Desizest Terms and Conditions
This agreement applies between you, the user of this website and desizest, the owner(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
1. Intellectual Property
1.1 All content included on the website, unless contained in the ad (advert), including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of desizest, or our affiliates. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
1.2 You may print, reproduce, copy, distribute, store and re-use content from the website for personal or educational purposes only unless otherwise indicated on the website, or unless given express written permission to do so by desizest. You agree that:
a. You will not systematically copy content from the website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by desizest.
2. Third Party Intellectual Property
2.2 The Intellectual Property Rights subsisting in the content of adverts belong to the advertisers who placed those adverts unless it is expressly stated otherwise.
2.3 Where expressly indicated, certain content and the Intellectual Property Rights subsisting therein belongs to other parties.
3. Fair Use of Intellectual Property
3.1 Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
4. Links to Other Websites
4.1 This website may contain links to other websites. Unless expressly stated, these sites are not under the control of desizest or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
5. Links to this Website
5.1 Those wishing to place a link to this website on other sites may do so only to the home page of the site www.desizest.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of desizest. To find out more please contact us by email at firstname.lastname@example.org
6.Social Media Platforms
6.1 Communication, engagement and actions taken through external social media platforms that desizest and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
6.2 Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. Desizest nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them directly at email@example.com
6.3 Desizest may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
7. Shortened Links in Social Media
7.1 Desizest and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy URLs (web addresses)
Users are advised to take caution and good judgement before clicking any shortened URLs published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine URLs are published, many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
8. Advertising on the Website
8.1 When submitting an advert to the website you should do so in accordance with the following rules:
a. You must not use obscene or vulgar language;
b. our advert may not contain content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
(i) Your advert may not contain content that is intended to promote or incite violence;
(ii) Your advert should be honest and fair and should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other advertisers;
(iii) For any premium rate telephone numbers, charges should be clearly indicated
(iv) Adverts must be made using the English language. Content in any other language may be removed at our sole discretion;
(v) Your advert may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
(vi) Items or services of the following types may not be advertised:
(vii) Pornography or sexual services, obscene or vulgar material
(viii) An item (s) perceived to be a weapon (s) which can be used for intent to harm
(ix) Illegal goods
c. You must not post links to other websites containing any of the above types of content;
d. Only charity or ‘not for profit’ events can be advertised under the community notice board for free. However, it is essential to insert in the ad, the terms ‘charity or’ not for profit’, any ads that do not indicate this will be subject to the relevant fees. ‘For profit’ or business events, can be advertised under events management category for the appropriate fee.
e. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
f. Your advert must be placed into the appropriate category;
g. You must not impersonate other people or businesses;
h. You must not submit material that may contain viruses or any other software instructions that may damage or disrupt other software, computer hardware or communications networks;
i. You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”
j. Any sale and/or service transaction is solely a contract between a buyer and a seller, and necessary precautions should be taken for safe buying and selling, visit our safety tips page. Desizest will not be held liable for a sale and/or service that has broken down due to differing expectations between the two parties. In circumstances whereby the sale and/or service has broken down due to failing to adhere to our Terms and Conditions, or as a result of any criminal activity knowingly or unknowingly, we reserve the right to report such activity to the relevant law enforcement agencies;
k. You agree that desizest shall screen, approve (or reject), edit and/or remove any advert submitted to the website if they do not conform to the website’s Terms and Conditions;
l. Desizest may edit your advert to comply with our terms without prior consultation. In cases of severe breaches, your advert may be removed and your account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
m. In order to post an advert, you are required to submit certain personal details and/or business details. By continuing to use this website you represent and warrant that
(i) Any information you submit is accurate and truthful; and
(ii) You will keep this information accurate and up-to-date
n. Please be aware that desizest will not publicly display on the website your contact phone number or email address unless you the user have opted to do so. As the user you agree to take responsibility for the information posted on desizest.com
o. By posting an advert you warrant and represent that you are the author of that advert or that you have acquired all of the appropriate rights and/or permissions to submit it. Desizest accepts no responsibility or liability for any infringement of third party rights by such adverts or content. Further, you waive all moral rights in the advert to be named as its author and grant desizest a perpetual licence to modify the content as necessary for its inclusion on the website.
p. Desizest will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such adverts, nor for any errors or omissions in adverts. Use of and reliance upon adverts is entirely at your own risk.
q. Nothing in these Terms and Conditions shall grant desizest any rights in or to any trademarks or any other intellectual property rights contained within your advert or any part of it save for the right to display the same on the website as part of your advert until you or desizest choose to remove that advert.
r. You acknowledge that desizest may retain copies of any and all communications, information, and content and adverts sent to desizest or submitted to the website.
9. Accounts and Ad Fees
9.1 In order to post an advert on this website you must create an account which will contain certain personal details. By creating an account you represent and warrant that:
a. All information you submit is accurate and truthful; and
b. You will keep this information accurate and up-to-date.
9.2 Sharing of accounts is not permitted unless expressly authorised in writing by desizest. You must keep your account details confidential and should not reveal your username or password to any unauthorised third parties.
9.3 Free adverts do not require the payment of an advert Fee.
9.4 An advert fee will be charged for each premium ad you post on this website. Ad fees are detailed in our premium ads section. Your credit / debit card will be billed at the time at which your premium ad goes live.
9.5 All fees will be charged in Pound Sterling.
a. Increases in price will be reflected in your recurring advert fees; and
b. Decreases in price will be reflected in your recurring advert fees.
9.7 Multiple ads are permitted for each account. Each new premium ad will incur the standard ad fee. For business user account holders, business subscription rates apply, see our business page.
9.8 No part of the website constitutes a contractual offer capable of acceptance. Our provision of the website and its constituent facilities constitutes a service, and by posting and paying for premium adverts you are making an order for that service that we may, at our sole discretion accept. Our acceptance is indicated by us sending to you a confirmation email. Only once we have sent you a confirmation email will there be a binding contract between desizest and you.
9.9 Please note desizest premium service at no point can guarantee a sale, or a quick than a non-premium sale but can provide an optional paid service to further enhance your advert thus increasing your probability making the sale.
9.10 Confirmation email will be sent to you immediately upon your posting of ads for both free and premium ads;
9.11 Confirmation of the premium advert including full details of the main characteristics of the service and the facilities available to you in connection with premium adverts;
a. Fully itemised pricing for your premium advert including, where appropriate, taxes and any other additional charges;
b. The applicable times and dates for your premium advert (including the expiry date);
c. A confirmation of your express request that the service (that is, the posting of your premium advert begins immediately and that this will constitute a waiver of your statutory right to cancel;
d. Premium adverts are posted and made visible immediately upon our confirmation. When completing the posting and payment process, you will be required to expressly acknowledge that you wish the premium advert to be available immediately. You will also be required to expressly acknowledge that by doing so you will lose your statutory right to cancel your contract with desizest once the advert has gone live.
e. If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once your contract with a relevant trader is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, premium adverts are made available immediately upon our confirmation. By expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
f. You may cancel and remove your premium advert at any time after posting and paying for it and you will not be rebilled for it. However, we cannot provide any refunds for cancelled premium adverts once they have been posted and gone live on the desizest website.
g. If you post and pay for a premium advert in error, you must inform us immediately. Refunds are at our sole discretion and if we have any reasonable cause to believe that you have already derived a benefit from the premium advert in question, no refund will be available to you.
h. If you terminate an advert and/or your account, your advert (s) will be removed immediately and you will not be rebilled for either the cancelled advert or all of your adverts, as appropriate.
i. Adverts that are rejected by desizest will not be chargeable.
10. Termination and/or Suspension
10.1 In the event that any of the provisions of clause 7 are not followed, desizest reserves the right to suspend or terminate your access to the service. Any users banned in this way must not attempt to use the website under any other name or by using the access credentials of another user, with or without the permission of that user.
11.1 Use of the website is also governed by our Privacy and Cookies Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy and Cookies Policy, please click on the link above.
12. How We Use Your Personal Information (Data Protection)
12.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. Please see Privacy and Cookies Policy.
12.2 We may use your personal information to:
a. Provide our Service to you;
b.Process your payments; and
c. Inform you of new products and services available from us. You may request that we stop sending you this information at any time.
12.3 In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
12.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
13. Legal Rights and Disclaimers
13.1 Desizest makes no warranty or representation that the website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
13.2 Save for the screening and approval of ads, desizest has neither control over, nor involvement in any items or services advertised on the website and accepts no responsibility for any actions taken, or any items or services provided by any advertisers.
13.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this website will be accurate and up to date, desizest makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
13.4 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
13.5 Before accessing ‘your desizest’ category where postings are a public notice board for enjoyment purposes only, therefore user discretion is advisable. Desizest cannot validate any information posted and does not promote or advise involvement.
13.6 Desizest makes no representation or warranty that any part of this website is suitable for use in commercial situations or that it constitutes accurate data and/ or advice on which business decisions can be based on.
13.7 Whilst desizest exercises all reasonable skill and care to ensure that the website is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their own security, that of their personal details and their computers.
13.8 If as a result of desizest’s failure to exercise reasonable care and skill, any digital content from the website damages the user’s device or other digital content belonging to the user, if the user is a consumer, they may be entitled to certain legal remedies. For more details concerning consumer rights and remedies, users are advised to contact their local Citizens Advice Bureau or Trading Standards Office.
14. Availability of the Website and Modifications
14.1 Desizest accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
14.2 Desizest reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
15. Limitation of Liability
15.1 To the fullest extent permissible by law, desizest accepts no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the website or the use of or reliance upon any content included on the website.
15.2 To the fullest extent permissible by law, desizest excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the website or any content included on it.
15.3 The website is designed for multiple users including personal adverts to commercial advertisers. If the user is a commercial user, desizest accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
15.4 Desizest exercises all reasonable skill and care to ensure that the website is free from viruses and other malware. Desizest accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the user’s hardware, software, data or other material that occurs as a result of the user’s use of the website (including the downloading of any content from it) or any other site referred to on the website.
15.5 Desizest neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
15.6 Nothing in these Terms and Conditions commits liability to desizest for fraud or misrepresentation, death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. It is therefore the beholden on the consumer at the point of service access to ensure that due diligence is undertaken before entering or committing to any transaction with a third party. For full details of consumers’ legal rights, including those relating to digital content, users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
15.7 In the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
16. No Waiver
16.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17. Previous Terms and Conditions
17.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
18. Third Party Rights
18.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and desizest.
19.1 All notices / communications by email to firstname.lastname@example.org. Such notice will be deemed received the day of sending if the email is received in full on a business day between the hours of 9am to 5pm, and on the next business day if the email is sent on a weekend or public holiday.
19.2 For any complaints or feedback about the site, or any issues related to the site or fellow users please email email@example.com.
19.3 Desizest may from time to time send you information about our products and/or services. If you do not wish to receive such information you have the option to opt out visit our Privacy and Cookies Policy.
20. Law and Jurisdiction
20.1 These Terms and Conditions and the relationship between the user and desizest (whether contractual or otherwise) shall be governed by, and construed in accordance with English/UK law.
20.2 If the user is a consumer, any disputes concerning these Terms and Conditions, the relationship between the user and desizest, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the User’s residency.
20.3 If the user is a business, any disputes concerning these Terms and Conditions, the relationship between the user and desizest, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.