Oninterestfree.com Merchants Agreement
Introduction
Welcome to oninterestfree.com. These terms and conditions apply to the services available from the domain and sub-domains of http://www.oninterestfree.com/ , the "Site". In this User Agreement, all oninterestfree.com contracting parties are known as "oninterestfree.com", "we", "us" or "our".
Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become an account holder of oninterestfree.com, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and oninterestfree.com.
This User Agreement is valid from 1 March 2008 and is effective upon acceptance for new users.
Using Oninterestfree.com
You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your oninterestfree.com account has been suspended.
While using the Site, you will not:
post, list or upload content or items in inappropriate categories or areas on the Site;
breach any laws, advertise any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
breach our policies;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate oninterestfree’s fee structure, the billing process, or fees owed to oninterestfree.com;
post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-oninterestfree.com sites, or using it for purposes unrelated to oninterestfree.com);
transfer your oninterestfree.com account (including feedback) and User ID to another party without our express consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm oninterestfree.com, or the interests or property of oninterestfree.com users;
copy, modify, or distribute oninterestfree.com's copyrighted works or trade marks, or other content from the Site, without our express consent; or
harvest or otherwise collect information about users, including email addresses, without their express consent;
By registering with oninterestfree.com as a business entity, you represent that you have the authority to legally bind that entity. By trading as a business on oninterestfreee.com, you must comply with all applicable laws relating to online trading.
We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and oninterestfree.com agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Abusing Oninterestfree.com
Please report problems, offensive content, and policy breaches to us and we will investigate.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by removing listings and other hosted content), warn the oninterestfree.com community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
we think that you are creating problems (including, without limitation, by harassing oninterestfree.com staff or other users) or exposing us or another oninterestfree.com user to financial loss or legal liabilities;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.
You agree not to hold oninterestfree.com responsible for any loss you may incur as a result of oninterestfree.com taking any of the actions described above.
Fees
Unless otherwise stated, all fees are payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
Liability
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold oninterestfree.com responsible for other users' actions or inactions. At no point do we have possession of anything listed or sold through the Site.
We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold oninterestfree responsible for the actions or inactions of buyers or sellers involved in transactions or for ensuring that they actually complete transactions.
We have no control over, do not guarantee, and you will not hold us responsible for:
the quality, safety or legality of items advertised;
the truth or accuracy of listings;
the truth or accuracy of feedback or other content posted by users on the Site;
the ability of sellers to sell items;
the ability of buyers to pay for items; or
whether a buyer or seller will actually complete a transaction.
Please 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.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult.
Oninterestfree.com cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Site.
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to oninterestfree.com by our users or third parties. 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:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of oninterestfree.com and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass measures we may use to prevent or restrict access to the Site.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the oninterestfree.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United Kingdom that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the oninterestfree.com Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Compensation
You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Notices
Except as explicitly stated otherwise, notices to oninterestfree.com shall be sent by registered mail to oninterestfree.com, 94 Greenfield Drive, Eaglescliffe, Stockton, TS16 0HN. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to oninterestfree.com when you registered an account with us. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
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.
Governing Law and Dispute Resolution
This User Agreement shall be governed by and construed in accordance with English law. You and oninterestfree.com both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and oninterestfree.com, we strongly encourage you to first seek a resolution by contacting oninterestfree.com Customer Support. Alternatively you may address complaints to oninterestfree.com, 94 Greenfield Drive, Eaglescliffe, Stockton, TS16 0HN. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
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.
In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
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.
We may amend this User Agreement at any time either by e-mail or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content License, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.
If you have any questions about this User Agreement please contact oninterestfree.com Customer Support.