Terms of Use classifieds (GDH

(1) Introduction

These terms of use govern your use of the Good Deal Hunting (referred hereafter as “GDH”) website (www.GoodDeal-Hunting.com); by using the GDH website in any way, you accept not only these terms of use in full but also any additional posted guidelines, that may apply to particular services provided by GDH. If you disagree with these terms of use, any part of these terms of use, any subsequent modifications in the terms of use thereafter, or if you become dissatisfied with GDH and its services in any way, your only recourse is that you must not use our website.

If you register with the GDH website or post messages using our Email and SMS Alert systems to ads posted on the GDH website we will ask you to expressly agree to these terms of use.

Please note that GDH provides a forum for users to advertise goods and services. GDH is not party to the sale or purchase of goods or services advertised on this website, and accordingly we will not be liable to any person in relation to any such sale or purchase. See Section [9] for more details of our role.

You also confirm that you are either of legal age as per the laws and regulations of your residing country, 18 years or older, or have been given parental or guardian consent and are fully capable of understanding and entering into and abiding by and complying with all the conditions and terms set out in these terms of use. GDH has the right to enforce the terms of use at its discretion.

(2) Licence to use website & Proprietary Rights

Unless otherwise stated, GDH or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(d) edit or otherwise modify any material on the website (other than editing your own classified advertisements using the GDH website interface);

(e) reproduce, duplicate, copy or otherwise exploit material on the GDH website for a commercial purpose;

(f) redistribute material from the GDH website except for content specifically and expressly made available for redistribution; or

(g) imitate, duplicate or attempt to discover the source code contained in the GDH website.

GDH reserves the right to restrict access to areas of its website, or indeed its whole website, at its discretion.

(3) Classified advertisements & banner advertisements

GDH welcomes the submission of classified advertisements & banner advertisements to our website.

Details on how to submit a classified/banner advertisement and identifying and correcting input errors prior to making your submission have been provided in detail in the FAQ section of the GDH site.

Classified advertisements and banner advertisements submitted to the GDH website must constitute bona fide advertisements relating to the categories available on the GDH website and that are true, fair and accurate in all respects. Classified advertisements must all be listed in the appropriate category or categories.

Classified advertisements and banner advertisements submitted to the GDH website must not constitute an advertisement for any product or service that:

(a) breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;

(b) consists of or contains material that would, if published on the GDH website by you, contravene the provisions of Section [7];

Your classified advertisements and banner advertisements must comply with the “acceptable use” and “submissions” provisions below.

Prior to making a submission, you will be asked to register with GDH and at that time choose a user ID and password. You must ensure that your user ID and password are kept confidential. You may change your GDH user password at regular intervals to ensure that your account is not used without your permission or consent. We may disable your user ID and password in our sole discretion without notice or explanation.

You must keep your classified advertisements and banner advertisements up-to-date using the GDH website interface. In particular, you must remove any classified advertisements and/or banner advertisements that have ceased to apply (for example, because the goods advertised have been sold or a deal has expired).

Classified advertisements and banner advertisements that are submitted will be automatically processed within a reasonable time following receipt.

Without prejudice to GDH’s other rights under these terms of use, GDH reserves the right to reject or delete submissions that in our reasonable opinion breach these terms of use/the spirit of the terms of use or that do not in our reasonable opinion meet the additional guidelines for submissions published on the GDH website. If GDH rejects or deletes a submission on either basis, GDH will not refund any applicable charges.

If GDH accepts your classified advertisement and/or banner advertisement then, it will remain published on our website for the relevant period set out on our website, subject to termination or deletion in accordance with these terms of use.

GDH will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, GDH recommends that you print and file a copy of these terms of use for future reference.

These terms of use are currently provided in the English language only.

(4) Free advertisements

The GDH website allows you to make free classified advertisement submissions, subject to the following limitations:

(a) free classified advertisement submissions are not highlighted in featured colours in search results or listings on the GDH website;

(b) free classified advertisement submissions show up lower in search results than highlighted or any of the featured classified advertisements on the GDH website;

(c) free classified advertisement submissions are not SMS Alert enabled unless the subscription is purchased on the GDH website; and

(d) free classified advertisement submissions are not featured on either the GDH website home page or any of the category main search pages;

We may delete free classified advertisements at any time in our sole discretion with or without notice to you.

(5) Paid advertisements

In addition to free submissions, we provide a paid submission and SMS Alert service that gives the following benefits:

(a) SMS Alerts received on your mobile/cell phone only for countries and mobile/cell service providers specified on the website (see the GDH FAQ for details);

(b) highlighted search results (see the GDH FAQ for details);

(c) featured/highlighted ads which are displayed randomly on the selected GDH pages (see the GDH FAQ for details); and/or

(d) banner advertising (which is mostly for corporate clients) (see the GDH FAQ for details).

The applicable submission charges will be as set out on the GDH website from time to time. All submission charges stated on the GDH website are stated inclusive of any applicable taxes.

You must pay to GDH the submission charges in respect of a submission in advance, in cleared funds, in accordance with the instructions on our website.

GDH may vary submission charges from time to time by posting new charges on our website. However, such variations will not affect submissions that have already been paid for.

(6) Acceptable use

You must not use the GDH website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the GDH website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the GDH website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the GDH website without our express written consent.

You must not use data collected from the GDH website to contact individuals or companies or other organisations for any reason other than for the purpose of a bona fide response to a classified advertisement and/or banner advertisement.

You must not use data collected from the GDH website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

(7) Submissions

In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the GDH website as part of a classified advertisement and/or banner advertisement, or that you submit to the GDH website using any other website feature or that you transmit through the website using GDH features.

Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or GDH (including without limitation its directors, employees, officers, suppliers, agents, subsidiaries or users) or a third party (in each case under any applicable law).

Your submissions (and their publication on our website) must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in a explicit, graphic or gratuitous manner;

(m) be pornographic or sexually explicit;

(n) be untrue, false, inaccurate, or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam, junk mail, chain letters, affiliate marketing, pyramid schemes or unsolicited commercial advertising;

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory, defamatory or inflammatory, or harmful to minors;

(r) be discriminatory towards (or incite such feelings in others) any person or persons alive or deceased, irrespective of the person’s gender, age, disability, race, religion, ethnicity, sexual orientation or nationality;

(s) be related in any way to weapons, firearms, products that cause destruction or explosives and related items (such as firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, scopes, silencers, disguised, undetectable or switchblade knives, and martial arts weapons);

(t) be related to tobacco and/or alcohol;

(u) be related to human and/or animal organs and/or fluids;

(v) be related to pharmaceutical products, drugs and/or related items (including without limitation prescription drugs, illegal drugs and drug paraphernalia);

(w) be related to counterfeit products of any sort including without limitation currency and stamps;

(x) be related to waste material of any kind especially that which is hazardous; or

(y) cause annoyance, inconvenience or needless anxiety to any person.

Your submissions must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use the GDH website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to the GDH website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

GDH reserves the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding GDH’s rights under these terms of use in relation to user submissions, GDH does not undertake to monitor the submissions, or the publication of the submissions on the GDH website.

In the case of free or paid classified advertisements or any other posting on the GDH site you grant to GDH a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to GDH the right to sub-license these rights, and the right to bring an action for infringement of these rights.

(8) Discontinuing services & refund policy

GDH reserves the right to discontinue its classified advertising and/or banner advertising services and the publication of the GDH website at any time in our sole discretion with or without notice.

If:

(a) you have paid for a classified advertisement feature and/or banner advertisement;

(b) your classified advertisement and/or banner advertisement has been (or would have been) accepted in accordance with these terms of use; and

GDH will refund to you such portion of your payment as we determine to be reasonable and not exceeding the amount paid for subscription to the features or banner advertising. GDH will not refund your credits for SMS Alerts or the equivalent value for balance SMS Alert credits if any SMS Alerts have been used/utilized.

GDH will provide a full refund for Featured Video Gallery, Featured Picture Gallery, Featured Ads, Highlighted Search and Banner Advertising if the user is unsatisfied with the services provided by GDH and applies for a refund within the first twenty four hours of posting the classifieds ad or banner advertisement. GDH will refund SMS Alerts only if the customer applies for a refund within the first twenty four hours of posting the classifieds ad and no SMS alerts have been used/utilized.

GDH will not provide you any form of refund if the purpose of your ad has been fulfilled before expiry of the purchased features, or you choose to delete the ad for whatever reason nor will it provide refunds for failure of these purchased packages to attract any or the expected kind of response from GDH users.

Save as provided in this Section [8] you will not be entitled to any refund upon the discontinuance of our services.

(9) Limited warranties

GDH does not warrant the completeness or accuracy of the information published on this website; nor does GDH commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You acknowledge that:

(a) GDH does not confirm the identity of any classifieds and/or banner advertisers or buyers, check the credit worthiness or bona fides of classifieds and/or banner advertisers or buyers, or otherwise vet advertisers or buyers;

(b) GDH does not check, audit or monitor the information contained in classified advertisements and banner advertisements;

(d) GDH is not involved in any transaction between classifieds and/or banner advertisers and buyers in any way; and

(e) GDH is not the agent for any classifieds and/or banner advertisers or buyers;

and accordingly GDH will not be liable to any person, whether acting as a classifieds and/or banner advertiser or buyer or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on our website; furthermore GDH is not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services and GDH will have no obligation to mediate between parties to any such contract.

To the maximum extent permitted by applicable law GDH excludes all representations, warranties and conditions relating to the GDH website and the use of the GDH website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(10) Limitations of liability

Nothing in these terms of use (or elsewhere on the GDH website) will exclude or limit our liability, which cannot be excluded or limited under applicable law.

Subject to this, to the fullest extent permitted by law, GDH’s liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) GDH will not be liable for any loss or damage of any nature;

(b) GDH will not be liable for any consequential, indirect or special loss or damage;

(c) GDH will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; and

(d) GDH will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

You accept that GDH has an interest in limiting the personal liability of our directors, officers and employees. Having regard to that interest, you accept that GDH is a limited liability entity and agree that you will not bring any claim personally against individual directors, officers or employees in respect of any losses you suffer in connection with the website or these terms of use.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold GDH liable in respect of any such comments, reviews and/or feedback, irrespective of whether GDH is aware or ought to have been aware of such comments, reviews and/or feedback.

(11) Indemnity

You hereby indemnify GDH, its directors, employees, officers, suppliers, agents, subsidiaries or legal successors and undertake to keep GDH, its directors, employees, officers, suppliers, agents, subsidiaries or legal successors indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by GDH to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by GDH arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(12) Breaches of these terms of use

Without prejudice to GDH’s other rights under these terms of use, if you breach these terms of use in any way, or if GDH reasonably suspects that you have breached these terms of use or the spirit of these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website without notice;

(d) block computers using your IP address from accessing the website without notice;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) delete and/or edit any or all of your classified advertisements or banner advertisements or website submissions without notice; and/or

(h) suspend and/or delete your account with the website without notice.

Where GDH suspends or prohibits or blocks your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(13) Third party websites

The GDH website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. GDH has no control over the contents of third party websites, and GDH accepts no responsibility for them or for any loss or damage that may arise from your use of them.

(14) Trade marks

The GDH logo and other proprietary material are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(15) Variation

GDH may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on the GDH website. You also acknowledge that it is solely your responsibility to review the terms of use on a regular basis to keep your self updated and informed of any changes.

(16) Assignment

GDH may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing where you contract with us as a consumer that such action will not reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(17) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(18) Exclusion of third party rights

These terms of use are for the benefit of you and GDH, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and GDH rights in relation to these terms of use is not subject to the consent of any third party.

(19) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and GDH in relation to your use of the GDH website, and supersede all previous agreements in respect of your use of this website.