Welcome to the Client Agreement for 1 Pound Advertising (A service of 1 Advert UK Ltd.) ("Client Agreement"). The services available at http://www.1PoundAdvert.co.uk is provided by 1 Advert UK Ltd. (1 Advert UK Ltd.", "we", "us" or "our"), located at THE SQUARE, Derrydown Road, Great Barr, Birmingham UK.
This Client Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.1PoundAdvert.co.uk (the "Site"). If you do not agree to be bound by this Client Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Client Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a Client of the Site.
By agreeing to this Client Agreement, you also agree that your use of other 1 Pound Advertising (A service of 1 Advert UK Ltd) web sites will be governed by the Client agreement posted on those other web sites.
If you have any questions about this Client Agreement, please email info@1poundadvert.co.uk
We may amend this Client Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended Client Agreement on the Site. Any amended Client Agreement will govern new Client registrations from the date that it is posted on the Site. Existing Clients will be bound by the amended Client Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this Client Agreement will be effective. Please note that different notice provisions apply to our Fees Policy as set out in section 6 below.
This Client Agreement is effective on 24th July 2006 for new registering Clients.
This Client Agreement is effective on 24th July 2006 for new registering Clients.
1. Membership Eligibility.
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended 1 Pound Advertising members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this Client Agreement.
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2. Client ID.
You must choose a Client ID and password on completion of registration. You are responsible for all actions taken under that Client ID and password and shall only use or utilise the Site using your own Client ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your Client ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your Client ID or password.
3. 1 Pound Advertising (a Service of 1 Advert UK Ltd), is only a place where your adverts are sold display space for a specific length of time. In addition, 1 Pound Advertising, offers additional services to complement our main service.
3.1 1 Pound Advertising (A service of 1 Advert UK Ltd) is a company which offers a service for individuals or companies/organisations who which to buy advert space and display, said adverts on our website. The Site acts primarily as a venue which allows registered Clients to Advertise, (for product/service exposure), or to interact with advertisements displayed on the site, anything which is legal and not excluded from our restricted/permitted items/products or services (see section 3.2), can be advertised at any time, from anywhere, in a variety of price formats. We do not review updated information/adverts provided by Clients, but we never possess the items offered through the Site and we are not involved in transactions between advertisers, other than to provide advertising space. As a result, we have no control over the truth or accuracy of the Adverts, the ability of Advertisers to sell the Advertised products/services or the ability of buyers to pay for Advertised products/services. Do not assume that the offer, sale, purchase, export or import of any Advertised products/services is valid and legal simply because it is Advertised products/services on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
3.2 Restricted Items. You must not Advertise, products/services which we do not permit on the Site, as described in the list bellow (see section 3.2.1) . We take every care via our validation procedure to ensure that the adverts conform to our acceptable use policy. However, we can not accept any further obligation to protect you from unsafe Advertised products/services advertised on our Site. Please do not assume that Advertised products/services displayed will be harmless to people or property.
3.2.1 Restricted Questionable and Potential Infringement Advert types.
Restricted:
Adults Only, All forms of sexually explicit material/products/services, etc, Aeroplane Tickets, Alcohol, Animals and Wildlife Products, Catalogue and URL Sales, Counterfeit Currency and Stamps, Counterfeit and Trademarked Items, Drugs and Drug paraphernalia, Embargoed Items & Prohibited Countries, Encouraging Illegal Activity, Firearms and Ammunition, Fireworks, Franking Machines, Football Tickets, Government IDs, Licences and Uniforms Human Parts and Remains, Lock-picking Devices, Lottery Tickets, Mailing Lists and Personal Information, Multi-level Marketing, Pyramid, Matrix and Trading Schemes, Offensive Material, Prescription Drugs and Materials, Recalled Items, "Satellite, Digital and Cable TV Decoders", Shares and Securities, Stolen Items, Surveillance Equipment, Tobacco and Tobacco Products, Train Tickets, Travel Vouchers, Unlocking Software.
Questionable:
Artifacts, Autographed Items, Batteries, British Titles, CFC and HCFC Refrigerants, Contracts and Tickets, "Hazardous, Restricted and Perishable Items", Pesticides, Plants and Seeds, Police-Related Items, Pre-sales Listings, Slot Machines, Used Medical Devices, Weapons & Individual Knives.
Potential Infringement
Academic Software, Anti-circumvention Policy, Authenticity Disclaimers, Bèta Software, Bootleg Recordings, Brand NameMisuse, Comparison Policy, Compilation and Informational Media Policy, Copyright Basics, Downloadable Media, Encouraging Infringement Policy, "Faces, Names and Signatures", Games Software, "Image or Description Theft", Importation of Goods, Keyword Spamming, Misleading Titles, Mod Chips, Movie Prints, OEM Software, Recordable Media, "Replica and Counterfeit Items", Promotional Items, "Trademark and Domain Name Basics", Unauthorized Copies.
3.3 Identity verification. Because Client verification on the Internet is difficult, 1 Pound Advertising (A service of 1 Advert UK Ltd) cannot and does not confirm the purported identity of Clients or the validity of the information which Clients Advertise on the Site. We encourage you to communicate with potential trading partners using the tools available provided in the Clientsadvert displayed on the Site. You may also wish to consider using a third party escrow service that provides additional Client verification.
3.4 Liability. In the event that you have any right, claim or action against any other Client arising from that Client's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release 1 Pound Advertising (A service of 1 Advert UK Ltd) (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
3.5 Information Control. We do not control the information provided by other Clients which is made available through the Site. You may find other Client's information to be offensive, harmful, inaccurate, or deceptive. (Please use caution, common sense, and practice safe Advertising when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences.). By using this Site, you agree to accept such risks and agree that 1 Pound Advertising (A service of 1 Advert UK Ltd) is not responsible for the acts or omissions of Clients on the Site.
4. Buying from an Advertisement displayed on our site.
As a buyer, you have a legal obligation to complete a transaction with a seller:
• if you purchase an item through one of our displayed adverts.
5. Listing.
5.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in an Advert on the Site. And that it is lawful to sell such item to UK residents or (if the buyer is resident overseas), that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on your Site. Your Advert may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be Advertised in the appropriate category.
5.2 Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
6. Your Information.
6.1 Definition "Your Information" is defined as any information you provide to us or other Clients in relation to the 1 Pound Advertising (A service of 1 Advert UK Ltd) service including the registration, Advertising process, your postings within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
6.2 Restrictions Your Information and your activities on our Site must not:
be false, inaccurate or misleading;
be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
be fraudulent or involve the sale of counterfeit or stolen items;
be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
be obscene, indecent or contain child pornography;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Client Agreement; (bb) are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a website other than 1 Pound Advertising (A service of 1 Advert UK Ltd)'s (this does not prevent linking to or advertising an 1 Pound Advertising (A service of 1 Advert UK Ltd) item from another website); or (dd) you do not have a right to link to or include;
contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
6.3 Licence To enable 1 Pound Advertising (A service of 1 Advert UK Ltd) to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
6.4 Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to 1 Pound Advertising (A service of 1 Advert UK Ltd) by our Clients or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of 1 Pound Advertising (A service of 1 Advert UK Ltd) and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
6.5 Your Use of Other Clients' Information. In order to facilitate interaction among all 1 Pound Advertising (A service of 1 Advert UK Ltd) community members, our service allows you limited access to other Clients' contact information. As an Adertiser you have access to the Client ID, email address and other contact information of other Advertisers.
By accepting this Client Agreement, you agree that, with respect to other Clients' personally identifiable information that you obtain through the Site or through an 1 Pound Advertising (A service of 1 Advert UK Ltd)-related communication or 1 Pound Advertising (A service of 1 Advert UK Ltd)-facilitated transaction, you may only use such information for:
(a) 1 Pound Advertising (A service of 1 Advert UK Ltd)-related communications that are not unsolicited commercial messages and relate to your genuine participation in an 1 Pound Advertising (A service of 1 Advert UK Ltd)-facilitated transaction,
(b) using services offered through 1 Pound Advertising (A service of 1 Advert UK Ltd) (e.g. escrow, insurance, postal and fraud complaints), and
(c) any other purpose that such Client expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give Clients an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another Client to any third party without our consent and the consent of such other Client after adequate disclosure. Note that law enforcement personnel, and other rights holders are given different rights with respect to information they access.
1 Pound Advertising (A service of 1 Advert UK Ltd) and our Clients do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an 1 Pound Advertising (A service of 1 Advert UK Ltd) employee or an 1 Pound Advertising (A service of 1 Advert UK Ltd) Client, even a Client who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
7. Breach of Terms.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your Client registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this Client Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
8. Transfer of Data
We view protection of Clients' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the UK. The laws on holding personal data in the UK are strict laws and 1 Pound Advertising (A service of 1 Advert UK Ltd) will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.
9. No Warranty.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
10. Limitation of Liability.
Nothing in this Client Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Client Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £52.
11. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Client Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
12. Notices.
Unless otherwise explicitly stated, notices to 1 Pound Advertising (A service of 1 Advert UK Ltd) must be sent by registered mail to 1 Pound Advertising (A service of 1 Advert UK Ltd), attention 1 Pound Advertising (A service of 1 Advert UK Ltd), The Square, 146 Derrydown Road, Birmingham, UK. Notices to you will be sent to the email address that you provide to 1 Pound Advertising (A service of 1 Advert UK Ltd) during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail to the address provided at registration.
13. Governing Law and Legal Compliance.
This Client Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
Please note, that your country (and/or that of any Client you deal with) may have laws which apply to your transactions with other Clients regardless of what you agree with us (now) or with that Client (later).
The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each Client transaction. Please do not assume that you are allowed to do what other Clients do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
14. Dispute Resolution.
Disputes between you and 1 Pound Advertising (A service of 1 Advert UK Ltd) regarding our services may be reported to 1 Pound Advertising (A service of 1 Advert UK Ltd) Customer Support. We encourage you to report all disputes between Clients to your local law enforcement body.
15. Third Party Rights.
A person who is not a party to this Client Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Client Agreement but this does not affect any right or remedy of a third party specified in this Client Agreement or which exists or is available apart from that Act.
16. General.
If any provision of this Client Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this Client Agreement and all incorporated agreements may be automatically assigned by 1 Pound Advertising (A service of 1 Advert UK Ltd), in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and 1 Pound Advertising (A service of 1 Advert UK Ltd) are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Client Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Client Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this Client Agreement.
This Agreement will prevail over any conditions imposed by an Advertiser and our Privacy Policy, is incorporated in this Client Agreement by reference. You will be provided with thirty days notice with regards to any changes made to our Privacy Policy.
Sections, 6 (Your Information), 10 (Limitation of Liability), 11 (Indemnity), 13 (Governing Law), 14 (Dispute Resolution) and 15 (Third Party Rights) shall survive any termination of this Client Agreement.