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Terms & Conditions

Terms & Conditions

We operate a paid services marketplace at blimpon.com. You'll find the terms & conditions that apply to your usage of blimpon.com below.

They're all written in plain English with as little legalese as possible. Email us at hello@blimpon.com if anything isn't clear.

Buyer in the paid services marketplace?
Terms and Conditions applicable to a buyer of services using blimpon.com

Provider of services in the paid services marketplace?
Terms and Conditions applicable to a seller of services using blimpon.com

Updated on: February 2nd, 2016

Terms and Conditions applicable to a seller of services using blimpon.com

These terms and conditions are the contract between you and Pemberton Rank Ltd (“us”, “we”, etc). By visiting or using our website, you agree to be bound by them.

Blimpon is a trade name of Pemberton Rank Ltd, registered in England 7341337, whose registered address is at 483 Green Lanes, London, N13 4BS.

1. Definitions

“Content” means the textual, visual or aural content that is encountered as part of your experience on our website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

"Post" means place on or into our website any Content or material of any sort by any means.

“Provider” means you, a person or organisation who has placed details on our website of a service offered for sale or free of charge, through our website.

“Provider Service”

And “your service” mean the service you offer for sale through our website.

“Our Service” means the service we provide to enable you to sell Provider Services here.

2. Our contract

2.1 The relationship between us is solely that:

2.1.1 in consideration of a fee charged by us, we provide for you an Internet market place as an arms length contractor;

2.1.2 we act as your agent solely in the collection of money paid by your buyer-client;

2.1.3 we are not your publishers, partners or joint ventures.

2.2 If you place a Provider Service for sale on the website, you do so subject to these terms.

2.3 We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on our website at the time that the contract was made.

2.4 Although we are not a party to your contract with a buyer introduced to you via our website, we shall remove your services from offer if a client or site visitor has a valid complaint against you.

2.5 Subject to this agreement and to the procedures set out in our web pages, you may enter a Provider Service for sale through our website.

3. Your Provider Service placement

You agree:

3.1 to indemnify us against any claim by any person in respect of any Provider Service, including reasonable management costs and lawyers fees.

3.2 to indemnify us for any expense incurred by us in protecting the reputation of our business by making any payment to a client of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that client.

3.3 not knowingly to place any Provider Service for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a client before purchase.

3.4 immediately to remove from sale on our website any Provider Service which for any reason, you are unable to supply.

3.5 not to re-place any Provider Service we remove from offer for sale.

4. Complaints about Provider Services

You agree that you will at all times:

4.1 reply promptly and in any event within 48 hours to any client message or other correspondence;

4.2 comply with the law relating to all aspects of the contract between you and your client;

4.3 when you have an obligation to return money to a client for any reason, you will do so immediately in line with the Refunds policy set out on our website;

4.4 comply with the Pemberton Rank Ltd procedures relating to satisfaction of an order, as set out in our website from time to time.

4.5 Please provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.

5. The selling procedure

5.1 We are not responsible for the fulfilment of your contract to sell a Provider Service.

5.2 Provider Services may be offered for sale subject to any discount or promotion arranged between Pemberton Rank Ltd. and you.

5.3 Subject to discounts and promotions, Provider Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

5.4 You agree that a contract to sell a Provider Service offered by you is a firm and binding contract as soon as your client’s payment has been accepted by our payment service provider.

5.5 Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyer’s conditions on our website at any time.

6. Value added Tax

6.1 Fees and commissions specified in our website are exclusive of VAT.

6.2 If you are located in the UK, we will show and retain the amount of VAT due on our charge for our services in addition to the amount of commission due to us.

6.3 If you are located in the UK, and you provide a valid UK VAT registration number, we will not charge or deduct VAT from sums due to you.

6.4 Pemberton Rank Ltd. has the right to demand additional information about your business so far as it may affect your VAT registration, at any time, from you or from a governmental authority.

7. Our commission and payment to you

7.1 We sell your Provider Service at the price you place on it, subject to these terms and subject also the requirements we set out on our website from time to time.

7.2 Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.

7.3 Our website selling system is an automated system which can be followed by you through a “control panel”.

7.4 The proportion of each sale receipt retained by us is as agreed by us in writing.

7.5 Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Provider Service in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.

7.6 We will pay you within 14 days of confirmed despatch of order.

7.7 If you have a bank account located in the UK, we will transfer money via the Internet, in full.

7.8 If you do not have an account in the UK, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on our website pages.

7.9 We will send you an invoice for our charges.

7.10 If we do or could earn interest on any cash balance in our control for the period between payment by a client and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.

7.11 If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.

7.12 If you have agreed to refund money to a client and refund his payment, we are not obliged to repay commission to you.

7.13 If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

8. Advertising your Provider Service

If you accept our offer to advertise market or promote your service, the following conditions apply.

8.1 We may use the services of a specialist Internet marketing business associated with Pemberton Rank Ltd.

8.2 We and not you will contract with any other person or company for specialist services. You will be under no obligation except to us for the price charged.

8.3 The price charged to you will include all payments we make to others.

8.4 The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on our website, we will deduct the cost from your account.

8.5 We give no guarantee as to the success of any advertising placed.

8.6 We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

9. Your Provider Service warranties

9.1 You warrant that any Provider Service you place on our website for sale:

9.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;

9.1.2 does not offend against the law of any country whose citizens might purchase it;

9.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through Pemberton Rank Ltd.

9.2 You warrant that you own the copyright of any Provider Service you place on our website for sale, or that you have the permission of the copyright owner:

9.2.1 to place the Provider Service on our website for sale;

9.2.2 to receive the net proceeds of such sales as arise;

9.2.3 to defend the copyright in the Provider Service.

10. How we handle your Content

10.1 If you Post Content to any public area of our website it becomes available to all the World. We have no control who sees it nor what anyone does with it.

10.2 You now irrevocably authorise us to publish feedback, comments and ratings about your services, services and activity through our website, even though it may be defamatory or critical.

10.3 Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

10.4 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

10.5 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

10.6 Please notify us of any security breach or unauthorised use of your account.

11. Restrictions on what you may Post to our website

We invite you to Post Content to our website for marketing your services. We have to regulate your use of our website to protect our business and our staff, to protect other users of our website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use our website to Post Content or undertake any activity which is or may:

11.1 be unlawful, or tend to incite another person to commit a crime;

11.2 be obscene, offensive, threatening, violent, malicious or defamatory;

11.3 be sexually explicit or pornographic;

11.4 promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;

11.5 be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;

11.6 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

11.7 give the impression that it emanates from us;

11.8 be made on behalf of some other person, or impersonate another person;

11.9 use a Posting to solicit responses unconnected with the purpose of our website or the terms proposed by this agreement;

11.10 promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);

12. Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

12.1 hyperlinks, other than those specifically authorised by us;

12.2 keywords or words repeated, which are irrelevant to the Content Posted.

12.3 the name, logo or trademark of any organisation other than yours.

12.4 inaccurate, false, or misleading information;

12.5 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

13. Security of our website

If you violate our website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.

You now agree that you will not, and will not allow any other person to:

13.1 modify, copy, or cause damage or unintended effect to any portion of our website, or any software used within it.

13.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

13.3 download any part of our website, without our express written consent;

13.4 collect or use any service listings, descriptions, or prices;

13.5 collect or use any information obtained from or about our website or the Content except as intended by this agreement;

13.6 share with a third party any login credentials to our website;

13.7 use on our website software which assists in:

13.7.1 data mining, extraction or collection;

13.7.2 emulating, hacking, password cracking, IP spoofing or over-loading our website;

13.7.3 “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.

13.7.4 performing any automated operation;

14. Copyright and other intellectual property rights

14.1 All Content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.

14.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.

14.3 For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

15. Interruption to the Service

15.1 We give no warranty that the Service will be satisfactory to you.

15.2 We will do all we can to maintain access to our website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.

15.3 You acknowledge that our Service may also be interrupted for reasons beyond our control.

15.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

16. Our disclaimers

16.1 We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.

16.2 Our website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

16.3 We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website.

16.4 Our website and services are provided “as is”. As to the website and services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:

16.4.1 as to fitness of our site and Service for a particular purpose;

16.4.2 as to availability and accessibility, without interruption, or without error;

16.4.3 any obligation, liability, or remedy in tort whether or not arising from our negligence;

16.5 Because we are not the agent or either seller or buyer, you now release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

17. Miscellaneous matters

17.1 You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

17.2 No amendment or variation to this agreement is valid unless in writing, signed by each of us or by our respective authorised representative.

17.3 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

17.4 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.5 For the purposes of the Data Protection Act 1998 you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

17.6 If you are in breach of any term of this agreement, we may:

17.6.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

17.6.2 terminate your account and refuse access to our website;

17.6.3 remove or edit Content, or cancel any order at our discretion;

17.6.4 issue a claim in any court.

17.7 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.8 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.9 When you visit our website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by Posting notices on our website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

17.10 Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

17.11 In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

17.12 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.

17.13 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

17.14 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

17.15 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

17.16 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.

Terms and Conditions applicable to a buyer of Services using blimpon.com

These terms and conditions are the contract between you and Pemberton Rank Ltd. (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Services on your behalf.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.

Blimpon is a trade name of Pemberton Rank Ltd, registered in England 7341337, whose registered address is at 483 Green Lanes, London, N13 4BS.

1. Definitions

“Content” means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

“Blimpon” means us. It also means the marketplace we operate and the business of operating it.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly;

“Service” means all of the services available from Our Website, whether free or charged.

“Provider” means a person who offers a Service for sale on Our Website.

“Our Website” means any website of ours, and includes all web pages controlled by us.

“User” means any person other than you who uses Blimpon or visits the website for any purpose.

"you” “yours” etc, means you, the party to this agreement.

2. Our contract

2.1 Blimpon is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.

2.2 Blimpon is a marketplace. We are not agents for a Provider in any way.

2.3 We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of you or Blimpon users.

2.4 We are responsible to you to take your money and pass it to the Provider.

2.5 These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.

2.6 We provide a market place for the supply of Services. We are in no way responsible for:

2.6.1 your locating and ordering a Service;

2.6.2 your choice of a Service;

2.6.3 any aspect of the provision of the Service;

2.6.4 payment for any Service;

2.6.5 any complaint about any Service.

2.7 If you use this website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave the website.

2.8 We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.

3. The buying procedure

3.1 Unless it is clear to the contrary, you may assume that every sale is made by a trader in the course of his business.

3.2 Prices listed on Our Website by Providers are inclusive of any applicable sales tax.

3.3 Services may be offered for sale subject to any discount or promotion arranged between Blimpon and the Provider.

3.4 Subject to discounts and promotions, Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately.

3.5 Services will be provided at the times and places specified in the website of each Provider.

3.6 Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

3.7 You are required to pay in the currency in which the item is listed for sale on Our Website.

3.8 Every sale will be subject to the laws applicable but there shall not be implied any right which is not a legal right and which is not set down in this document.

3.9 For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.

3.10 To make future use of Our Website easier and faster for you, we will retain the company, personal and contact information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For full information about personal information please see our privacy notice.

4. Security of your credit card

4.1 We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

4.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will not store your payment details on our systems. These details will be fully encrypted and stored at one of our online payment service providers. These details will only be used to process your automatic monthly payments or other transactions which you have initiated.

5. The Blimpon promise

5.1 To give you the utmost confidence in the Blimpon buying experience, we make the following promise:

5.2 If the Provider fails within a reasonable time, to supply a Service for which you have paid, or supplies a Service which is substantially different from what you ordered, we ourselves will refund the cost to you.

5.3 This promise is subject to the following conditions:

5.3.1 you must first follow the returns and refunds procedure set out on Our Website;

5.3.2 the maximum payment is £250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided to you by email;

5.3.3 the claim form must be completed truthfully and accurately;

5.3.4 you must provide a street address to us in one of: The European Union, the United States of America, Canada, Australia or New Zealand;

5.3.5 you are limited to a lifetime maximum of five claims;

5.3.6 you must not have requested a charge back from your credit card company.

5.4 The promise set out in this paragraph is non contractual. We shall operate it at our entire discretion.

6. If you buy as a consumer

If you are a citizen of the European Union and you buy as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, then:

6.1 If you cancel your contract within seven days of having made it, the Provider has a legal obligation to refund your payment in full.

6.2 The Provider is not under an obligation to refund your payment if it was reasonably necessary to start providing the Service before the expiry of seven days, and he did so.

7. Maintaining your personal information

7.1 You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.

7.2 So far as you submit information for publication, must be accurate and complete. It must not include information which might enable a user to contact you directly, such as a telephone number, email address or street address.

7.3 By registering with us, you accept that we may send to you from time to time offers by third parties to supply goods or services to you.

7.4 If or when you cancel your account, we may delete all your personal information and documents relating to you. We may also delete your information if you have not taken any active step for a period of at least 12 months.

7.5 We are not obliged to delete your personal information immediately. We are not liable for any action of a third party in their use of your information.

8. How we handle your Content

8.1 Our privacy policy is strong and precise. It complies fully with current UK law.

8.2 If you Post Content to any public area of Our Website it becomes available to all the World. We have no control who sees it nor what anyone does with it.

8.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

8.4 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.

8.5 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

8.6 You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.

8.7 You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

8.8 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

8.9 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

8.10 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

8.11 Please notify us of any security breach or unauthorised use of your account.

8.12 We solicit ideas or text for improvement of our Service. If you send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out above.

9. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

9.1 be unlawful, or tend to incite another person to commit a crime;

9.2 consist in commercial audio, video or music files;

9.3 be obscene, offensive, threatening, violent, malicious or defamatory;

9.4 be sexually explicit or pornographic;

9.5 promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;

9.6 be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;

9.7 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

9.8 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

9.9 be made on behalf of some other person, or impersonate another person;

9.10 use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

9.11 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

9.12 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

9.13 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

9.14 facilitate the provision of unauthorised copies of another person's copyright work;

9.15 link to any of the material specified in this paragraph;

9.16 promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);

9.17 use distribution lists that include people who have not given specific permission to be included in such distribution process;

9.18 consist in posting excessive or repeated off-topic messages to any forum or group;

9.19 send age-inappropriate communications or Content to anyone under the age of 18.

10. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

10.1 hyperlinks, other than those specifically authorised by us;

10.2 keywords or words repeated, which are irrelevant to the Content Posted.

10.3 the name, logo or trademark of any organisation other than yours.

10.4 inaccurate, false, or misleading information;

10.5 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

11. Removal of offensive Content

11.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

11.2 We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

11.3 If you are offended by any Content, the following procedure applies:

11.4 Your claim or complaint must be submitted to us by email.

11.4.1 we shall remove the offending Content as soon as we are reasonably able;

11.4.2 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

11.4.3 we may re-instate the Content about which you have complained or we may not.

11.5 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

11.6 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

12. Security of Our Website

We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.

If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.

You now agree that you will not, and will not allow any other person to:

12.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

12.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

12.3 download any part of Our Website, without our express written consent;

12.4 collect or use any product listings, descriptions, or prices;

12.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

12.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

12.7 for any purpose Blimpon, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;

12.8 use Our Website to hack into the computer of any other person or make contact with any other computer;

12.9 make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;

12.10 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;

12.11 upload or republish any part of our Content on any Internet, intranet or extranet site.

12.12 hide or remove the banner advertisements on any page of Our Website;

12.13 share with a third party any login credentials to Our Website;

12.14 use on Our Website software which assists in:

12.14.1 data mining, extraction or collection;

12.14.2 emulating, hacking, password cracking, IP spoofing or over-loading Our Website;

12.14.3 “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.

12.14.4 performing any automated operation;

12.15 Despite the above terms, we now grant a licence to you to:

12.15.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

12.15.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

13. Storage of Data

13.1 We assume no responsibility for the deletion or failure to store, deliver or timely deliver messages.

13.2 We may, from time to time and without notice, set limit(s) on the number of messages you may send, store, or receive through the service, and we retains the right to delete any emails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

14. Termination

14.1 You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement by sending notice to us by post or email. We reserve the right to check the validity of any request to terminate this agreement.

14.2 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

14.3 If you terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.

14.4 Termination by either party shall have the following effects:

14.4.1 your right to use Blimpon immediately ceases;

14.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party;

14.5 Whether we or you terminate this agreement, you are not entitled to any refund of any payments made. Refunds will be made in accordance with our standard refund terms as detailed above.

14.6 We retain the right, at our sole discretion, to terminate any and all parts of Blimpon provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

15. Copyright and Other Intellectual Property Rights

15.1 All content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.

15.2 You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

16. Interruption to the Blimpon Service

16.1 We give no warranty that the Blimpon Service will be satisfactory to you.

16.2 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Blimpon Service for repairs, maintenance or other reason. We may do so without telling you first.

16.3 You acknowledge that our Blimpon Service may also be interrupted for reasons beyond our control.

16.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Blimpon Service.

17. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

17.1 your use of Blimpon;

17.2 the breach or violation of this agreement by you;

17.3 the infringement by you, or by any other User of Blimpon using your computer, of any intellectual property or other right of any person or entity;

17.4 any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

18. Disclaimers about Blimpon

18.1 Your use of Blimpon is without any warranty or guarantee.

18.2 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.

18.3 We or our Content suppliers may make improvements or changes to the website, the Content, or to any of the services described on the website, at any time and without notice to you.

18.4 You are advised that Content may include technical inaccuracies or typographical errors.

18.5 Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

18.6 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

18.7 The Blimpon website and Blimpon Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

18.7.1 of satisfactory quality;

18.7.2 fit for a particular purpose;

18.7.3 available or accessible, without interruption, or without error.

18.8 So far as concerns Services you buy through Our Website, we are not liable for:

18.8.1 any service complying with the requirement of any law or being available;

18.8.2 the Provider performing his contract;

18.9 Because we are not the agent or either you or the Provider, you now release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.

19. Miscellaneous matters

19.1 No amendment or variation to this agreement is valid unless in writing, signed by each of us or by our respective authorised representative.

19.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

19.3 For the purposes of the Data Protection Act 1998 you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.

19.4 If you are in breach of any term of this agreement, we may:

19.4.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

19.4.2 terminate your account and refuse access to Our Website;

19.4.3 remove or edit Content, or cancel any order at our discretion;

19.4.4 issue a claim in any court.

19.5 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

19.6 No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

19.7 When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

19.8 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

19.9 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

19.10 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.

19.11 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

19.12 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

19.13 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.