Terms and Conditions
The pages of this Website are subject to © Converse Ltd 2012The services available at http://www.abfablinks.com are provided by Converse Ltd whose registered office is at 23 Westgate, Shipley, BD18 3QX,West Yorkshire (CRN 2449346) ("Abfablinks")
1.1"Site" means www.Abfablinks.com
1.2 "Seller" means an individual and/or organization registering on the Site in order to list Bargains for sale on its own Seller's Websites.
1.3 "Seller's Website" means the [landing] page of a Seller where a Bargain is listed for sale.
1.4 "Bargain" means a product or service which is offered for sale by a Seller at a Discount or at a price which is significantly less than would otherwise ordinarily be available to Shoppers on a retail or wholesale basis and in all cases in compliance with the provisions of paragraph 6 of Schedule 1
1.5 "Discount" means a sale price which is genuinely discounted from the price of a product or service ordinarily offered by a Seller on a Seller's Website.
1.6 "Shopper" means an individual and/or organization registering on the Site in order to receive email alerts when new Bargains are listed, in the categories which he/she selects during the registration process.
1.7 "user" "you" "your" refers to Seller(s) and/or Shopper(s) as the case may be.
1.8 "Your Information" means any information you provide to us or other users in relation to the service provided by us including the registration of your details and listing of Bargains (including any description of items listed)
1.9 "Virtual" means by electronic format over the Internet and/or by electronic mail.
1.10 "FAQs" means the frequently asked questions relating to the Site
1.11 " Search Engine" means directories provided for listing and searching the Internet such as Google and Yahoo.
1.12 "we", "us, "our" refers to Abfablinks
1.13 "User Agreement" means these terms and conditions including Schedules 1 and/or 2 as applicable
1.14 "Listing Guidelines" means the guidelines listed in Schedule 1, item 2
1.15 "Perpetual Listing" means a listing provided with no expiry date.
1.16 "Fees and Credits Policy" means the policy specified in paragraph 2 of Schedule 1
2. User Agreement
2.1 The User Agreement contains the terms and conditions applicable to your use of our services available under the domain and sub-domains at the Site.
2.2 You must read and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to, as they contain further terms and conditions which may apply to you as a user.
2.3 Your participation as a user is subject to our approval and your continued compliance with your obligations under the User Agreement and any additional policies which we adopt. We reserve the right to refuse participation to any user at any time at our sole discretion. If you do not agree to be bound by the User Agreement, you may not use or access our services.
2.4 We may amend the User Agreement at any time by giving you Notice or by publishing the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of service of a Notice.
3. Our services
The Site provides listings of Bargains and links to Sellers' Websites to facilitate transactions between Sellers and Shoppers.
4.1 We may request additional information from users to verify the accuracy of the information which users provide to us when they register on the Site but we are not responsible for verifying the purported identity of users or the validity of the information which users post to the Site.
4.2 We do not review all listings provided by users, we do not own the items offered via the Site and will not be party to any transactions which take place between Sellers and Shoppers. We have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of the Shoppers to pay for items.
5.1 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 members of the Site. 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 User Agreement.
5.2 You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use the Site using your own User ID and password. You must use every effort to keep your password safe and not to disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to use your User ID or password.
5.3 You acknowledge that we will commence providing our services to you as soon as you have registered with us and your registration has been accepted.
5.4 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 use of the Site.
6. Access and Interference
6.1.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:
6.1.1 take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6.1.2 copy,reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without our prior written permission and any relevant third party, as applicable;
6.1.3 interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
6.1.4 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-use substantial parts of the Site, or to make systematic and repeated extractions or re-use of any parts of the Site.
6.2 We and our users do not tolerate spam or unsolicited commercial communications.
7. Prohibited Uses.
7.1 You shall not, and shall not authorise or encourage any third party to:
7.1.1 improperly redirect a Shopper away from any listings page, search results page, or category page;
7.1.2 provide a version of the listing that is different from the page a Shopper would access by going directly to the Website.
7.1.3 intersperse any content between the listing and the Seller's Website
7.1.4 sub-list any additional Ad(s), Link(s), or Referral Button(s) on any error page, on any registration or "thank you" page (e.g., a page that thanks a user after he/she has registered with the applicable Web site), on any chat page, in any email, or on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content;
7.1.5 engage in any action or practice that in our opinion reflects poorly on us or otherwise harms or devalues our reputation or goodwill.
7.2 You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this User Agreement.
7.3 Without limiting our other remedies, we may limit your activity on the Site, issue a warning, or suspend or terminate your user registration or any of your item listings without notice to you if:
7.3.1 if you breach this User Agreement or the documents incorporated by reference; or
7.3.2 if, despite our reasonable endeavours, we are unable to verify or authenticate any of Your Information
8.1 In order to provide our full range of services, we may collect the following types of information:
8.1.1 Information you provide - When you register as a user we ask you for personal information (such as your name, email address and an account password). For Seller services we maintain a payment history but we do not store credit or debit card details, Credit and debit card payment processing is handled by the two payment service providers that we utilise - Worldpay and PayPal.
8.1.3 Log information - When you use our services, our system records information that your browser sends whenever you visit the Site. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
8.1.4 User communications - When you send email or other communication to us, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.
8.1.5 Affiliated sites - We offer some of our services in connection with other websites. We process such information in accordance with this policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
8.3.1 providing our products and services to users, including the display of customised content and advertising;
8.3.2 auditing, research and analysis in order to maintain, protect and improve our services;
8.3.3 ensuring the technical functioning of our network; and
8.3.4 developing new services.
8.4 We view protection of users' privacy as a very important community principle. We will take reasonable care to 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 our control. Access to the Site 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.
10. Limitation of Liability.
10.1 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 User Agreement.
10.2 We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any kind (including liability for negligence) for the acts or omissions of third parties including other providers of telecommunications services or for faults in or failures of their networks and equipment.
10.3 Our liability to you and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.
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 legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your breach of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to us must be sent by via our contact form and notices to you will be sent to the email address that you provide to us 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.
13. Governing Law and Legal Compliance.
13.1 This User Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.
13.2 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 user transaction. Please do not assume that you are allowed to do what other users 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 us regarding our services should be referred to our customer support.
15. Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
16.1 This User Agreement represents the entire terms agreed between the parties in relation to its subject matter and supersedes all previous contracts, representations or arrangements of any kind between the parties relating to its subject matter. For the avoidance of doubt, the Seller acknowledges and agrees that these terms and conditions include the FAQs and Listing Guidelines which are incorporated by reference, and the FAQs and Listing Guidelines may be modified by us at any time to reflect changes in how we make the listings available.
16.2 If any provision of this User 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 User Agreement and all incorporated agreements may be automatically assigned by us at our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User 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 User 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 User Agreement.
17 Force majeure. Other than in respect of payment obligations, neither party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, terrorism, civil commotion or industrial dispute.
Additional terms applicable to Sellers
1 We charge fees for listing items for sale through our Site and you may purchase credits which can be used to pay for subsequent listings.
2 Our fees which are payable for your use of the Site are as follows:
Listing guidelines and Fees.
3. We may change our Fees and Credits Policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the Site (or such later date as we may notify). However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service.
4. Unless otherwise stated, all fees due to us are payable in GB Pounds sterling. You agree that we may issue you with sales invoices in electronic format by email.
5 You are solely responsible for the accuracy of the content of Your Information and that it is updated regularly.
6. You must comply with all applicable laws and regulations relating to the listing and sale of items for sale on your Website including The Control of Misleading Advertisements Regulations 1988 The Consumer Protection (Distance Selling) Regulations and the Consumer Protection Act 1987, (including the Code of Practice for Traders on Price Indications, which is published under it).
7. You must ensure that you are legally able to sell each item included in a listing 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 Shopper's jurisdiction.
8. You must describe your item and all terms of sale on the listing page of the Site. Your listings 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 that we have the right to host it on our servers. All items must be listed in an appropriate category.
9. You may only list Bargains on the Site. Each item classified as a Bargain must have been for sale at a higher price on a Seller's Website for a sufficient period of time.
10 You confirm that you have all necessary rights to permit and hereby grant Abafablinks and any of our third party providers all such rights which are necessary for us all to (as applicable) use, host, cache, route, store, copy, modify, distribute, reformat, reproduce, publish, display, transmit and distribute listings
11 You warrant that the listings of items on the Site or Seller's Websites and/or landing pages linked from listings shall not: (a) violate or encourage violation of any law or applicable regulation or code of practice (including without limitations the CAP Code in the UK and any equivalent advertising standards code of practice in any other jurisdiction); (b) infringe any intellectual property rights of any third party or contain any material which may be harmful, abusive, obscene, threatening or defamatory.
12. We give no guarantee or warranty regarding the level of impressions of listings or numbers of clicks on any listing, the timing of delivery of such impressions and/or clicks.
13. Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. 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);
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that are prohibited under this User Agreement; or you do not have a right to link to or include;
i. 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;
j. 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.
14. To enable us to use your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (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.
15. You agree that Abfablinks may use your name and logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, search results pages, and referral pages. If You wish to use Abfablink's trade name, service mark, logos, domain names, and other distinctive brand features or intellectual property ("Brand Features"), you may do so, so long as such use is in compliance with this User Agreement and in compliance with Abfablinks current Brand Feature user policy, and any content contained or referenced there which may be changed from time to time.
Additional terms applicable to Shoppers
1. We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property.
2 Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site.
3. We are not responsible for verifying a Seller's right to list and sell items.
4. We are not responsible for ensuring that any Seller's Discount is valid or that an item constitutes a Bargain. However we will act upon information provided to us by you which suggests that an item offered for sale by a Seller is not a Bargain.
5. You accept sole responsibility for the legality of your actions under laws applying to you
6. Registering as a Shopper on the Site and receiving email updates from us is free, although you will remain responsible for the costs of accessing our Site.
7. We do not control the information provided by Sellers which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading 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 we are not responsible for the acts or omissions of users on the Site.
8. We are not a party to any transactions which you may have with a Seller. Any contractual or other disputes which may arise between you and a Seller will need to be resolved between you.