ClassiAds Limited trading as Classiads.co.uk whose registered address is 86-90 Paul Street, London, EC2A 4NE (hereinafter referred to as the ‘‘Company’’, ‘‘us’’, ”we”, ”our”)
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create Ads;|
|“Ad”||means an advertisement posted on the Website by an Advertiser which shall provide details of the item or service offered by the Advertiser;|
|“Deal”||means a Deal (item or service) posted on the Website by a Deal Merchant or an advertiser which shall provide details of the Deal : item or service offered by the Advertiser/ Deal Merchant;|
|“Advertiser”||means a User that wishes to or has placed an Ad on the Website;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“Free Ad”||means an Ad for which no Ad Fee is payable;|
|“Featured Ad”||means an Ad for which an Ad Fee is payable for the Ad to stand out from the rest;|
|“Free Deal”||means a Deal for which no Fee is payable at the time of Posting;|
|“Featured Deal”||means a Deal for which a Deal Fee is payable at the time of Posting the Deal for the Deal to stand out from the rest.;|
|“VIP Ad”||means an Ad for which an Ad Fee is payable to get the exclusivity within 15 miles of your Business;|
|“System”||means any online communications infrastructure that ClassiAds makes available through the Website either now or in the future. This includes, but is not limited to, Ads, email addresses and online forms;|
|“User” / “Users”||means any third party that accesses the Website and use our Services & Website and is not employed by ClassiAds and acting in the course of their employment;|
|“Website”||means the website that you are currently using (www.classiads.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions;|
|“We/Us/Our”||means ClassiAds Limited, a company registered in England under 10272164 at 86-90, Paul Street, London EC2A 4NE.|
2. Acceptance of the Terms & Conditions
Welcome to ClassiAds.co.uk (a.k.a. “we” or “us” or the “Company“). We are excited to have you as user of our Website. The following terms and conditions (collectively, these “Terms & Conditions“) apply to your use of www.classiads.co.uk, including any content, functionality and services offered on or via ClassiAds.co.uk (the “Website“).
Should you disagree with some of the provisions herein or do agree to be legally bound by all terms and conditions then please stop & do not use or access the Website, services or anything related to us.
3. Changes to the Terms of Service and the Website
We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on ClassiAds.co.uk, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
4. Accessing the Website, Security and Privacy
We are working hard on improving the Website, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some or all features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
To access certain features of the Website you have to register by entering your email and choosing a username and password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using the Website in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g., one that includes both letters (capital and lowercase) and numbers and at least one symbol) and you logout from your account at the end of every session.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for Internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
We also do not guarantee that the Website or any content provided on the Website is error free.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless contained in Ads and Deals, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ClassiAds Limited, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 7 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:
5.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so;
6. Third Party Intellectual Property
6.1 The intellectual property rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads unless it is expressly stated otherwise.
6.2 Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties.
6.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 5 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 7 continue to apply.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of ClassiAds Limited or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply our endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://www.classiads.co.uk/ without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by sending an email at email@example.com.
10. Advertising on the Website
10.1 When submitting an Ad or a Deal to the Website you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 Your Ad or Deal may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 Your Ad or Deal may not contain Content that is intended to promote or incite violence;
10.1.4 Your Ad or Deal should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with Ads posted by other Advertisers;
10.1.5 Ads & Deals must be posted using the English language(s). Content in any other language may be removed at our sole discretion;
10.1.6 Your Ad and/or may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
10.1.7 Items or services of the following types may not be advertised:
10.1.7.1 tobacco, adult nature, nudity, sexual content, prescription medication, guns, ammunition, illegal photos, photo processing
10.1.8 You must not post links to other Websites containing any of the above types of Content;
10.1.9 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.10 Your Ad/Deal must be placed into the appropriate category;
10.1.11 You must not impersonate other people or businesses;
10.1.12 You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
10.1.13 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 ClassiAds does not pre-approve any Ad/ Deal submitted to the Website, however on notification from Users or at the time of general screening we may examine Ads and such Ads may be edited and/or removed from the Website. In case of a Featured Ad being removed, we will not refund the fee for the Featured Ad as it is your primary responsibility not to post an prohibited Ad at the first place.
10.3 ClassiAds may edit your Ad/ Deal to comply with the provisions of sub-Clause 10.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 10.1, your Ad/Deal may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
10.4 In order to post an Ad/Deal, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
10.4.1 any information you submit is accurate and truthful; and
10.4.2 you will keep this information accurate and up-to-date.
10.5 By posting an Ad/Deal you warrant and represent that you are the author of that Ad/Deal or that you have acquired all of the appropriate rights and / or permissions to submit it. We accept no responsibility or liability for any infringement of third party rights by such Ads, Deals or Content. Further, you waive all moral rights in the Ad to be named as its author and grant ClassiAds a perpetual licence to modify the Content as necessary for its inclusion on the Website.
10.6 ClassiAds will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Ads, nor for any errors or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.
10.7 Nothing in these Terms and Conditions shall grant ClassiAds any rights in or to any trade marks or any other intellectual property rights contained within your Ad/Deal or any part of it save for the right to display the same on the Website as part of your Ad/Deal until it is removed from the Website.
10.8 You acknowledge that we may retain copies of any and all communications, information, Content and Ads sent to us or submitted to the Website.
11. Accounts and Ad/Deal Fees
11.1 In order to post an Ad/Deal on this Website you must create an Account which will contain certain personal details. You may not create an Account if you are under 18 years of age. By creating an Account you represent and warrant that:
11.1.1 all information you submit is accurate and truthful; and
11.1.2 you will keep this information accurate and up-to-date.
11.2 Sharing of accounts is not permitted unless expressly authorised in writing by ClassiAds. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
11.3 Free Ads do not require the payment of an Ad Fee. Free Ads are the ones that you post on our Website and are like any other Ads. Featured Ads are the ones that make your Ads/Deals stand out from the rest.
11.4 An Ad Fee will be charged for each Featured Ad you post on this Website. Ad Fees for Featured Ad/Featured Deal(to advertise) is £4 per Ad. This is a one time charge. Your credit / debit card will be billed at the time at which your Featured Ad goes LIVE. Your Ad will be active for 30 days.
11.5 VIP Ads/VIP deals(display) are custom designed and have bespoke pricing & timing depending on the Business. You get exclusivity within 15 miles of your Business. You may get in touch with us in order to get a VIP Ad.
11.6 Your first payment will be at the price advertised on the Website. ClassiAds reserve the right to change Ad Fees from time to time and any such changes may affect your recurring Ad Fees if any:
11.6.1 increases in price will not be reflected in your recurring Ad Fees; and
11.6.2 decreases in price will not be reflected in your recurring Ad Fees.
11.7 Multiple Ads/Deals are permitted for each Account. Each new Ad/Deal will incur the standard Ad/Deal Fee.
11.8 No part of the Website constitutes a contractual offer capable of acceptance. Our provision of the Website and its constituent facilities constitutes a service and by posting and paying for a Featured Ad, you are making an order for that service that we may, at Our sole discretion, accept. Our acceptance is indicated by us sending to you a confirmation email which is an automated action as soon as your Post an Ad/Deal. Only once we have sent you a confirmation email will there be a binding contract between ClassiAds and you. Please note: Deal goes LIVE within 12-48 hours of your Posting a Deal or at your chosen time and date.
11.9 Confirmation emails under sub-Clause 11.8 will be sent to you immediately upon your posting of, and payment for, a Featured Ad/Deal and shall contain the following information:
11.9.1 Confirmation of the Featured Ad/Deal including full details of the main characteristics of the service and the facilities available to you in connection with Featured Ads/Deals;
11.9.2 Fully itemised pricing for your Featured Ad/Deal including, where appropriate, taxes and any other additional charges;
11.9.3 The applicable times and dates for your Featured Ad/Deal (including the expiry date);
11.9.4 A confirmation of your express request that the service (that is, the posting of your Featured Ad/Deal) begins immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 11.10; and
11.9.5 Please note that you do not pay to post Free Ad/Deal but will get email confirming the Ad/Deal details.
11.10 Featured Ads are posted and made visible immediately upon our confirmation under sub-Clause 11.8. When completing the posting and payment process, you automatically acknowledge that you wish the Free Ad/Featured Ad to be available immediately. You also acknowledge that by doing so you will lose your statutory right to cancel your contract with ClassiAds as detailed below in sub-Clause 11.11.
11.11 If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services on Deals section of ClassiAds. This period, if applicable, begins once your contract with ClassiAds or a relevant Deal Merchant is formed (as explained, in this case, in sub-Clause 11.8) and ends at the end of 14 calendar days after that date or in case of a Deal the refunds and returns depends on the Deal Merchant. Under normal circumstances, Free Ads and Feaured Ads Ads are made available immediately upon our confirmation under sub-Clause 11.8. As set out in sub-Clause 11.10, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
11.12 You may cancel and remove your Free Ad/Featured Ad at any time after posting and paying for it. Subject to sub-Clause 11.13, however, We cannot provide any refunds for cancelled Featured Ads/ Deals once they have been posted on the Website.
11.13 If you post and pay for a Featured Ad in error, you must inform Us within 60 minutes of posting the Ad/Deal. Refunds under this sub-Clause 11.13 are at our sole discretion and if We have any reasonable cause to believe that you have already derived a benefit from the Featured Ad in question, no refund will be available to you and you might be banned from the Website.
11.14 If you terminate an Ad/Deal and/or your Account, your Ad(s)/ Deal(s) will be removed immediately.
11.15 Ads/ Deals which ClassiAds rejects in accordance with sub-Clause 10.2 shall not be charged for and if charged then the amount will be refunded.
11.16 ClassiAds charge Deal Merchants 10% of the total sold price of the Deal and on delivery charges plus a 3% payment-processing fee. This is charged only when a Deal is sold via ClassiAds.
12. Termination and/or Suspension
In the event that any of the provisions of sub-Clause 10.1, above, are not followed, ClassiAds reserves the right to suspend or terminate your access to the Service. No refunds will be issued for Featured Ads/ Featured Deals removed for violation of any part of these Terms and Conditions. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
13.3 You may wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Provide Our Service to you;
14.2.2 Process your payments; and
14.2.3 Inform you of new products and services available from us or our affiliates or partners. You may request that we stop sending you this information at any time.
14.3 In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
14.4 We will not pass on your personal information to any other third parties unless they are our partners or affiliates.
14.5 We are not responsible for anyone contacting you by taking your details from your Ad or Deal.
15. Legal Rights and Disclaimers
15.1 We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.
15.2 Save for the discretionary screening and approval of Ads, We have neither control over, nor involvement in, any goods or services advertised on the Website and accept no responsibility for any actions taken, or any goods or services provided, by any Advertisers.
15.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
15.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.5 We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
15.6 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
15.7 If, as a result of our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
16. Limitation of Liability
16.1.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content included on Our Site.
16.1.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any content included on Our Site.
16.1.3 Our Site is intended for non-commercial use only apart from Deals. If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
16.1.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 15.7, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content from it) or any other site referred to on Our Site.
16.1.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
16.1.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
16.1.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
17. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
19. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and ClassiAds.
20.1 All notices / communications shall be given to us either by post to Our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email which you receive from us.
21. Delivery of Deals
21.1 As soon as you buy a Deal, you get an automated email from ClassiAds confirming your Purchase. A second email will be received within 24 hours about the details of your Delivery. All delivery is taken care of by the Deal Merchant and ClassiAds do not get involved and is not responsible for any delivery issues.
21.2 Usually all deliveries are actioned within 24 working hours of the Purchase of the deal but at times there could be a delay from the Deal Merchant’s side and ClassiAds cannot be held responsible for that.
22. Payment to ClassiAds
22.1 Payments of Featured Ads/ Featured Deals and Deals that you purchase from Deal Merchants on ClassiAds may be paid by securely by using debit or credit card or paypal.
22.2 All payment are made in GBP and no other currency.
22.3 The Deal Merchant agrees that the payment made by you to us for the purchase of Deals between you and the Deal Merchant will meet the obligation to eventually pay to the Deal Merchant and confirms that the Deal Merchant cannot hold you responsible & will not seek any legal action against you for the payment that you have already made to us in regards with the Deal in question.
22.4 You agree that some banks, cards, international cards or payment methods may charge you an additional fee which will be not be a responsibility of ClassiAds or Deal Merchants.
23. Deal Returns
23.1 You may cancel the deal, voucher within 14 days if the deal, item or voucher has not been used.
23.2 You may return the item if it is faulty or if you change your mind(in case of unused item, deal or service)
23.3 Please send us an email at email@example.com to report a return, refund or exchange.
23.4 Any returns or refunds shall eventually be made by the Deal Merchant in accordance with the Returns & Refunds Policy.
23.5 ClassiAds are not responsible if the Deal Merchant does not accept the Return. Once a Deal is purchased, Deal Merchant is responsible for the product, service, delivery, returns.
24. Law and Jurisdiction
24.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
24.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
24.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.