, a replacement item, or other appropriate remedies as determined by ULTIMZ in its sole discretion. The Seller may be required to provide a refund or replacement at their expense if they failed to obtain adequate insurance coverage or comply with the platform’s shipping policies.
  6. Dispute Resolution: If the Buyer and Seller are unable to resolve a dispute regarding a damaged or lost item through the shipping carrier’s claims process, they may seek assistance from ULTIMZ in accordance with the platform’s dispute resolution policies.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with these guidelines for addressing damaged or lost items and to cooperate in good faith in resolving any related issues. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

VIII. Returns, Refunds, and Disputes

8.1. Return Policy

ULTIMZ understands that there may be instances where a Buyer needs to return an item due to various reasons. In order to protect the interests of both Buyers and Sellers, the following return policy has been established:

  1. Return Eligibility: Returns are generally accepted in cases where the item received is significantly not as described, damaged, or proven to be inauthentic despite the authentication process. Returns for reasons such as buyer’s remorse or changes in personal preferences may be accepted at the Seller’s discretion, but are not guaranteed.
  2. Return Timeframe: Buyers must notify the Seller and ULTIMZ of their intent to return an item within the specified timeframe indicated on the platform or as agreed upon between the Buyer and Seller. Failure to do so may result in the return request being denied.
  3. Return Conditions: Items must be returned in the same condition as they were received, with all original packaging, tags, certificates, and any other accompanying materials. Any alterations or damage to the item may result in the return being denied or a reduction in the refund amount.
  4. Return Shipping: The Buyer is responsible for the cost of return shipping, unless the return is due to the item being significantly not as described, damaged, or inauthentic. In such cases, the Seller may be required to cover the return shipping costs. The Buyer must use a reputable and reliable shipping carrier and provide tracking information to the Seller and ULTIMZ.
  5. Refund Process: Once the Seller has received and inspected the returned item, they must notify ULTIMZ and issue a refund to the Buyer within the timeframe specified by the platform or as agreed upon between the Buyer and Seller. The refund amount will typically include the original purchase price and any applicable taxes, but may exclude shipping fees, depending on the reason for the return.
  6. Dispute Resolution: If the Buyer and Seller are unable to reach an agreement regarding a return, they may seek assistance from ULTIMZ in accordance with the platform’s dispute resolution policies.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with this return policy and to cooperate in good faith in resolving any issues related to returns. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

8.2. Refund Process

In the event that a Buyer is eligible for a refund in accordance with ULTIMZ’s return policy or other platform policies, the following refund process applies:

  1. Buyer Notification: The Buyer must notify the Seller and ULTIMZ of their request for a refund within the specified timeframe indicated on the platform or as agreed upon between the Buyer and Seller. This notification should include the reason for the refund request and any supporting documentation or evidence.
  2. Seller Review: Upon receiving the refund request, the Seller is responsible for reviewing the Buyer’s claim and determining if it meets the criteria for a refund. The Seller must communicate their decision to the Buyer and ULTIMZ within the timeframe specified by the platform or as agreed upon between the Buyer and Seller.
  3. Item Return: If the Seller approves the refund request, the Buyer must return the item in accordance with ULTIMZ’s return policy (Section 8.1). This includes ensuring the item is in its original condition, properly packaged, and shipped with a reputable carrier. The Buyer must also provide tracking information to the Seller and ULTIMZ.
  4. Inspection and Verification: Once the Seller receives the returned item, they must inspect it to ensure it meets the return conditions and verify the legitimacy of the Buyer’s refund claim. The Seller must notify ULTIMZ and the Buyer of their findings within the specified timeframe or as agreed upon between the parties.
  5. Issuing the Refund: If the Seller confirms that the refund claim is valid, they must issue a refund to the Buyer through the payment method used during the initial transaction. The refund amount will typically include the original purchase price and any applicable taxes but may exclude shipping fees, depending on the reason for the return.
  6. Refund Confirmation: The Buyer should confirm receipt of the refund through the ULTIMZ platform, which will then finalize the refund process and close the transaction.
  7. Dispute Resolution: If the Buyer and Seller cannot reach an agreement regarding a refund, either party may seek assistance from ULTIMZ in accordance with the platform’s dispute resolution policies.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to comply with this refund process and to cooperate in good faith in resolving any issues related to refunds. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

8.3. Dispute Resolution

In the event of a dispute between a Buyer and Seller on the ULTIMZ platform, the following dispute resolution process applies:

  1. Initial Resolution Attempts: Before escalating the matter to ULTIMZ, Buyers and Sellers are encouraged to communicate openly and attempt to resolve the dispute amicably between themselves. This may involve discussing the issue, providing additional information, or negotiating a mutually acceptable solution.
  2. Escalation to ULTIMZ: If the parties are unable to reach a resolution on their own, either party may escalate the dispute to ULTIMZ by submitting a dispute resolution request through the platform. This request should include a detailed description of the dispute, any supporting documentation or evidence, and the desired resolution.
  3. ULTIMZ Review: Upon receiving the dispute resolution request, ULTIMZ will review the submitted information and may request additional details, clarification, or evidence from either party to better understand the dispute. Both parties are expected to cooperate fully with ULTIMZ during the review process.
  4. Mediation: ULTIMZ may attempt to mediate the dispute by facilitating communication between the parties, offering suggestions or recommendations, or proposing potential solutions. The goal of mediation is to help the parties reach a mutually acceptable resolution without the need for further escalation.
  5. Binding Resolution: If mediation efforts are unsuccessful, ULTIMZ may, at its sole discretion, make a binding decision to resolve the dispute. This decision will be based on the information and evidence provided by both parties and may include remedies such as refunds, replacements, account suspensions, or other appropriate measures.
  6. Compliance with Resolution: Both parties are required to comply with the resolution determined by ULTIMZ, whether it is a mediated agreement or a binding decision. Failure to comply with the resolution may result in further penalties, including account suspension or termination, legal actions, or other consequences as determined by ULTIMZ.

By participating in the ULTIMZ platform, both Buyers and Sellers agree to engage in good faith efforts to resolve disputes and to comply with the dispute resolution process and any decisions made by ULTIMZ. Failure to comply with these terms may result in the suspension or termination of your account, cancellation of transactions, or other consequences as determined by ULTIMZ in its sole discretion.

IX. Intellectual Property Rights

9.1. ULTIMZ Ownership

ULTIMZ retains ownership and control over all aspects of the platform, including but not limited to:

  1. Intellectual Property: ULTIMZ owns and maintains all rights, title, and interest in and to the platform, including all intellectual property rights such as trademarks, copyrights, patents, trade secrets, and other proprietary rights. This includes the platform’s design, layout, graphics, text, software, and underlying technology.
  2. Content: All content provided by ULTIMZ on the platform, such as text, images, videos, articles, and other materials, is the property of ULTIMZ or its licensors and is protected by copyright, trademark, and other applicable laws. Unauthorized use, copying, distribution, or modification of this content is strictly prohibited.
  3. Data: ULTIMZ owns all data generated, collected, or processed by the platform, including user data, transaction data, and analytics data. ULTIMZ may use this data to improve the platform, provide personalized recommendations, develop new features, and for other purposes in accordance with its privacy policy.
  4. Platform Features and Services: ULTIMZ retains the right to develop, modify, or discontinue any features, services, or functionalities of the platform at its sole discretion, without prior notice or liability to users. This may include the introduction of new features, changes to existing features, or the removal of features no longer supported by the platform.

By using the ULTIMZ platform, users acknowledge and agree that ULTIMZ retains ownership of and control over all aspects of the platform, as outlined above. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the platform in accordance with these Terms & Conditions. Unauthorized use of the platform or its content may result in the suspension or termination of your account, legal actions, or other consequences as determined by ULTIMZ in its sole discretion.

9.2. User Content

Users of the ULTIMZ platform may have the opportunity to create, upload, or share content, including but not limited to product listings, images, descriptions, reviews, messages, and other materials. In relation to user-generated content, the following terms apply:

  1. User Rights: Users retain ownership and copyright of their own content. By uploading or sharing content on the ULTIMZ platform, users grant ULTIMZ a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the content in connection with the platform and its related services.
  2. User Responsibility: Users are solely responsible for the content they create, upload, or share on the ULTIMZ platform. Users must ensure that their content does not infringe on the intellectual property rights of others, is not illegal, and does not violate these Terms & Conditions or any applicable laws.
  3. Prohibited Content: Users are prohibited from uploading, sharing, or promoting content that is obscene, defamatory, harassing, hateful, violent, discriminatory, or otherwise objectionable, as determined by ULTIMZ in its sole discretion. ULTIMZ reserves the right to remove or restrict access to any content that it deems to be in violation of these terms, without prior notice or liability to the user.
  4. Monitoring and Enforcement: ULTIMZ has the right, but not the obligation, to monitor and review user content to ensure compliance with these Terms & Conditions and any applicable laws. ULTIMZ may take appropriate action, including removing or modifying content, issuing warnings, suspending or terminating accounts, or involving law enforcement authorities, in response to violations of these terms or illegal activities.
  5. Feedback: Users may submit feedback, suggestions, or ideas regarding the platform or its services to ULTIMZ. By submitting feedback, users grant ULTIMZ a perpetual, irrevocable, worldwide, royalty-free, and unrestricted license to use, modify, and incorporate the feedback into the platform or its services without compensation or attribution.

By using the ULTIMZ platform, users acknowledge and agree to these terms regarding user content. Failure to comply with these terms may result in the suspension or termination of your account, removal of content, legal actions, or other consequences as determined by ULTIMZ in its sole discretion.

ULTIMZ respects the intellectual property rights of others and is committed to complying with applicable copyright laws. In order to protect the rights of copyright owners, the following terms and procedures apply to allegations of copyright infringement on the ULTIMZ platform:

  1. Reporting Infringements: If you believe that your copyrighted work has been used or shared on the ULTIMZ platform in a way that constitutes copyright infringement, you may submit a notice to ULTIMZ’s designated Copyright Agent. The notice must include:a. A detailed description of the copyrighted work that you claim has been infringed; b. A description of the location on the platform where the allegedly infringing content can be found; c. Your contact information, including your name, address, telephone number, and email address; d. A statement indicating that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; e. A statement, made under penalty of perjury, that the information provided in the notice is accurate and that you are the copyright owner or authorized to act on their behalf; and f. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  2. Response to Notices: Upon receipt of a valid notice of copyright infringement, ULTIMZ will review the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing content, notifying the user responsible for the content, or suspending or terminating the user’s account. ULTIMZ may also forward the notice to the user responsible for the alleged infringement.
  3. Counter-Notices: If a user believes that their content has been removed or disabled as a result of a mistake or misidentification, they may submit a counter-notice to ULTIMZ’s Copyright Agent. The counter-notice must include:a. A description of the content that has been removed or disabled and the location on the platform where it was previously accessible; b. A statement, made under penalty of perjury, that the user has a good faith belief that the content was removed or disabled as a result of a mistake or misidentification; c. The user’s contact information, including their name, address, telephone number, and email address; d. A statement that the user consents to the jurisdiction of the federal court in which their address is located, or if the user’s address is outside the United Kingdom, a statement that they consent to the jurisdiction of the federal court in London, England; and e. The user’s physical or electronic signature.
  4. Restoration of Content: If a counter-notice is received, ULTIMZ may, at its discretion, restore the removed or disabled content within 10 to 14 business days, unless the Copyright Agent receives notice that a legal action has been filed seeking a court order to restrain the user from engaging in the allegedly infringing activity.

By using the ULTIMZ platform, users acknowledge and agree to comply with these terms and procedures related to copyright infringement. Failure to comply with these terms may result in the suspension or termination of your account, removal of content, legal actions, or other consequences as determined by ULTIMZ in its sole discretion.

X. Privacy and Data Protection

10.1. Personal Information Collection

In the course of using the ULTIMZ platform and its services, users may be required to provide personal information to ULTIMZ. The collection and use of personal information is governed by ULTIMZ’s Privacy Policy, which users should review carefully. The following summarizes key aspects of how ULTIMZ collects personal information:

  1. Information Provided by Users: Users may be required to provide personal information when creating an account, listing items for sale, making purchases, or using other features of the platform. This information may include, but is not limited to, name, address, email address, telephone number, payment information, and account details.
  2. Automatic Information Collection: When users access and interact with the ULTIMZ platform, certain information may be automatically collected, such as IP addresses, device information, browser type, operating system, access times, and pages visited. This information is used to improve the platform, analyze usage patterns, and personalize user experiences.
  3. Cookies and Tracking Technologies: ULTIMZ may use cookies, web beacons, and other tracking technologies to collect information about users’ activities on the platform, in order to provide personalized content and recommendations, monitor platform performance, and enhance user experiences.
  4. Third-Party Data Collection: ULTIMZ may receive information about users from third-party sources, such as social media platforms, data providers, or payment processors. This information may be combined with other information collected by ULTIMZ to provide a more comprehensive understanding of user preferences and behaviors.

By using the ULTIMZ platform, users acknowledge and agree to the collection of personal information as described in these Terms & Conditions and in the Privacy Policy. Users have certain rights and choices with respect to the collection, use, and sharing of their personal information, as detailed in the Privacy Policy. Failure to provide necessary personal information may limit a user’s ability to fully participate in the ULTIMZ platform and its services.

10.2. Use of Personal Information

ULTIMZ is committed to protecting the privacy of its users and uses personal information collected through the platform responsibly and in accordance with its Privacy Policy. The following outlines some of the ways in which ULTIMZ may use personal information:

  1. Platform Operation: ULTIMZ may use personal information to operate, maintain, and improve the platform, its features, and its services. This includes processing transactions, verifying user identities, facilitating communication between buyers and sellers, and providing customer support.
  2. Personalization and Recommendations: ULTIMZ may use personal information to provide users with personalized content, recommendations, and advertising based on their preferences, interests, and usage patterns. This may include displaying tailored product listings, promotions, or marketing messages.
  3. Communication: ULTIMZ may use personal information to communicate with users about their accounts, transactions, or other platform-related matters. This may include sending transaction confirmations, order updates, security alerts, policy updates, or other important notices.
  4. Marketing and Promotions: With user consent, ULTIMZ may use personal information to send marketing communications, promotional offers, or newsletters. Users may opt out of receiving these communications at any time by following the unsubscribe instructions provided in the messages.
  5. Research and Analytics: ULTIMZ may use personal information to conduct research and analysis aimed at understanding user behaviors, preferences, and trends, in order to improve the platform, develop new features, and inform business decisions.
  6. Legal Compliance and Protection: ULTIMZ may use personal information as necessary to comply with applicable laws, regulations, and legal processes, as well as to protect the rights, property, or safety of ULTIMZ, its users, or the public.

By using the ULTIMZ platform, users acknowledge and agree to the use of personal information as described in these Terms & Conditions and in the Privacy Policy. Users have certain rights and choices with respect to the use and sharing of their personal information, as detailed in the Privacy Policy.

10.3. Data Security

ULTIMZ takes the security of user data seriously and employs various measures to protect personal information from unauthorized access, use, disclosure, alteration, or destruction. The following outlines some of the data security measures implemented by ULTIMZ:

  1. Encryption: ULTIMZ uses industry-standard encryption technologies, such as Secure Socket Layer (SSL) or Transport Layer Security (TLS), to help protect sensitive personal information transmitted through the platform, including payment and account details.
  2. Access Controls: ULTIMZ implements access controls to ensure that only authorized personnel have access to personal information. Employees with access to personal information are required to follow strict data security policies and procedures.
  3. System Monitoring: ULTIMZ regularly monitors its systems for potential vulnerabilities and security breaches, and updates its security measures as needed to address new threats and risks.
  4. Third-Party Service Providers: ULTIMZ carefully selects and manages its third-party service providers, including payment processors, data storage providers, and other partners, to ensure they maintain appropriate security measures to protect user data.
  5. User Responsibility: Users are responsible for maintaining the security of their account credentials and should choose strong, unique passwords for their ULTIMZ accounts. Users should also be cautious about sharing their personal information with others and should immediately report any suspicious activity on their accounts to ULTIMZ.

While ULTIMZ strives to protect user data, no method of transmission over the internet or electronic storage is completely secure. As a result, ULTIMZ cannot guarantee the absolute security of personal information and disclaims liability for any unauthorized access, use, or disclosure of user data.

By using the ULTIMZ platform, users acknowledge and agree to the data security measures described in these Terms & Conditions and in the Privacy Policy. Users are responsible for maintaining the security of their own account information and should report any security concerns to ULTIMZ promptly.

10.4. Third-Party Services

The ULTIMZ platform may integrate or interact with third-party services, including but not limited to payment processors, social media platforms, data providers, and shipping carriers. The following outlines key aspects of the use of third-party services:

  1. Integration and Interaction: ULTIMZ may integrate with third-party services to provide users with additional features, enhanced functionality, or a more seamless experience. This integration may require users to share their personal information with third-party service providers or grant them access to their ULTIMZ accounts.
  2. Data Sharing: In the course of using third-party services, users may be required to share their personal information with these providers. The collection, use, and sharing of personal information by third-party service providers are governed by their own privacy policies, and users should review these policies carefully before sharing their information.
  3. Responsibility and Liability: ULTIMZ is not responsible for the actions, content, privacy policies, or data security practices of third-party service providers. Users are solely responsible for their interactions with these providers and any consequences resulting from the use of their services.
  4. User Consent: By using the ULTIMZ platform and its services, users consent to the sharing of their personal information with third-party service providers as necessary to facilitate the functionality, features, and services offered by ULTIMZ.

Users should exercise caution when sharing their personal information with third-party service providers and should familiarize themselves with their privacy policies and data security practices. By using the ULTIMZ platform, users acknowledge and agree to the terms related to third-party services as described in these Terms & Conditions and in the Privacy Policy.

XI. Prohibited Activities

11.1. General Prohibitions

As a user of the ULTIMZ platform, you agree to refrain from engaging in any of the following prohibited activities:

  1. Illegal Activities: Users shall not use the ULTIMZ platform to engage in or promote any illegal activities, including but not limited to fraud, money laundering, gambling, or the sale of counterfeit or stolen items.
  2. Infringement of Intellectual Property: Users shall not upload, share, or sell any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, trade secrets, or patents.
  3. Unauthorized Access: Users shall not attempt to gain unauthorized access to the ULTIMZ platform or its systems, including by circumventing security measures, using another user’s account without permission, or hacking into the platform.
  4. Disruption of Platform Functionality: Users shall not engage in any activity that interferes with, disrupts, or negatively impacts the proper functioning of the ULTIMZ platform or its services, including by introducing malicious software, conducting denial-of-service attacks, or spamming.
  5. Misrepresentation: Users shall not impersonate others or misrepresent their identity, qualifications, affiliations, or intentions on the ULTIMZ platform, including by providing false or misleading account information.
  6. Harassment and Abuse: Users shall not engage in any form of harassment, abuse, or intimidation of other users, including by sending threatening, offensive, or unsolicited messages, or by posting defamatory or derogatory content.
  7. Data Mining and Scraping: Users shall not use automated systems, such as bots or scrapers, to collect, store, or process data from the ULTIMZ platform without express written permission from ULTIMZ.
  8. Violation of Privacy: Users shall not invade the privacy of others, including by sharing their personal information without consent, collecting or storing their data without authorization, or conducting surveillance or tracking activities.
  9. Circumvention of Fees: Users shall not engage in any activities intended to avoid, reduce, or circumvent the fees and commissions owed to ULTIMZ, including by arranging transactions outside of the platform or providing false information about the value of items.

By using the ULTIMZ platform, users agree to comply with these general prohibitions and any other restrictions outlined in these Terms & Conditions. Failure to abide by these prohibitions may result in the suspension or termination of your account, removal of content, legal actions, or other consequences as determined by ULTIMZ in its sole discretion.

11.2. Consequences of Violations

Users are expected to comply with the Terms & Conditions outlined by ULTIMZ, including the general prohibitions and any other restrictions. In the event that a user violates any of these terms, ULTIMZ reserves the right to take appropriate action to address the violation, which may include but is not limited to the following:

  1. Account Suspension or Termination: ULTIMZ may suspend or terminate the account of any user found to be in violation of the Terms & Conditions, at its sole discretion. Suspended or terminated users may be prohibited from accessing the platform, creating new accounts, or using ULTIMZ services in the future.
  2. Content Removal: ULTIMZ may remove or disable access to any content that violates the Terms & Conditions, including listings, messages, or other materials that infringe upon intellectual property rights, promote illegal activities, or otherwise breach the terms.
  3. Legal Action: If a user’s violation of the Terms & Conditions constitutes a breach of law or regulation, ULTIMZ may pursue legal action against the user, including reporting the violation to law enforcement authorities, seeking injunctive relief, or pursuing damages for any harm caused by the user’s actions.
  4. Fee Recovery: In cases where a user has engaged in activities to avoid, reduce, or circumvent fees owed to ULTIMZ, ULTIMZ may take steps to recover these fees, including by deducting them from the user’s account balance, charging the user’s payment method, or pursuing legal remedies.
  5. Notification of Violations: ULTIMZ may, at its discretion, notify other users or third parties of any violations committed by a user, including by sharing information about the user’s account, content, or actions with affected parties.
  6. Cooperation with Authorities: ULTIMZ will cooperate with law enforcement authorities and comply with legal processes related to investigations of violations of the Terms & Conditions or applicable laws and regulations.

By using the ULTIMZ platform, users acknowledge and agree to the potential consequences of violating the Terms & Conditions. Users are responsible for their actions on the platform and are expected to comply with all applicable terms, rules, and regulations to maintain a safe and secure marketplace for all users.

XII. Limitation of Liability and Indemnification

12.1. Limitation of Liability

To the maximum extent permitted by applicable law, ULTIMZ and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of the ULTIMZ platform, its services, or these Terms & Conditions.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ULTIMZ has been advised of the possibility of such damages. In no event shall the aggregate liability of ULTIMZ and its affiliates, directors, officers, employees, agents, or licensors exceed the greater of one hundred pounds (£100) or the amount paid by the user to ULTIMZ for the services giving rise to the claim, in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so some of the above limitations may not apply to you. However, in such jurisdictions, ULTIMZ’s liability shall be limited to the greatest extent permitted by law.

By using the ULTIMZ platform, users acknowledge and agree to the limitations of liability set forth in these Terms & Conditions and accept that ULTIMZ shall not be held responsible for any damages beyond the scope of its obligations as outlined herein.

12.2. Indemnification

By using the ULTIMZ platform, you agree to indemnify, defend, and hold harmless ULTIMZ, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with:

  1. Your use of the ULTIMZ platform and its services, including any transactions, interactions, or disputes with other users or third parties;
  2. Your violation of these Terms & Conditions, any applicable laws or regulations, or the rights of any third party;
  3. Any content, information, or materials you upload, submit, or share on the ULTIMZ platform, including any infringement of intellectual property rights or violation of privacy rights;
  4. Any misrepresentation, fraud, or other misconduct committed by you in connection with your use of the ULTIMZ platform;
  5. Your negligence or willful misconduct.

ULTIMZ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ULTIMZ in asserting any available defenses.

This indemnification obligation shall survive the termination or expiration of these Terms & Conditions and your use of the ULTIMZ platform. By using the platform, you acknowledge and agree to this indemnification clause and accept responsibility for any actions or omissions that result in claims or liabilities arising against ULTIMZ.

XIII. Governing Law and Jurisdiction

13.1. Applicable Law

These Terms & Conditions and any disputes or claims arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

By using the ULTIMZ platform, you agree that the laws of the United Kingdom shall apply to any legal matters, disputes, or proceedings arising from your use of the platform, your relationship with ULTIMZ, or your obligations under these Terms & Conditions.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms & Conditions or the breach, termination, or invalidity thereof, you agree to submit to the exclusive jurisdiction of the courts of the United Kingdom. By using the ULTIMZ platform, you expressly consent to the exercise of personal jurisdiction in the courts of the United Kingdom in connection with any such dispute, controversy, or claim.

You also acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that, to the extent permitted by applicable law, any claims or disputes must be filed within one (1) year after the cause of action arose; otherwise, such claims or disputes shall be permanently barred.

13.2. Jurisdiction

The ULTIMZ platform is controlled and operated from the United Kingdom and is intended for use by users who are residents of and located in countries where the services provided by ULTIMZ are legally permissible. ULTIMZ makes no representations or warranties that the platform or its services are appropriate or available for use in all jurisdictions or by all users.

By accessing or using the ULTIMZ platform, you represent and warrant that you are in compliance with all applicable laws and regulations in your jurisdiction, including but not limited to import and export regulations, trade sanctions, and restrictions on access to or use of online marketplaces. You also agree to comply with any additional requirements or restrictions that may apply to your use of the ULTIMZ platform in your jurisdiction.

If you access or use the ULTIMZ platform from a jurisdiction where the platform or its services are prohibited or restricted, you do so at your own risk and are solely responsible for any legal consequences or liabilities arising from your non-compliance with local laws and regulations.

ULTIMZ reserves the right, in its sole discretion, to restrict or terminate your access to the platform or its services, without notice or liability, if your use of the platform violates any applicable laws or regulations, these Terms & Conditions, or if ULTIMZ determines that your use of the platform may expose ULTIMZ or its users to legal or financial risk.

XIV. Dispute Resolution and Arbitration

14.1. Informal Resolution

Before initiating any formal dispute resolution process, ULTIMZ encourages users to attempt to resolve any disputes or issues arising out of or in connection with the use of the platform, its services, or these Terms & Conditions through informal negotiation. Users should contact ULTIMZ’s customer support team with details of the dispute, including relevant information, documentation, and any proposed resolution.

ULTIMZ’s customer support team will review the dispute and attempt to resolve it in a fair and timely manner, taking into account the interests of both parties involved. Users are expected to cooperate with ULTIMZ’s customer support team and provide any additional information or documentation requested to facilitate the resolution of the dispute.

By using the ULTIMZ platform, you agree to engage in good faith efforts to resolve any disputes or issues informally before pursuing any formal dispute resolution process or legal action. You acknowledge and agree that ULTIMZ’s involvement in the informal resolution process is purely voluntary and that ULTIMZ does not assume any legal obligation or liability in connection with the resolution of disputes between users or between users and third parties.

14.2. Binding Arbitration

If an informal resolution cannot be reached through the process outlined in Section 14.1, you agree that any unresolved disputes or claims arising out of or in connection with these Terms & Conditions, your use of the ULTIMZ platform, or its services, shall be finally resolved through binding arbitration, instead of in court, subject to the following terms:

  1. Arbitration Rules: The arbitration shall be conducted under the rules of a recognized arbitration institution, such as the London Court of International Arbitration (LCIA) or an equivalent institution, as agreed upon by both parties.
  2. Arbitration Process: The arbitration shall be conducted by a single arbitrator, mutually agreed upon by both parties. If the parties are unable to agree on an arbitrator within thirty (30) days, an arbitrator shall be appointed by the arbitration institution. The language of the arbitration shall be English, and the place of arbitration shall be in the United Kingdom, unless otherwise agreed upon by both parties.
  3. Arbitration Award: The arbitrator’s decision shall be final and binding on both parties, and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to grant any relief that would be available in court, including monetary damages, injunctive relief, and specific performance, subject to the limitations of liability set forth in these Terms & Conditions.
  4. Confidentiality: Both parties agree to keep the arbitration proceedings and any awards confidential, except to the extent necessary to enforce an arbitration award, protect a party’s rights, or comply with legal or regulatory requirements.
  5. Costs of Arbitration: Each party shall bear its own costs and expenses, including attorney’s fees, related to the arbitration proceedings. The arbitrator shall have the authority to allocate the costs and fees of the arbitration, including the arbitrator’s fees, between the parties in the final award.

By using the ULTIMZ platform, you acknowledge and agree to submit to binding arbitration as the exclusive means of resolving any disputes or claims that cannot be resolved informally, and you waive any right to participate in a class action or consolidated arbitration proceedings.

14.3. Arbitration Procedures

In addition to the terms outlined in Section 14.2, the following procedures shall apply to the arbitration process:

  1. Notice of Arbitration: A party seeking to initiate arbitration must provide written notice to the other party, detailing the nature of the dispute, the relief sought, and a proposed arbitrator, if any. The notice should be sent to the address specified in these Terms & Conditions or as otherwise agreed upon by the parties.
  2. Response to Notice of Arbitration: The party receiving the notice of arbitration must respond in writing within thirty (30) days, either accepting or rejecting the proposed arbitrator, suggesting an alternative arbitrator, and providing any additional information or documentation relevant to the dispute.
  3. Pre-Arbitration Discovery: The arbitrator may, at their discretion, allow a limited period of time for the parties to exchange relevant documents and information before the arbitration hearing. The arbitrator may also establish procedures for the taking of evidence, including witness statements and expert reports, as deemed necessary to ensure a fair and efficient resolution of the dispute.
  4. Arbitration Hearing: The arbitrator shall schedule a hearing, which may be conducted in-person, by videoconference, or by telephone, as agreed upon by the parties or determined by the arbitrator. The parties shall be given reasonable notice of the hearing date and shall have the opportunity to present their evidence and arguments at the hearing.
  5. Post-Hearing Submissions: The arbitrator may, at their discretion, allow the parties to submit additional written submissions or evidence after the hearing, within a specified timeframe.
  6. Arbitration Award: The arbitrator shall issue a written award, including a reasoned explanation for the decision, within a reasonable time after the conclusion of the hearing or the submission of any post-hearing materials, whichever is later. The parties shall be provided with a copy of the award, which shall be final and binding, subject to any rights of appeal or challenge under applicable law.

By using the ULTIMZ platform, you agree to abide by these arbitration procedures and to cooperate fully in the arbitration process, including providing any necessary information, documentation, or evidence, and attending any hearings or meetings as required. You acknowledge that failure to comply with these procedures may result in the arbitrator drawing adverse inferences or taking other appropriate action against you.

XV. Miscellaneous

15.1. Severability

If any provision or part of these Terms & Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction or any competent authority, such provision or part shall be deemed severed from these Terms & Conditions, and the remaining provisions and parts shall remain in full force and effect. The severed provision or part shall be replaced with a legally valid and enforceable provision that, as closely as possible, reflects the original intent and purpose of the severed provision or part.

By using the ULTIMZ platform, you agree that the severability of any provision or part of these Terms & Conditions shall not affect the validity and enforceability of the remaining provisions and parts, and that any invalid, illegal, or unenforceable provisions or parts shall be reformed or replaced to the extent necessary to ensure the enforceability and effectiveness of these Terms & Conditions as a whole.

Furthermore, you acknowledge and agree that the provisions of these Terms & Conditions are intended to be severable, and that the invalidity, illegality, or unenforceability of any particular provision or part shall not affect the validity, legality, or enforceability of any other provision or part, which shall remain in full force and effect.

15.2. Waiver

No failure or delay by ULTIMZ in exercising any right, power, or remedy under these Terms & Conditions shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of that right, power, or remedy, or the exercise of any other right, power, or remedy.

Any waiver of any breach or default of these Terms & Conditions must be in writing and signed by ULTIMZ, and any such waiver shall not constitute a waiver of any subsequent breach or default, or a waiver of the provision itself. The failure of ULTIMZ to enforce any provision of these Terms & Conditions at any time, or to require performance by you of any provision of these Terms & Conditions, shall not affect the right of ULTIMZ to enforce that provision in the future.

By using the ULTIMZ platform, you acknowledge and agree that the rights, powers, and remedies of ULTIMZ under these Terms & Conditions are cumulative and not exclusive, and that the exercise of any right, power, or remedy by ULTIMZ shall not preclude the exercise of any other right, power, or remedy available to ULTIMZ under these Terms & Conditions, at law, or in equity.

15.3. Entire Agreement

These Terms & Conditions, together with any other terms, policies, or agreements explicitly referenced herein or agreed upon by the parties in writing, constitute the entire agreement between you and ULTIMZ with respect to your access to and use of the ULTIMZ platform and its services, and supersede all prior or contemporaneous understandings, communications, negotiations, or agreements, whether written or oral, between you and ULTIMZ relating to the subject matter hereof.

By using the ULTIMZ platform, you acknowledge and agree that you have read, understood, and accepted these Terms & Conditions in their entirety, and that no representations, warranties, or promises not expressly contained or referenced in these Terms & Conditions shall be binding upon you or ULTIMZ.

Furthermore, you acknowledge and agree that any additional or different terms or conditions proposed by you, whether in any communication, order, or other document, are expressly rejected and shall have no effect on the terms of these Terms & Conditions, unless expressly agreed upon in writing by both you and ULTIMZ. Any modifications or amendments to these Terms & Conditions must be in writing and signed by both parties, or otherwise made in accordance with the amendment procedures set forth herein.

15.4. Assignment

You may not assign, transfer, or delegate any of your rights, obligations, or responsibilities under these Terms & Conditions without the prior written consent of ULTIMZ. Any attempt by you to assign, transfer, or delegate any of your rights, obligations, or responsibilities without such consent shall be null and void.

ULTIMZ may, at its sole discretion, assign, transfer, or delegate any of its rights, obligations, or responsibilities under these Terms & Conditions to any third party, affiliate, or successor, in whole or in part, by operation of law or otherwise, without your consent, provided that such assignment, transfer, or delegation does not materially adversely affect your rights or obligations under these Terms & Conditions.

By using the ULTIMZ platform, you acknowledge and agree that you shall not assign, transfer, or delegate any of your rights, obligations, or responsibilities under these Terms & Conditions without the prior written consent of ULTIMZ, and that any unauthorized assignment, transfer, or delegation shall be null and void. You further acknowledge and agree that ULTIMZ may assign, transfer, or delegate any of its rights, obligations, or responsibilities under these Terms & Conditions without your consent, subject to the limitations set forth herein.

15.5. Modifications to Terms & Conditions

ULTIMZ reserves the right, in its sole discretion, to modify, update, or amend these Terms & Conditions at any time and without prior notice to you. Any such modifications, updates, or amendments will be effective immediately upon posting the revised Terms & Conditions on the ULTIMZ platform, and your continued use of the platform and its services following the posting of the revised Terms & Conditions shall constitute your acceptance of the changes.

It is your responsibility to regularly review these Terms & Conditions to stay informed of any updates or changes. If you do not agree to the modified Terms & Conditions, you must immediately stop using the ULTIMZ platform and its services. If material changes are made to these Terms & Conditions, ULTIMZ may, at its discretion, provide notice to you, such as by email or through an announcement on the platform. However, the responsibility of reviewing any changes remains yours.

By using the ULTIMZ platform, you acknowledge and agree that it is your responsibility to review these Terms & Conditions periodically and to be aware of any modifications, updates, or amendments, and that your continued use of the ULTIMZ platform and its services following any changes to these Terms & Conditions constitutes your acceptance of the revised terms.

15.6. Contact Information

If you have any questions, concerns, or comments about these Terms & Conditions or any other aspect of the ULTIMZ platform and its services, you may contact ULTIMZ using the contact information provided below:

Email: support@ultimz.com

Mailing Address:

ULTIMZ UK LTD
10 Marylebone Lane
London
United Kingdom

By using the ULTIMZ platform, you acknowledge and agree that any inquiries or concerns relating to these Terms & Conditions or the ULTIMZ platform and its services should be directed to ULTIMZ using the contact information provided above. ULTIMZ will make reasonable efforts to respond to your inquiries in a timely manner, but does not guarantee a response to every inquiry. Please ensure that your contact information is accurate and up to date so that ULTIMZ may effectively communicate with you.