1.1 The terms of service set out below (“Terms”) form a legally binding contract (“Agreement”) between you (being any user, Buyer and/or Seller) (referred to herein as "you" or "your") and us.
1.2 The Agreement governs your access and/or use of (a) the website (Pets or Parents) ("Website"), (b) the Picklz mobile app (“App”), and (c) the services provided by Applikation Ltd a company registered in the Isle of Man under company number 132641C and currently with a registered office at 2nd Floor, 14 Athol Street, Douglas, IM1 1JA, Isle of Man. (“Applikation”, “we”, “us” or “our”) via the App (“Services”).
2.1 The Website, App and the Services are operated and provided by Applikation. To contact us, please email our customer service team at email@example.com
3.1 Our App provides guidance on offers and products relevant to the pet profile of the user. This is provided on a subscription basis where subscribed users are granted access to the offers area of the application. The app also offers curated feeds and content relating to the profile of the pet.
3.2 Our App is also a marketplace that allows users to offer, sell and buy products and services. We do not have possession of anything listed and/or sold through our App and we are not involved in the actual transaction between buyers who may use the App and/or buy goods and/or services using the App ("Buyers") and sellers who may use the App and/or sell goods and/or services using the App ("Sellers"). The contract for the sale is directly between Buyer and Seller.
4.1 By accessing, browsing, and/or creating an account (whether it is you or on your behalf) and/or reviewing information on the App and/or the Services and/or otherwise using (referred to herein as "use" or “using”) the Website, our App placing, you hereby confirm that you have read, understood, accept our Terms and that you agree to comply with them. If you do not agree with our Terms, you must not in any circumstances use the Website, our App and/or the Services.
5.1 Whilst we may provide information on our App, this information is solely informational and is not an inducement. The information is not intended to address your needs and/or requirements. The information is not intended to be relied upon by you in making (or refraining from making) any decisions.
5.2 If you are unsure or unclear about anything on the App, then please do not use the App at all and/or before using the App, you should seek independent advice in relation to the App as you may require.
5.3 You hereby warrant, represent and undertake that you shall only use our App and/or take any actions relating to our App using your own skill, judgment and experience and that we do not provide any warranties, representations, undertakings and/or any other assurances (of whatever nature and howsoever arising) regarding any actions and/or inaction that you may take in relation to or in connection with any matters or issues relating to our App.
5.4 We and/or the App are not and/or do not act as [e.g. pet vet, paediatrician etc.]. Information on the App does not constitute (a) [e.g. medical], (b) professional advice and/or service, and/or inducement, and/or (c) recommendations, warranties, representations, undertakings and/or assurances. The Information on the App may not be used for and/or relied upon for the purposes set out in this paragraph.
5.5 No professional, advisory, fiduciary and/or other relationship is created by (a) accessing and/or or using the Website, the App and/or Services, and/or (b) communicating by way of email (or otherwise) and/or through the App.
5.6 All enquiries regarding listings, products and/or services must be made to the relevant Seller on the App and we cannot and will not be able to answer any queries, questions and/or enquiries regarding the products and/or services advertised on the App.
5.7 BY USING THE WEBSITE, APP AND/OR OUR SERVICES, YOU HEREBY EXPRESSLY AGREE THAT: (1) LISTINGS AND/OR ALL DETAILS RELATING TO ADVERTISED PRODUCTS AND/OR SERVICES SHALL BE THE RESPONSIBILITY OF THE RELEVANT SELLER AND NOT THE RESPONSIBILITY OF APPLIKATION; (2) WE DO NOT IN ANY CIRCUMSTANCES AND IN ANY WAY ENDORSE, CHECK AND/OR VALIDATE ANY SELLER’S AND/OR BUYER'S CREDENTIALS, LISTINGS, AND/OR ADVERTISEMENTS THAT MAY APPEAR ON THE APP; AND/OR (3) YOU WILL NOT TAKE ANY ACTION AND/OR MAKE ANY CLAIMS OF WHATEVER NATURE AND HOWSEOVER ARISING AGAINST APPLIKATION AND/OR ANY OF ITS DIRECTORS, OFFICERS AND/OR ASSOCIATED AND/OR AFFILIATED COMPANIES IN RELATION TO ANY SELLER’S AND/OR BUYER'S CREDENTIALS, LISTINGS AND/OR ADVERTISEMENTS AND/OR INFORMATION THAT MAY APPEAR ON THE APP FROM TIME TO TIME PROVIDED THAT THIS SHALL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER TO THE EXTENT THAT SUCH RIGHTS CANNOT BE EXCLUDED OR LIMITED.
6.1 We do not arbitrate nor resolve disputes and/or complaints between Sellers and Buyers regarding their use of the App, Services and/or any information, data, content thereon. We have no control over, do not verify and do not give warranties, make representations, provide undertakings, give guarantees and/or make commitments for and/or give any assurances on behalf of a Buyer and Seller as to (a) the existence, quality, safety, legality and/or the compliance of information, data and/or claims provided by a Seller, Buyer on the App with applicable (i) local, national and/or international laws and regulations, and/or (b) the truthfulness, completeness, validity, availability, and accuracy of a Seller’s and/or Buyer's content, including Seller and/or Buyer listings and/or whether they are up-to-date, complete and/or accurate, and/or (c) the ability of Sellers to sell items, the ability of Buyers to pay for items, and/or that a Buyer and/or Seller will actually complete a transaction and/or return an item and/or give refunds.
6.2 We do not review, endorse and/or verify Sellers’ and/or Buyers’ identity, content, data, information provided on the App and/or Seller listings.
6.3 If a Seller and/or Buyer have a dispute and/or complaint (or wish to make a complaint) about Sellers’ and/or Buyers’ content, data, and/or information provided on the App and/or Seller listings, then (a) the complaint must be made to the relevant Seller and/or Buyer and/or (b) the dispute must be resolved by the relevant Seller and/or Buyer, and in all cases and circumstances every Seller and/or Buyer by using the App hereby agrees not to take any action and/or make any claim (of whatever nature and howsoever arising) against us where the action and/or claim is caused by and/or relates to any act and/or omission of any Seller and/or Buyer.
7.1 To use the App, you must download it via an app store. A link is also provided on the Website which will take users to an app store.
7.2 When you use our App, additional terms apply to you based on the mobile device the App is installed on. These are as follows:
7.3 iOS – Apple
7.3.1 These Terms are an agreement between you and us, and not with Apple. Apple is not responsible for the App and the content thereof.
7.3.2 We hereby grant you the right to use the App only on an iOS product that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service.
7.3.3 Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
7.3.4 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim.
7.3.5 Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and/or (c) claims arising under consumer protection or similar legislation.
7.3.6 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
7.4 Use of the App will diminish the battery life of a Seller’s and/or Buyer’s mobile device(s), at a rate faster than had the Buyer and/or Seller not used their mobile device(s) to use the App.
8.1 We may revise our Terms from time to time and will post the most current version on our Website and/or the App as soon as possible after the revised Terms become effective.
8.2 Every time you wish to use the Website, App and/or Services, please check this page again to ensure you understand the Terms that apply at that time.
8.3 By continuing to use the Website, App and/or Services after the revisions come into effect, you agree to be bound by the revised Terms. We may also update and change the Website, App and/or Services from time to time. We will try to give you reasonable notice of any major changes but we are not obliged to do so.
9.1 The App not intended for and may not be used by people under the age of 18. By using the App accepting these Terms, you warrant, represent and undertake that you are 18 years old or above.
9.2 It is the responsibility of the Sellers and/or Buyers to (a) protect against unauthorised use of their App account, (b) ensure that no-one else (apart from the Sellers and/or Buyers) use their App account while they and/or their devices are logged on to the App (including by logging on to their mobile devices through a mobile, Wi-Fi or shared access connection they are using), (c) log off or exit from their App account when not using it, (d) keep their password or other access information secret. Their password and log in details are personal to them and should not be given to anyone else and/or used to provide shared access other than them e.g. over a network. Sellers and/or Buyers must use a password which is unique to their App account, and (e) maintain good internet security. If their email accounts are compromised, this could allow access to their App account. You must tell us as soon as possible after you become suspicious or aware of this by emailing us at firstname.lastname@example.org.
9.3 We shall not be responsible or liable for any consequences arising out of or relating to any breaches of a Seller’s and/or Buyer’s computer systems. Furthermore, we shall not in any event be responsible and/or liable for any actions and/or inactions that you may take and/or consequences that you may suffer and/or incur as a result of using or in connection with the Website, App and/or Services. In particular, we will not be responsible or liable for any phishing emails, hacking events and/or spoof emails and/or other communications that you may receive and/or act upon where these emails and/or communications purport to be from us but are not genuinely from us and/or have been generated or created by third parties in order to induce you to undertake certain actions and/or inactions (including but not limited to where the purpose of such emails and/or communications being sent to you is some kind of fraudulent activity).
10.1 We are not responsible and/or liable for (a) failure, breakdown, difficulty or interruption in functioning, preventing access to the Website, App and/or Services. The Website, App and/or Services are provided with no representation, guarantee and/or agreement of any kind as to their ability to function, (b) the equipment for connecting to the Website, App and/or Services by a Buyer and/or Seller, is under their entire responsibility. The Buyer and/or Seller must take all appropriate measures to protect their equipment and their own data, particularly from virus attacks via the internet. Buyers and/or Sellers are also solely responsible for the sites and data that they consult, (c) legal action against a Seller and/or Buyer, due to the use of the Website, App, Services and/or any service accessible over the internet and/or due to non-compliance by them with the Terms, (d) any damage caused to a Buyer, Seller and/or to third parties and/or to their respective equipment due to their connection to and/or use of the Website, App and/or Services, howsoever arising, and the Buyers and/or Sellers hereby waive any action against Applikation in this regard, (e) circumstances in which any failure in providing the Website, App and/or Services in part or in full, occurs. These circumstances can include, but are not limited to (i) unforeseen and unavoidable circumstances that are beyond our control, (ii) loss of mobile network, and/or (iii) when a Seller and/or Buyer are not in an area of mobile coverage, (f) any virus and/or any other harmful malware being transmitted onto all and/or any of the mobile device(s) of Sellers and/or Buyers. It is the a Seller’s and/or Buyer’s responsibility to ensure that any and/or all of their respective mobile device(s) are protected from viruses and/or any other harmful malware, and (g) (i) service impairments caused by acts within the control of a Seller and/or Buyer, (ii) interoperability of specific user applications or equipment, (iii) the inability of a Seller and/or Buyer to access and/or interact with any other service provider through the internet, other networks and/or users that compromise the internet and/or the informational or computing resources available through the internet, (iv) interaction with other service providers, networks, users or informational or computing resources through the internet, (v) services provided by other service providers; and/or (vi) performance impairments caused elsewhere on the internet.
11.1 Subject to the compliance of the Sellers and/or Buyers with these Terms and all applicable local, national and/or international laws and regulations (“Laws”), we hereby grant Sellers and/or Buyers a limited, non-exclusive, non-sub-licensable, revocable, non-transferable right to use the Website, App and/or Services.
11.2 Sellers and/or Buyers shall not at any time (a) use (or try to use) the Website, App and/or Services in violation of these Terms and applicable Laws, (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit and/or make the Website, App and/or Services available to any third party, (c) modify, adapt, hack the Website, App and/or Services and/or gain (or, in each case, try to gain) unauthorised access to the Website, App and/or Services and/or related systems or networks, (d) falsely imply any sponsorship and/or association with us, (e) use the Website, App and/or Services in any illegal way or for any illegal purpose, such as violation of any person’s rights including privacy rights, (f) use the Website, App and/or Services to send unsolicited communications junk mail, spam, and/or other forms of duplicative and/or unsolicited messages, (g) use the Website, App and/or Services to store and/or transmit any content that infringes any person’s rights including but not limited to IP rights, (h) use the Website, App and/or Services in any way that could damage, disable, overburden, impair and/or compromise the Website, App and/or Services and/or or security and/or interfere with other users and/or disrupt the integrity and/or performance of the Website, App and/or Services and/or cause or give rise to any liability for us, (i) use (or, in each case, try to do so) any other users’ accounts, (j) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy and/or otherwise access and/or discover the source code and/or underlying program of the Website, App and/or Services, (k) use the Website, App and/or Services to post, transmit, upload, link to, send and/or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”), (l) use the Website, App and/or Services for the purposes of cookie tracking, ad exchanges, ad networks, and/or data brokerages in violation of applicable Laws, and/or (m) display, post, frame, and/or scrape the Collective Content for use on another web site, app, blog, product, platform and/or service, except as otherwise expressly permitted by these Terms, (n) frame or scrape or in-line link to the Website, App and/or Services and/or any Collective Content (as defined in section 14 below) and/or make use of web crawler, spidering and/or other automated means to access, copy, index, process and/or store any Collective Content made available on and/or through the Website, App and/or Services other than as expressly authorised by us, (o) circumvent (or try to do so) exclusionary protocols that may be used in connection with the Website, App and/or Services, (p) access parts of the Website, App and/or Services and/or Collective Content to which you are not authorised, and/or (q) use (or try to do so) the Website, App and/or Services in a way that we consider in our absolute and sole discretion improper, unfair and/or unreasonable including (but not limited to) copying (in whole or in part) the Website, App and/or Services (or any part of it), infringing any of our rights, title and/or interest in, in relation to and/or in connection with the Website, App and/or Services (including but not limited to any of our IP Rights or any similar rights and/or any rights that are licensed to us by any parties including but not limited to other Sellers and/or Buyers and/or any other third parties).
11.3 If we inform a Seller and/or Buyer that a specified activity and/or purpose is prohibited with respect to the Website, App and/or Services and/or Collective Content, the relevant Seller and/or Buyer will immediately cease their respective use of the Website, App and/or Services and/or Collective Content for such prohibited activity and/or purpose.
11.4 We reserve the right to audit at any time the use of the Website, App and/or Services by a Seller and/or Buyer in order to verify their compliance with these Terms and/or applicable Laws.
11.5 For the purposes of these Terms, “IP rights” means all and/or any patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
12.1 A Seller wishing to use the App must agree terms with Applikation relating to the provision of products/services. Once complete the Seller must register an account on [www.Picklz.app] and create a company profile. If you are a Seller, once you have created your company account, you can create a listing for each of your products and/or services using your listing dashboard. The listing dashboard will show active offers, the number of views for each of the products and/or services you list.
12.2 The dashboard will also allow you to track, manage and upload offers.
12.3 When a listing is created, it will not become publicly available on the App straight away. It may first be reviewed by us and we may refuse to publish a listing in our absolute and sole discretion (but if we do conduct a review, we shall have no liability and/or responsibility regarding that review and/or the listing such that the listing shall at all times remain the entire responsibility of the Seller). If we request changes to a listing before publication, a Seller must make such changes as otherwise, the listing will not be published.
12.4 Sellers are at all times responsible for ensuring that their listings are (a) accurately and truthfully described (and if using images accurately and truthfully reflected and if images are used then you have and own all IP Rights in relation to those images), and (b) up-to-date including availability. Sellers will immediately stop using the data, information and/or images on or through the App if such data, information and/or images no longer accurately and truthfully describe the listings (and if using images accurately and truthfully reflect the listings).
12.5 Sellers hereby grant us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable right to use data, information and/or images in their listings for advertising, marketing and/or any other business purposes in any media and/or platform, whether in relation to their listings and/or otherwise, without further notice and/or compensation to them.
13.1 Buyers can visit and browse the Website without registering an account on the Website. However, Buyers will need to register an account in the App if they want to use the App after downloading it to their mobile device.
13.2 Buyers can browse the App for free but if they want to receive personalised content then they will need to sign up to our subscription service and details of this service is set out in the App.
13.3 We reserve our rights to change our prices and payment terms at any time and/or also from time to time.
14.1 The Picklz App enables Buyers and Sellers to create, upload, post, send, receive and store content, such as text, photos, and/or other materials and information on or through the App ("Content"). The App enables Buyers and Sellers to access and view Content and any content that we ourselves make available on or through the App, including proprietary Applikation content and any content licensed or authorised for use by or through the Website, App and/or Services from a third party ("Applikation Content") and together referred to herein as App content "App Content").
14.2 Sellers and Buyers will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast and/or otherwise exploit the Website, App and/or Services and/or Collective Content, except to the extent you are the legal owner of certain Seller Content and/or as expressly permitted in these Terms. No licences, rights, title and/or interest are granted by Applikation to Sellers and/or Buyers by implication and/or otherwise under any IP rights owned and/or controlled by Applikation and/or its licensors, except for the licences and rights expressly granted in these Terms.
14.3 By creating, uploading, posting, sending, receiving, storing, and/or otherwise making available any Content on and/or through the App and/or Services, you hereby grant to Applikation a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, paid up, assignable and transferable license to such Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, allow others to access and use, and otherwise exploit in any manner such Content to provide and/or promote Applikation, the Website, App and/or Services as Applikation deems necessary and/or desirable from time to time, in any media and/or platform (“Content Licence”). Nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your own Content.
14.4 The Sellers and/or Buyers shall, at their own cost, promptly perform and/or procure the performance of all further acts and things, execute, deliver and/or procure the execution and/or delivery of all further documents required by applicable Laws and/or which Applikation requests, to vest in the full benefit in Applikation of the Content Licence granted to Applikation under this section 14. The Sellers and/or Buyers hereby irrevocably appoint Applikation to be their attorney in their name and on their behalf to execute documents, use the name of the Sellers and/or Buyers and do all things which are necessary and/or desirable for Applikation to obtain for itself or its nominee the full benefit of the Content Licence.
14.5 You must not make available on or through the App any Content (including, but not limited to, photos and/or images in listings or otherwise) that (a) you are not the exclusive owner(s) thereof and/or (b) you do not have all rights (including IP rights), licenses, consents and releases that are necessary to grant to us the rights in and to such Content, as contemplated under these Terms.
14.6 You are solely responsible for all Content that you make available on and/or through the App and/or Services. Accordingly, you warrant, represent and undertake that (a) you either are the sole and exclusive owner(s) of all Content that you make available on or through the App and/or Services and/or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in and to such Content, as contemplated under these Terms, and (b) neither your Content nor your posting, uploading, publication, submission and/or transmittal of the Content and/or our use of the Content (and/or any portion thereof) will infringe, misappropriate and/or violate a third party's rights including IP rights, rights of publicity, rights of privacy, and/or result in the violation of any applicable Laws.
14.7 You must not post, transmit, upload, link to, send and/or store any content (including, but not limited to, photos and/or images in listings or otherwise) that (a) infringes third party rights (including IP rights) , and/or (b) is fraudulent, false, misleading (directly or by omission or failure to update information), deceptive, unlawful, hateful, abusive, obscene, harmful, threatening, defamatory, obscene, infringing, harassing, offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, breaches these Terms and/or our then current policies or standards, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or age and/or in a way that is otherwise illegal and/or causes damage or injury to any person and/or property, and/or objectionable to us, third parties, and/or property.
14.8 We may at any time, without prior notice, remove and/or disable access to any Content that we find to be in breach of any of these Terms, or otherwise may be harmful.
14.9 We may perform analytics for research, statistical and/or other purposes on Content made available on or through the App.
15.1 If Sellers and/or Buyers believe in good faith that any content on the Website, App and/or Services infringe copyright you own, please send a notice of copyright infringement containing the following information to email@example.com (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed, (b) identification of works or materials being infringed, (c) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence, (d) contact information about the notifier including address, telephone number and email address, and (e) a statement that the notifier has a good faith belief that the material is not authorised by the copyright owner, its agent, and/or applicable Laws. We do not take any responsibility for and cannot accept liability for any content that is posted by Sellers and/or Buyers on the App but we will take down any infringing material from the Website, App and/or Services as soon as reasonably practicable following notification to us of such infringing material by any third party and following an investigation by us including verification that the relevant content does infringe third party rights, that the third party complainant has legitimate ownership rights to the relevant content and/or that the third party complainant has legitimate and verifiable and justifiable claims relating to that content.
16.1 “Data” means files, data, personal Data and/or special category data and any other information assets (a) subjected to and/or made available through the Website, App and/or Services, and/or (b) contained in the Website, App, Services and/or otherwise inserted by the Sellers and Buyers (in each case, including their respective officers, directors, employees, contractors and/or agents).
17.1 Please note that we occasionally release features and/or services that we would like to test or evaluate on the Website, App and/or Services - they will be marked as ‘beta’, ‘preview‘, ‘early access’, ‘evaluation’ or similar terms (“Test Services”). Sellers and/or Buyers acknowledge and agree that such Test Services (a) may not be as reliable as the Website, App, Services and/or features provided by us and (b) are subject to these Terms.
18.1 We welcome Feedback. “Feedback” means any and/or all information relating to use, testing and/or evaluation of the Services and any products, services and/or materials and includes any and/or all feedback, suggestions, and/or ideas Sellers and/or Buyers provide to us concerning modifications, additions, changes, features, functionalities, ideas, improvements, enhancements and/or derivations to the Website, App, and/or the Services. Sellers and/or Buyers hereby grant us a worldwide, non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free and fully paid up licence to make, use, publish, copy, modify, sell, distribute, sub-license, and create derivative works of the Feedback any purpose including for use as part of the Website, App, Services and/or Test Services without any compensation to them and their feedback shall not be deemed their confidential information.
18.2 The Sellers and/or Buyers shall, at their own cost, promptly perform and/or procure the performance of all further acts and things, execute, deliver and/or procure the execution and/or delivery of all further documents required by applicable Laws and/or which we request, to vest in the full benefit of the feedback licence above granted to us under this section 18. The Sellers and/or Buyers hereby irrevocably appoint us to be their attorney in their name and on their behalf to execute documents, use the name of the Sellers and/or Buyers and do all things which are necessary and/or desirable for us to obtain for ourselves or our nominees the full benefit of the feedback licence above.
19.1 All title, interest and rights in the Website, App, Services, Applikation Content, our Trademarks (and in each case associated IP rights) (“Applikation Assets”) are owned by us, our licensors and/or authorising third-parties. The Applikation Assets are protected by IP rights in accordance with applicable Laws. These Terms do not grant you any right, title and/or interest in any and/or all of the Applikation Assets including IP rights and/or licences. Sellers and/or Buyers will not remove, alter and/or obscure any copyright, Trademark and/or other proprietary rights notices incorporated in and/or accompanying the Website, App, Services, Applikation Content and/or Collective Content. You retain any right, title and/or interest you may have in the Data and IP rights of the Sellers and/or Buyers.
19.2 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trade Marks”) of Applikation used on and/or in connection with the Website, App, Services and Applikation Content are trademarks or registered trademarks of Applikation. Trademarks of third parties used on and/or in connection with the Website, App, Services, Applikation Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
19.3 All title, interest and rights (including but not limited to all IP rights) at all times in all of the aggregated Seller Content and Collective Content are owned by us and/or our applicable licensors.
20.1 Buyer and Sellers can terminate their account at any time by writing and giving prior express written notice to us by email to our email address at [firstname.lastname@example.org] (where such notice is clearly noted as being a termination and is specifically marked and referred to as a Termination Notice), provided always that any fees that may have already been paid are non-refundable and any monies that are due, owing or payable prior to the date of termination shall still remain due, owing and payable and shall all be paid by buyers to us upon termination. Buyers and Sellers hereby agree and acknowledge that termination of their respective account (by Buyers, Sellers and/or us) may lead to the loss, deletion and/or destruction of any Data and/or information relating to that account and that we will have no liability (of whatever nature and howsoever arising) in relation to the deletion and/or loss and/or destruction of Data and/or information in and/or relating to that account.
20.2 We may suspend the Sellers’ and/or Buyers’ use of the Website, App and/or Services and/or terminate an App account for any reason whatsoever, at any time at our absolute and sole discretion without incurring any liability. For example, this could be because (a) listings are not kept up-to-date regularly and, if they are, they are not kept up-to-date with accurate, up to date and complete data and/or information, (b) we decide to stop making available the Website, App and/or Services for use in the jurisdiction where Buyers or Sellers reside and/or from where they are attempting to use the Website, App and/or Services, (c) we believe that Buyers and/or Sellers acted or are acting in breach of these Terms and/or applicable Laws including (but not limited to) breach of section 11 (Use Restrictions), section 14 (Content) etc., and/or (d) we are required by applicable Laws, court, regulatory and/or governmental authority to suspend the Buyers’ and/or Sellers’ use of the Website, App and/or Services We will use reasonable efforts to notify the relevant Buyers and/or Sellers if we suspend their use of the Website, App and/or Services and/or terminate an account.
20.4 Suspension or termination of their respective accounts shall not affect any of our rights, remedies, obligations or liabilities that have accrued up to the date of suspension or termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of suspension, termination and/or expiry.
21.1 We are not responsible and/or liable for any use to which Sellers and/or Buyers put the Website, App and/or Services. The Website, App and/or Services are not produced to their specifications - it is their responsibility to satisfy themselves that it is and will be is appropriate for their purposes. Also, the Website, App and/or Services are provided “as is” and “as available” - we do not warrant, represent, undertake, guarantee and/or provide any assurances that they are and will be available and/or accessible and/or accurate and/or up to date and/or complete at any and/or all times.
21.2 We do not warrant, represent, undertake, guarantee and/or provide any assurances (whether express or implied or otherwise) that (a) the use of the Website, App and/or Services will be uninterrupted, bug-free, fault-free and/or error-free, and (b) any result and/or operation (in each case, expected and/or intended) can be achieved and/or that if any result is achieved then whether or not that result will be useful or of benefit to you.
21.3 All other conditions, warranties, representations, undertakings, guarantees, assurances and/or other terms which might have effect between Applikation and Sellers and/or Buyers, be implied and/or incorporated into these Terms (and/or any collateral contract) whether by statute, common law or otherwise, are excluded, including the implied conditions, warranties and/or other terms as to satisfactory quality, fitness for a particular purpose, the use of reasonable skill and car and non-infringement of third-party rights (including IP rights).
22.1 Nothing in these Terms shall limit or exclude any liability of Applikation for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.
22.2 To the fullest extent permitted by applicable law, Applikation shall not in any circumstances have any liability for any losses and/or damages which may be suffered by (a) Sellers and/or Buyers (in each case, including their officers, directors, employees, contractors and/or agents) and/or (b) the affiliates of Sellers and/or Buyers (in each case, including their officers, directors, employees, contractors and/or agents) which fall within any and/or all of the following categories:
22.2.1 special losses and/or damages even if Applikation was or is aware of the circumstances in which such special damage could arise;
22.2.2 loss of actual profits and/or anticipated profits (whether direct and/or indirect);
22.2.3 loss of actual or anticipated revenue (whether direct and/or indirect);
22.2.4 loss of actual or anticipated savings (whether direct and/or indirect);
22.2.5 loss of goodwill (whether direct and/or indirect);
22.2.6 loss of business opportunity (whether direct and/or indirect);
22.2.7 loss of customers (whether direct and/or indirect);
22.2.8 incidental, consequential, incidental, punitive, exemplary and/or indirect losses and/or damages of any kind howsoever arising and whether or not they are foreseeable, foreseen or known;
22.2.9 loss of reputation; and/or
22.2.10 damage, loss, and/or corruption of data and/or information.
22.3 Subject to the 2 paragraphs above in this section 22, the total maximum aggregate liability of Applikation arising under, in relation to and/or in connection with this Agreement and/or any collateral contract (whether in contract, tort (including negligence) or otherwise) shall in no circumstances exceed the higher of: (i) the fees that you have paid to Applikation for the use of the Website and App during the first 12 months of use by you of the Website and App; and (ii) GBP£1000.
22.4 All references to “Applikation" in this section 22 shall include Applikation, its employees, officers, directors, agents, contractors, subcontractors, suppliers of Applikation and/or any other party involved in creating, producing, and/or delivering the Website, App, Services and/or Applikation Content, all of whom shall have the benefit of the exclusions and limitations in this section 22.
23.1 Sellers and/or Buyers hereby agree to release, defend (at our option), indemnify, and hold harmless (a) Applikation and its officers, directors, employees, contractors and agents and (b) its affiliates (and their officers, directors, employees, contractors and agents), from and against any and/or claims, liabilities, damages, losses, and/or expenses, including reasonable legal fees, arising out of and/or in any way connected with (i) a breach of these Terms and/or our Policies by Sellers and/or Buyers, (ii) improper use of the Website, App and/or Services by Sellers and/or Buyers, (iii) breach of any applicable Laws and/or third party rights (including IP rights) by Sellers and/or Buyers. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which Sellers and/or Buyers are required to release, defend (at our option), indemnify, and hold harmless pursuant to this section 23 and Sellers and/or Buyers hereby agree to cooperate with such defence of these claims.
24.1 Links to our other websites: The Website, App and/or Services contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their content and/or the privacy or other practices of such websites. It is up to Sellers and/or Buyers to take precautions to ensure that whatever links they select and/or software you download from such websites are free of Malicious Software. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites, association, sponsorship and/or partnership with their operators.
24.2 Links to the Website, App and/or Services: We hereby grant Sellers and/or Buyers a limited, revocable, non-exclusive, non-sub-licensable, non-transferable right to create a text hyperlink to the Website, App and/or Services for non-commercial purposes, provided such link does not portray us, any of the products and/or services listed on the Website, App and/or Services in a false, misleading, derogatory and/or otherwise defamatory way and provided further that the linking website does not contain any adult material, illegal material and/or any material that is offensive, harassing or otherwise objectionable, in our absolute discretion. This limited right may be revoked at any time.
24.3 Sellers and/or Buyers do not have the right to use any of our Trade Marks to link to the Website, App and/or Services without our prior written consent. Sellers and/or Buyers also do not have the right to use, frame and/or utilise framing techniques to enclose any of our Trade Marks, including, for example, those found on the Website, App and/or Services without our prior written consent. Except as noted above, Sellers and/or Buyers are not given any right whatsoever in any of our IP rights and/or any of the IP rights of any third party without our prior written consent or the prior written consent of such other party.
24.4 Waiver, Severability & Assignment: If we fail and/or delay to enforce a provision of the Terms, this failure and/or delay is not a waiver of our right to do so later on. If a provision of the Terms is found to be unenforceable by a court, such provision shall be modified by a court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by applicable Laws. The remaining provisions of the Terms will remain in full force and effect. Sellers and/or Buyers may not assign any of their rights or obligations under these Terms, whether by operation of law or otherwise, and any such attempt will be null and void. We may assign any of rights and obligations under these Terms without the consent of Sellers and/or Buyers. Also, we may assign these Terms in their entirety, without their consent, to our successor in interest in connection with a merger, reorganization, or sale of all or substantially all assets or equity. These Terms shall bind and inure to our benefit, our successors and permitted assigns.
24.5 Entire Agreement & Third Parties: These Terms constitute the entire agreement between (a) Sellers and/or Buyers, and (b) us when it comes to the subject matter of these Terms and supersede and replace any other prior and/or contemporaneous agreements, and/or terms and conditions applicable to the subject matter of these Terms. There are no third-party beneficiaries to these Terms and the provisions of the Isle of Man Contracts (Rights of Third Parties) Act 2001 are hereby excluded. Any words following the terms including, include, in particular, such as, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
24.6 Law: Sellers, buyers and we irrevocably agree that any dispute and/or claim (including non-contractual disputes and/or claims) arising out of or in connection with it and/or its subject matter and/or formation shall be governed by and construed (in each case on an exclusive basis) in accordance with Isle of Man law.
24.7 Jurisdiction: Sellers, buyers and we irrevocably agree that the Isle of Man courts shall have exclusive jurisdiction to settle any dispute and/or claim (including non-contractual disputes and/or claims) arising out of and/or in connection with these Terms, including (but not limited to) their interpretation, construction, subject matter and/or formation without giving effect to any principles of conflicts of law, provided that we reserve our rights to take any action, bring a claim, institute proceedings and/or seek any remedies in any other courts of a competent jurisdiction or territory (including, but not limited to, where a Seller and/or Buyer is based or from any territory in which any breach of these Terms occurs) for any reason whatsoever including (but not limited to) to enforce any and/or all of our rights and/or remedies (including, without limitation, our IP rights and/or remedies), nor shall the taking of action, bringing of a claim, instituting proceedings and/or seeking any remedies in any one or more jurisdictions preclude the taking of action, bringing of a claim, instituting proceedings and/or seeking any remedies in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.