“Advert” means an paid announcement about something on Our Website by text, photo’s, audio, sound, description and graphics, which must be genuine and accurate posted by the Buyer or the Seller.
“Business Day” means a day other than a Saturday, a Sunday, or any other day on which the principal banks located in London U.K. are not open for business.
“Buyer” means the individual that responds to a post purchasing a item on Our Website.
“Content” means any post which includes but limited to photos, text, graphics, images, audio, files or videos submitted by the Buyer or Seller.
“Fees” means any charges payable for placing an Advert of feature(d) posts.
“Intellectual Property” means any and all of the following in any jurisdiction including trademarks, registrations related to trademarks, websites, trade secrets, patents and copyrights.
“Website” means Our website www.hennoklisting.com
“User” means You, Your, User or Visitor, looking at, browsing or spending time on Our Website.
“Seller” means the individual that posts an item to sell on Our Website.
These Website Terms and Conditions incorporated by Our associated policies governs the access and the Use of by You (“You, Your, User, Visitor, Buyer or Seller”) in relation to the Website www.hennoklisting.com owned by Hennok SARL (“Our,We,Us or Hennok”). By using, visiting or browsing Our Website, or mobile App (“application”) You are deemed to accept all the Terms and conditions mentioned below, if You do not agree to these Terms and Conditions, then do not access, register or Use Our Website.
- License to Use Our Website
- The User hereby grant Us a non-transferable (with a right to sublicense) irrevocable, non-exclusive, royalty free, perpetual and worldwide license to use, display, adapt, publish, incorporate the User Content on Our Website in accordance with these Terms and Conditions. Further, the User hereby waive all moral rights in the Content fullest extent permitted by law.
- The license may be revoked without notice by Us on breach or suspension accordance with Our Terms and Conditions.
- Your obligations
- The User represent and warrant that You have permission and authority to use, submit and post publicly Content with genuine, accuracy, completeness, to Our Website and such Content shall not violate any Intellectual Property of any third party. It is the User’s entire responsibility for any posts as the Buyer and/or the Seller and the User could be held liable if it breaches any restrictions of use in accordance with section 3.6 below. All posts are subject to approval and moderation from Us.
- The posting of standard classifieds post is free of charge and any feature(d) posts and Adverts are subject to an additional Fee paid in advance by You;
- The Seller are responsible for agreeing with the Buyer any pricing and delivery of the item, mechanism of delivery, import or export taxes for the item(s). The Seller has the contract with the Buyer for selling items. We do not control, determine, or are in anyway involved on behalf of the Sellers offer or the Buyers acceptance of the offer and payment of an item. For the avoidance of doubt, We do not check the quality of the items.
- The User is to use Our Website and services for personal use only;
Not resell or make available the services to any third party, or otherwise commercially exploit the services.
- You or as a representative of the Business have authority to contract with Us for the posting publicly of the Adverts which is subject to a Fee paid in advance by You. All Advert(s) are subject to approval and moderation from Us.
- You are responsible for the representation, genuine, accuracy, completeness, of the Advert and ensuring it meets the requirements under section 3.6 below.
- Restricted Use.
The User shall use and access Our Website (including any Content, media or any medium e.g. video) in a responsible way.
- The User will not use the service to publish, submit, post or promote any unlawful, harmful, abusive, foul language, controversial, racial, hateful, threatening, defamatory, libellous, nudity, pornographic, pets or livestock, paedophilic, disparaging remarks, breaking copyright, illegal activity, fraud, breach of confidence, obscene Content or material on Our Website;
- The User will not introduce or distribute viruses, trojans, worms, spam, hack, pish, spider, crawl, scrape, damage, spam, robot for search engine indexing, corrupt data and denial of service attacks or upload or distribute of any files that contain viruses. Breaching this provision may see You being reported to the relevant law enforcement authorities and immediate suspension of Your account without further notice;
- The User will not reverse engineer, modify or disassemble the service or Our Website;
- The User will not attempt to modify, access, copy any material including third party, data, Intellectual Property and Content from Our Website or
- You will not impersonate another person or misrepresent authorisation to act on behalf of others.
- Not offer to sell stolen, recalled, product defects or counterfeit items.
- Products or services which required an official license or approvals by law.
- Our obligations
- The User acknowledges that We may collect, store, publish, handle and use Content or Advert on Our Website including collection of Personal Data for registration. We do not sell any goods or from such sales receive any profits, payments on Our Website as this is with the Buyer and Seller.
- We will publish Content and Adverts which meet moderation in section 4.4 below and requirements under section 3.6 above.
- To recommend the Buyer and Seller a delivery option on Our Website which operates independently from Us or make alternative arrangements for delivery. Any deliver enquiries should be directed directly to the delivery operator.
- We will pre-moderate all the Content in posts or Advert that has been submitted by You on Our Website and it will not published until it has been moderated meeting these Terms and Conditions.
- We may require You to modify the Content of the post or Advert if it does not meet any legal advertising requirements or breach the restriction of use in section 3.6 above.
- If the Content in the post or Advert submitted to Our Website continues repeatedly to breach Our moderation under these Terms and Conditions, restriction of use in section 3.6 above We reserve the right to suspend Your account immediately without notice.
- The User represent and warrant that any of the Content submitted in the post or Advert by the Buyer and/or Seller is genuine, accurate, not violating any third-party trade mark infringement.
- We do NOT represent or warrant that: –
- The content displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy without any liability whatsoever.
- Access to Our website may not be uninterrupted and is provided “AS-IS” and is not 100% error free or secure. You down loading the any material from Our Website is at Your sole discretion and risk without any liability to Us.
- We do not endorse, sponsor any of the Content, items in the posts or Advert take any responsibility for any statements whether written or oral made by the Buyer or the Seller.
- We disclaim all representation and warranties of title, non-infringement, merchantability, fitness and quality for a purpose.
- No liability to Us in connection with any acts, omission or negligence damages to Your computer hardware, data, materials, reliance, dependency or any other items arising from the Use of Our Website.
- Your account and suspension
- Your account, password and unauthorised access
If the User registers for a registered user account on Our Website, You will be asked to choose a user identification and password. If the User choses to cancel Your account subject to notice in writing to Us We may cancel this account within (30) Business Days. We never contact users requesting them to confirm their username and password.
You shall keep Your password secure and confidential. Your registration must be genuine and shall not impersonate some one else or mislead. You may only register a single account at a time on Our Website.
You should inform Us immediately in writing if You have any reason to believe that Your password has become known to anyone else or has been used in an unauthorized manner.
You are responsible for any activity on Our Website and if You fail to keep passwords safe or confidential leading to unauthorised access You may be held liable for all losses arising from such failure to do so.
- Business User account
As a business Buyer or Seller the same registration, confidentiality of password and authorised access provision shall apply in accordance with 6.1 above.
You represent and warrant that You have authority to enter in agreements on behalf of the business and its legal entity. If You do not have the business authority, then do not use Our Website.
- Suspension of Your account
We reserve the right to a) cancel Your account b) edit Your account including remove Content, post or Advert or c) suspend Your account, any of these at Our sole discretion without notice if it does not comply with correct registration process, unauthorised access, impersonation or misuse in accordance with the section 3.6 above.
- Data protection
We manage Your Personal Data in accordance with data privacy laws including the GDPR.
- The definitions of Data Subject, Data Controller, Data Processor and Personal Data are in accordance with the Data Protection Act 2018 and the GDPR.
- Our Data Breach Policy , includes a process for Us dealing with data breaches, investigation of such breach, breach notification commitments within 72 hours for Data Controllers or notify reasons for delay.
- In relation to retention period Our retention policy facilitates the retention of records or specified retention times and associated exceptions. As the Data controllers We reserve the right to set the any retention period of Personal Data related to services.
- The supplier as the Data Processor shall continue to provide Us reasonable support with subject access requests and data breaches within the agreed notification timeframes. The suppliers or third parties shall use appropriate organisational and technical measures to prevent unauthorised access or loss of Personal Data.
- Intellectual property
- All Intellectual Property rights in trademarks including Our logos, Our branding, Our Website, source code, technology, trademarks text, graphics, software, photos, video, music, sound and any documentation are proprietary and that all right, title and interest in the above including all associated Intellectual Property rights, are and shall exclusively at all times remain with Us which may not be used in connection with any product or service that does not belong to Us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us.
- You will notify Us immediately on becoming aware of any Intellectual Property rights infringement and provide Us with the supporting information on request.
- Any Fees including any tax, for the Advert and feature(d) posts shall be paid by You or on behalf of Your business in advance online using Paypal or equivalent. Any payments to the delivery operator will be made direct on top of Our Fees. At Our sole discretion We reserve the right not to refund any Fees for Adverts and feature(d) posts which do not meet these Terms and Conditions.
- The User shall defend, indemnify and hold harmless Hennok, and its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claims, damages, losses, demand, actions or expenses (including reasonable attorney’s fees), resulting from or arising out of a) any third party b) penalty imposed due to fines c) arising out of your breach of these Terms and Conditions d) use of registered account on Our Website, e) Your violation of any law, rules, regulations or f) the Intellectual Property rights of a third party.
- Limitation of Liability and release
- The use of Our Website is provided without warranties of any kind, whether express or implied, including, non-infringement or course of performance. We will not be liable to You for any services which have been provided free of charge.
- In no event will We be liable in contract, tort or otherwise for any direct, indirect, special, consequential, punitive or incidental damages, any loss of profits, loss of reputation, loss of goodwill, loss of opportunity, economic loss, replacement cost, uptime, availability even if we have been advised of the possibility of such loss or damage being incurred.
- Nothing in this Agreement will limit liability arising from Our negligence for personal injury, death, fraud or any other liability which cannot be excluded by law
- You hereby expressly release Hennok SARL and its affiliates, its officers and representatives from any cost, damage, liability or other consequence of any of the actions or inactions and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.
- Notwithstanding anything to the contrary contained in this Agreement, the maximum aggregate amount for any and all claims in connection with this Agreement or in connection with the use of Our Website, an amount equal to the Fees paid by the User in one (1) calendar year.
- If the User no longer wanted to continue using Our Website, then write to Us to terminate Your account and We will confirm such request in thirty (30) Business Days.
- We may terminate at Our Sole discretion, the User account on suspension or breach of this Agreement.
- Links to external or other websites
- Third parties
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Agreement.
We do not knowingly allow children under the age of 16 to be comes members of Our Website. If You become aware that a child has accessed Our service without parental consent, please do notify Us in writing. We at Our sole discretion reserve the right to suspend such accounts.
These Terms and Conditions and associated polices may be amended by Us from time to time without notice. By using Our Website, You will be subject to the updates at the time You Use the Website.
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Any Fees related disputes in connection with this Agreement shall to the extent possible reach agreement in good faith by negotiation between the parties within thirty (30) Business Days from the date of written notice by either party of the existence of such a dispute. As We do not sell any goods and any such disputes which arise in connection with this shall be dealt with directly between Buyer and the Seller. If the parties do not reach settlement within a period of thirty (30) Business Days, they will attempt to settle it by mediation. Any case studies, press release or references featuring Us shall be pre-approved in writing from Us.
- Any notices should be made to Our registered address and a copy sent to Us via email.
- The above Terms and Conditions constitute an entire agreement between the parties and supersede any and all preceding agreements.
These Terms and Conditions are exclusively governed by the Laws of the England and Wales and the courts of England shall have exclusive jurisdiction.