Terms and Conditions for The FD Forum MarketPlace

 

1. Acceptance of Terms

By accessing or using the FD Forum Marketplace (hereinafter referred to as “the Marketplace”), you agree to comply with and be bound by these Terms and Conditions.  If you do not agree with any part of these terms, you may not use the Marketplace.

 

2. User Registration

2.1 To access certain features of the Marketplace, you will be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

 

3. Listings and Transactions

3.1 The Marketplace provides a platform for users to buy and sell goods and services. Users are solely responsible for the accuracy and content of their listings.

3.2 The Marketplace does not guarantee the quality, safety, or legality of the items or services advertised, the truth or accuracy of listings, or the ability of sellers to sell items.

3.3 Users agree to resolve any disputes directly with the other party involved and release the Marketplace from any claims, demands, or damages arising out of or in connection with such disputes.

 

4. Fees and Payments

4.1 The use of the Marketplace is generally free. However, certain features may require payment of fees. Any fees will be clearly disclosed and may be subject to change.

4.2 Users agree to pay all fees and charges associated with their account on a timely basis.

 

5. Prohibited Activities

5.1 Users agree not to engage in any prohibited activities, including but not limited to fraud, hacking, unauthorised access, or any activities that violate applicable laws or regulations.

5.2 Users agree not to infringe on the intellectual property rights of others, including but not limited to copyrights, trademarks, and patents.

5.3 Users will agree that no Listing will include any material that is illegal, obscene, indecent, pornographic, abusive, threatening, defamatory, discriminatory, liable to incite hatred, in breach of confidence or privacy, or for which the Advertiser has not obtained all the necessary licences or approvals

5.4 FD Forum MarketPlace is entitled, at its sole discretion, to withdraw any Listing from display on the Website in the event that it receives any complaint about the Listing, or its contents, or it becomes aware of any allegation or claim that the Listing does not comply with the conditions of clause 5.3 above or that it contravenes any applicable law, regulation or advertising code, or that it infringes the rights of any third party. If FD Forum MarketPlace receives any such complaint it shall notify the Advertiser and may, at its sole discretion, give the Advertiser a reasonable opportunity promptly to respond to the complaint; however nothing shall oblige FD Forum MarketPlace to give any such notice. If FD Forum MarketPlace withdraws a Listing without first giving the Advertiser an opportunity to respond, it will promptly inform the Advertiser of such withdrawal and the reasons for it. If a Listing is withdrawn by FD Forum MarketPlace in accordance with this Clause 5.3, no refund shall be payable by FD Forum MarketPlace to the Advertiser.

5.5 The Advertiser hereby indemnifies and holds FD Forum MarketPlace harmless against any liability FD Forum MarketPlace incurs (including, without limitation, all costs, claims, demands, liabilities, expenses, damages or losses) resulting from any claim or allegation that arises from a breach of the warranties in Clause 5.3 above. This indemnity will survive the termination or expiry of these Terms.

 

6. Privacy

6.1 The Marketplace respects user privacy. Please review our Privacy Policy to understand how we collect, use, and disclose information.

6.2 By using the Marketplace, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

 

7. Termination

7.1 The Marketplace reserves the right to terminate or suspend access to your account and the services at its sole discretion, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users or third parties.

 

8. Changes to Terms

The Marketplace reserves the right to modify or update these Terms and Conditions at any time. Users are encouraged to review the terms periodically for changes. Continued use of the Marketplace after changes are made constitutes acceptance of the modified terms.

 

9. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in the United Kingdom.

By using the FD Forum Marketplace, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with these terms, please do not use the Marketplace.

 

10. Force Majeure

If FD Forum MarketPlace is prevented or delayed in the performance of any of its obligations under these Terms by circumstances beyond its reasonable control (for example, failure of a utility service or telecommunications provider), it may notify the Advertiser, and will, subject to having taken all reasonable steps to avoid the prevention or delay, have no liability in respect of the obligations prevented or delayed, until FD Forum MarketPlace is in a position to recommence the affected operations.

 

11 Limitation of Liability

11.1 Nothing in these Terms will operate to limit or exclude either Party’s liability for death or personal injury resulting from that Party’s negligence or either Party’s liability for fraud or fraudulent misrepresentation or any liability which cannot be excluded by applicable law.

11.2 Subject to Clause 11.1, FD Forum MarketPlace will not be liable to the Advertiser for any of the following:

11.2.1 loss of revenue; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of money; loss of anticipated savings; interruption of service; loss of business; loss of opportunity; loss of goodwill; any loss or damage sustained by or in respect of a third party; loss of or damage to reputation; loss or corruption of data; loss of management or administrative time; legal and professional expenses; or

11.2.2 any indirect or 11.2.2 any indirect or consequential loss or damages however caused which arise directly or indirectly from these Terms