Terms And Conditions
Introduction:
These terms and conditions relate to the internet based advertising and communication services operating through the internet domain www.mobadoo.com, provided to internet users through a computer system hereinafter referred to as "the mobadoo system" by Ads Free Global Ltd, a company duly registered in England and Wales and carrying on business at Suite 3, Unit 1, HQ3, 223 Hook Rise South, Surbiton, Surrey, KT6 7LD United Kingdom.
For the purposes of this agreement, "the Customer" is defined as an end user who utilizes services provided through www.mobadoo.com by Ads Free Global Ltd. All prices for services provided by Ads Free Global Ltd to the Customer are in Pounds Sterling. Ads Free Global Ltd is hereinafter referred to as "the Company".
Acceptance of these terms and conditions represents an agreement between you, the Customer, and the Company. By submitting an advertisement to the mobadoo web site, you are deemed to have accepted the terms and conditions of this agreement. All references to "the advertiser" refer to Customers placing or applying to place one or more advertisements for products or services or communications on the mobadoo.com web site. All references to "the web site" refer to the mobadoo.com internet site. All references to "us" refer to the Company. All references to "the enquirer" refer to users of the web site responding to advertisements placed on the web site by other users.
Age:
In accepting this agreement you are declaring yourself to be 18 years of age or older. Persons under the age of 18 are not permitted to use any of the services provided through the web site by the Company.
Taxes:
The Customer shall be responsible for paying all taxes of any nature which become due with regard to the Company's services, except for taxes on the company's income, irrespective of which party may be responsible for reporting or collecting such taxes.
Acceptance of Advertisements:
All advertisements are subject to acceptance by the Company. An advertisement will be deemed accepted by the Company when the advertisement appears on the company's web site and is made available by the Company for other Customers and or general internet users to browse. The company may refuse to accept any advertisement, or delay acceptance pending fulfilment of conditions the company may choose to impose. The company reserves the right to remove any advertisement which has been deemed as accepted, without giving the Customer prior notice or reason. The Customer must certify to be an authorized person when acting on behalf of a company and all Customers must certify to being of legal age to enter into the agreement.
Leads:
A lead is defined as an enquirer's details forwarded by the mobadoo system to an advertiser in response to an advertiser's advertisement. The mobadoo system provides advertisers with a facility to set an upper limit on the number of leads they wish to receive for each advertisement they place. The range of this upper limit can be set by the advertiser from 1 lead to unlimited leads, according to the available increments provided by the mobadoo system.
Duration of an Advertisement:
An advertisement is displayed on the web site until it is cancelled by the Customer, or until it generates the maximum number of required enquiries specified by the Customer, or until it ceases to generate one or more chargeable enquiries within a 30 day period. The Company reserves the right to terminate any advertisement or any Customer account at any time, without providing the Customer with notice or explanation. The Company accepts no liability whatsoever for any losses incurred by the Company in the event that one or more advertisements placed by the Customer are terminated by the Company.
Multiple Advertisements:
The advertiser is permitted to advertise the same product or service under multiple categories, providing that the product or service is relevant to each selected category. Multiple advertisements are treated by the mobadoo system as separate advertisements. The advertiser is only charged each time a lead is generated by each advertisement.
Canceling Or Modifying An Advertisement:
The advertiser is entitled to cancel or modify their advertisements at any time. To cancel or modify an advertisement, the advertiser is required to login to the web site then navigate to their profile and cancel or modify the particular advertisement.
Prepay & Prepay Top Up Payments:
Prepay payments for services provided by the Company shall be made in Pounds Sterling to the Company into the account designated by the Company, or as may otherwise be agreed in writing between the Customer and the Company.
If a Customer's credit card is declined, the Customer will be deemed to be in default and will be liable for a "credit card decline charge" of £25. If a Customer's cheque is returned by the bank as not redeemable the Customer will be deemed to be in default and will be liable for a "return cheque" charge of £30.
All advertisements, files, profiles, information and mail under the Customer's account will be preserved for 30 days from the date that the Customer's prepay account balance drops to less than £1. If a top up payment is not received after 30 days, all advertisements, files, information and mail under the account may be deleted by the Company.
Prepay Refunds:
Prepay customers are entitled to a refund of their prepay account balance, in the event that they no longer wish to advertise with mobadoo.com.
Deletion of Data:
The Customer agrees that the Company has the right to delete all advertisements, profiles, files or other information that is stored in the Customer's account if the Customer's account with the Company is terminated for any reason by either the Company or the Customer.
False Enquiries:
The mobadoo system user registration process requires both advertisers and enquirers to open an account with the Company before they can place advertisements or respond to advertisements. All account holders are required to register their personal details on the mobadoo system, including mobile phone number. To activate their account, all users must receive a text message on their mobile phone and respond to that text message. Once a mobile phone number is registered on the mobadoo system, it cannot be used to create any further accounts. Enquirers can only create one account against one mobile phone number. Any enquirer reported to the Company for making false enquiries will be investigated by the Company. In the event that it is confirmed that the enquirer has made one or more deliberate false enquiries, their mobile phone number will be immediately blacklisted on the mobadoo system, preventing them from making any further enquiries and preventing them from opening a new account under a different name, without changing their mobile phone number.
Crime Prevention:
The Company has close links with crime prevention and detection organizations, and will immediately report any activity by the Customer which it considers to be illegal or suspicious
Ownership of Goods and Property:
In placing an advertisement to rent or sell or swap goods or property on the web site you are stating to the Company and to internet users that you are the legal owner of the goods or property detailed in your advertisement, or that you have been legally appointed by the owner as the owner's legal agent or representative for those specific goods or property. Furthermore, in placing an advertisement to rent or sell or swap goods or property on the web site, you are stating to the Company and to internet users that the description of the goods or property detailed in your advertisement is true and accurate to the best of your knowledge, and does not represent any form of misrepresentation. Furthermore, you are stating to the Company and to internet users that you have obtained permission from the owner of any copyright materials used in your advertisement.
The Company does not accept any responsibility for the accuracy of any information or claims displayed in any advertisement placed by Customers, and the Company does not accept any responsibility for any unauthorized use of copyright materials by Customers, and cannot be held liable.
Property Sales & Rental Advertisements:
If you have a contract or an agreement with an Estate Agent, then in agreeing to these terms and conditions you are confirming that you have independently checked your contract with regards to commission payments due to your Estate Agent. If you do not pay agreed commissions to your Estate Agent and it is later found that you are legally bound to pay Estate Agents' commission, you hereby accept that the Company cannot be held liable. In placing advertisements for property sales or rentals you agree to set your own selling price or rental price, and to arrange and conduct viewings for the advertised property.
Advertising Continuity:
The Company will, to the best of our efforts, always try to ensure that the mobadoo.com web site is available at all times, however, we reserve the right to take the site 'off-line' without prior notice or explanation for essential maintenance and upgrades.
Processing your Advertisements:
Only one product may be featured in each advertisement. The advertisement copy you supply must be legal, decent, honest and truthful and must comply with the British code of Advertising. The Company may amend your advertisement/s to ensure compliance with these requirements. The Company is not able to verify the truthfulness of any statements (including the authenticity of photographs) made by the advertiser in the advertisement copy. Accordingly, the advertiser shall be responsible for any losses, expenses or other costs incurred by the Company caused by an untrue statement or inaccurate photograph supplied by the advertiser. In order to meet the technical and production requirements of the web site, the Company reserves the right to edit, amend or alter the copy or photograph supplied by the advertiser. Where possible, the Company will contact the advertiser to inform them of any required changes prior to publication. In the event that the Company is unable to accept an advertisement for any reason, we will attempt to inform the advertiser of this if at all possible. In the event that we reject an advertisement, no charge will be incurred by the advertiser. No contract will be deemed to exist between the advertiser and the Company until the advertisement has been accepted for publication on the web site. The copyright in all advertisements (including text and photographs) shall be owned by the Company and you hereby assign all such copyright to us.
Liability:
The Company will carry out routine maintenance and service of its servers and equipment from time to time. Whilst the Company seeks to keep disruption to a minimum, we do not guarantee that any advertisement will be continuously available online for the duration of the advertisement. The Company cannot be held responsible for any loss of income or for any hardship experienced through the use of this service.
The Company will utilize its best efforts to maintain acceptable performance of services contracted for, but the Company makes absolutely no warranties whatsoever, expressed or implied, including warranty of merchantability or fitness for a particular purpose. The Company cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted or received on its system. The Company shall not be liable to the Customer or to any of its customers for any claims or damages which may be suffered by the Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access services, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of the Company. The Company does not warrant that the mobadoo system is fit for the purpose required by the Customer.
The Company may impose reasonable rules and regulations regarding the use of its services from time to time. The company does not accept any responsibility whatsoever for any content or information placed on the web site by users or customers.
The Company shall in no circumstances be liable to the customer for damages and losses howsoever arising including any indirect or consequential loss howsoever arising and whether arising through use of the mobadoo system, including viruses and worms or otherwise in so far as is permitted by law including any indirect or consequential loss suffered by the customer as part of its normal course of business.
The Company's liability to the Customer and to any end user of any service provided by the Company is limited to the amount paid to and received by the Company for services not accepted. In no event shall the Company be liable to the Customer, or to any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if the Company has been advised of the possibility of such damage.
Not withstanding the provisions of this clause, should any liability be found against the Company the amount of any claim or damages for such liability shall be limited to £100.00 (one hundred pounds sterling).
The Customer will take all necessary measures to preclude the Company from being made a party to any lawsuit or claim regarding the Company's services provided to any Customer or end user. The Customer hereby agrees to indemnify and hold harmless the Company from any and all claims of whatever nature brought by any of Customer's customers against the Company in excess of the remedy set forth above.
Property Rights:
The Company owns all rights, titles and interests in the Company's trade secrets and know-how relating to the design, function, or operation of services and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist.
Privacy Policy & Data Protection:
The 1998 Data Protection Act together with our privacy policy safeguards all details supplied to Ads Free Global Limited in connection with your online advertising through this service.
External Links:
This site contains links to other sites. The Company is not responsible for the content or privacy practices of such Websites.
Disputes:
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of co-operation without formal proceedings. Any dispute which cannot be resolved shall be subject to arbitration upon written demand of either party. Arbitration shall take place in London, United Kingdom or at another location if the parties so agree.
The arbitration shall take place before an arbitration panel chosen as follows:-
The parties shall each choose an arbitrator and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote.
Unless the arbitrators decide otherwise each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceedings. Each party shall have the right to have the proceedings transcribed.
The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in this agreement.
The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion.
Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at.
Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.
Non-assignability:
The Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of the Company, which consent shall not be unreasonably refused.
Partial Invalidity:
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
Applicable Law, Jurisdictional Matters:
This agreement takes effect when accepted by the Company. It is to be governed by and construed under the laws of England & Wales. The courts of England & Wales shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement.
The Customer hereby expressly consents to:
(i) the jurisdiction of the courts of England & Wales; and
(ii) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by the Company.
To the extent permissible by the law of the Customer's jurisdiction, the Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.
Notices:
Except with respect to service of process as set forth above, all notices may be sent by email, fax or express mail to the email address, fax number or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
Entire Agreement: Modifications:
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. The Company may make changes to this agreement upon thirty (30) days' written notice to the Customer, advising of the change and the effective date thereof. Utilisation of the Company's services by the Customer and/or its Customers following the effective date of such change shall constitute acceptance by the Customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.
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