- 1 SCOPE OF AGREEMENT
The usage of FINDERTODAY is bound by the FINDERTODAY. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
- 2 OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
- 2.1 The FINDERTODAY website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on FINDERTODAY, as well as any consequences that arise from doing so.
- 2.2 FINDERTODAY is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
- 3 USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
- 3.1 The usage of FINDERTODAY services is essentially available for everyone. A user registers on Locanto by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform FINDERTODAY of any changes to their account information.
- 3.2 The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. FINDERTODAY reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of FINDERTODAY, as stated in clause 4.3.
- 3.3 An entry on Locanto, referring to a classified ad, can only materialize/be published online via the following methods:
- • FINDERTODAY confirms the entry through an email, or
- • FINDERTODAY implements the entry and publishes it online.
- 3.4 FINDERTODAY reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when FINDERTODAY is used for unsuitable purposes.
- 3.5 FINDERTODAY reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
- 4 ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
- 4.1 The user is legally and solely responsible for the content of the advertisement(s) placed on the Locanto website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. The user is obliged to comply with the FINDERTODAY TOU and is expected to adhere to these terms when interacting with other Locanto users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
- 4.2 The user is not allowed to post content on the Locanto website that breaches this agreement, applicable rights and/or third party rights.
Prohibitions for the Locanto user include:
- • Violating the law or going against the Prohibited Policy
- • Conducting business in a dishonest and/or deceptive manner
- • Violating the rights of the third party
- • Spamming, posting chain letters, and placing ads for multi-level marketing ("MLM") and pyramid schemes
- • Using virus(es) and other technical items that may cause damage to Locanto or the interest of the users of Locanto
- • Causing excessive burden on the Locanto infrastructure and the smooth running operations of the Locanto website
- • Copying, duplicating, modifying or distributing the content of other advertisements
- • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
- • Bypassing measures that serve to limit and/or prevent access to Locanto
- 4.3 FINDERTODAY has the right to block, delete or freeze advertisements that are deemed to contain prohibited content (refer to 4.2). FINDERTODAY also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process FINDERTODAY gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the Prohibited Content Policy is breached.
- 5 INDEMNIFICATION/EXEMPTIONS
Locanto users are obliged to release FINDERTODAY from any claims or lawsuits brought forward by other Locanto users or third parties who have been in anyway affected by an advertisement’s content. Locanto users must shoulder any costs/claims arising from lawsuits directed at Yalwa, including all legal and juridical costs.
- 6 DUES/FEES
- 6.1 The usage of the Locanto website is essentially free of charge. However, FINDERTODAY reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
- 6.2 All fees shall be reflected and charged in the respective currency for each country. FINDERTODAY reserves the right to charge in other currencies for technical reasons.
- 6.3 Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not FINDERTODAY.
- 6.4 The user shall be informed about new invoices via an email that provides a link to the user’s “My Locanto” account. The invoice(s) can then be downloaded from this page. Yalwa ensures the protection of the user by sending these emails only to the registered email address on Locanto.
- 6.5 In the event of delayed payments for these services, FINDERTODAY reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
- 6.6 Yalwa reserves the right to change/modify the fees for services assiciated with optional features on the website without prior notice.
- 7 CHARGEABLE ADVERTISEMENTS WITH ADDITIONAL OPTIONS/FEATURES
Locanto users may book additional features to their advertisements. Should the user choose to delete the advertisement before the booked time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” booked time. FINDERTODAY does not reimburse the user for any portion of a discounted feature/service.
- 8 PUBLICATION OF ONLINE ADVERTISEMENT(S) ON RELATED INTERNET PLATFORMS OWNED BY FINDERTODAY
FINDERTODAY reserves the right to republish advertisement(s) on Locanto and on other websites owned by FINDERTODAY.
- 9 MODIFICATION OF ADVERTISEMENT CONTENT
- 9.1 The Locanto user may at any time modify or delete their advertisement.
- 9.2 The Locanto user has the right to demand the removal or deletion of the user’s own ads from the website. Yalwa shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
- 10 LIABILITY LIMITATIONS
- 10.1 The user agrees not to hold Yalwa responsible for things other users post or do. As most of the content on Locanto comes from other users, FINDERTODAY does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to FINDERTODAY's services cannot be guaranted. To the extent legally permitted FINDERTODAY expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.FINDERTODAY is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the Locanto website, even if FINDERTODAY has been advised or could have reasonably forseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
- 10.2 Despite the previous paragraph, if FINDERTODAY is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to Yalwa in the 12 months prior to the action giving rise to liability, or (b) 100 Euros.
- 11 MISCELLANEOUS
- 11.1 The transfer of rights and obligations of Locanto users to third parties require the approval of Yalwa.
- 11.2 The disclosure of log in details and passwords to third parties, including Locanto users is prohibited.
- 11.3 If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Wiesbaden, Germany.
- 11.4 The legal relationship between FINDERTODAY and the Locanto user is subject to the rights of the Federal Republic of Germany to the/with the exclusion of the UN consumer rights (CISG) and conflicts to the provisions of German rights.