Welcome to WELLKAUF EURO LTD
These Terms of Service outline the rules and regulations for the use of WELLKAUF EURO LTD's website.
WELLKAUF EURO LTD, 2nd Floor College House 17 King Edwards Road, RUISLIP, London, HA4 7AE, UNITED KINGDOM.
BY ACCESSING WELLKAUF EURO LTD'S WEBSITE, YOU ACCEPT THESE TERMS OF SERVICE IN FULL AND YOU AGREE THAT THESE TERMS OF SERVICE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME. YOU SHOULD CHECK THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES. BY USING WELLKAUF EURO LTD'S WEBSITE AFTER WE POST ANY CHANGES TO THESE TERMS OF SERVICE, YOU AGREE TO ACCEPT THOSE CHANGES, WHETHER YOU HAVE REVIEWED THEM OR NOT.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT CONTINUE USING WELLKAUF EURO LTD'S WEBSITE.
Definitions
The following terminology applies to these Terms of Service, Privacy Policy and any or all agreements on WELLKAUF EURO LTD’s website:
"You" and "Your" refers to you, the person accessing this Website as Visitor, using this website as User, using the Services as Client, and thereby accepting the Company's Terms of Service.
"Client" refers to you when you purchase or use Services via this Website.
"User" refers to you when you use this Website as authorized user (account holder), when you use, post, process Users’ Content, or if you access to information non-available in public by means of your account. If you are Client, you are also automatically User. Users are divided into categories: (a) “all Users”, (b) “verified Users” (where specifics of use require your verification and you are confirmed by moderator), (c) “Users awaiting verification” (where specifics of use require your verification and such verification is not yet confirmed or rejected by moderator), (d) “banned Users” (if you are banned by moderator for violation of these Terms of Service or specific terms).
"Visitor" refers to you when you visit, access, read, scroll, search on this Website any publicly available information, without using Services, without processing Users’ Content, without creating or accessing accounts. You also remain Visitor if, not being User or Client, you have subscribed to our mailing.
"Requestor" refers to you when you submit a request or question via this Website.
"Company", "ourselves", "we", "our" and "us", refers to WELLKAUF EURO LTD
"Party", "Parties", refers to both you and us, or to either you or us.
"Services" refer to all services provided and available on this Website (via web platform and/or via applications iOS/Android).
"Website" refers to this WELLKAUF EURO LTD’s website (including its applications iOS/Android).
"Affiliate" refers to any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with the Company.
Any use of the above terminology or other words in the singular, plural, capital letters, and/or, he/she or they, are taken as interchangeable and therefore as referring to same.
Scope
These Terms of Service apply to you as Visitor, Requestor, User, Client of this Website.
These Terms of Service apply to any use by you of this Website, including, without limitation, to your visit of this Website, to your use of Services, creation of hyperlinks, creation of and access to accounts, creation, use, and process of Users’ Content, and any of your activity on this Website or through this Website.
Intellectual Property
- Unless otherwise stated, we and/or our licensors own the intellectual property rights for all material, logos, and content (other than Users’ Content) on this Website and related applications.
All intellectual property rights are reserved. All the material of this Website is copyrighted under applicable copyright laws, including the United Kingdom and European Union copyright laws (and, if applicable, similar laws in other jurisdictions).
The Company’s logo is a registered trademark of the Company. The brand names of specific Services of the Company featured on this Website are protected with trademark. - Users’ Content might be the intellectual property of other Users and Clients.
- Therefore,
- 3.1. You may view and/or print pages from this Website for your personal use, subject to restrictions set in these Terms of Service.
- 3.2. Without prior explicit consent of the owner, you may not modify, publish, republish, sell, rent, reproduce, duplicate, copy, transmit, distribute (unless some material is specifically made for redistribution), perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any material or content of this Website, in whole or in part.
Data Protection
- IN ORDER TO AND BEFORE USING OUR WEBSITE AND OUR SERVICES, YOU SHOULD READ AND ACCEPT OUR PRIVACY POLICY.
- When you are our Client, we process personal data controlled by you in accordance with the Data Processing Agreement which is integral part of these Terms of Service.
Services
- Our Services are very diverse, so specific terms or product requirements (including age requirements) may apply. Specific terms are available for the relevant Services, and those specific terms become part of your agreement with us if you acquire or use those Services.
The Services include (but not limited to and may differ, be reduced, extended, updated or changed): - Platform (web, iOS/Android) and possibility to create your own online shop via our Website
- Basic service of online (web, iOS/Android) announcements (standard) for individual and corporate Clients: for free
- Specific service of online (web, iOS/Android) announcements (extra features) for individual and corporate Clients: payable
- Service of online (web, iOS/Android) promotion of announcements for individual and corporate Clients: payable
- Service and slots of online advertising and possibility of managing the advertisement for corporate Clients
- Payment of fees is due for your adherence to those Services which are specified on the Website as estimated with price or payable. Price, payment details are specified in special terms for each payable Service. We are not responsible for any actions undertaken by the payment service providers including but not limited to any additional transaction fees, banking commissions, currency fees, applied to your transaction.
- When a Service requires or includes downloadable software (e.g. applications), this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
- In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt-out of some of those communications.
- We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If you do not agree to the changed Services, you should discontinue your use of that Service.
- Third-Party Products and Services. If you order or use through our Website or through hyperlinks leading you to third-party websites, products or services which are initially offered and provided by third parties, e.g. partnering banks, transport forwarders, mailing services, other Clients like advertisers, bidders and sellers of goods and services (collectively, the "Third Party Sellers") but advertised, announced, promoted via our Website, all terms and conditions concerning such products and services from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, shipment terms, representations and warranties, guarantees, maintenance and delivery, privacy policies, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services and products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether we may have received some form of revenue or other remuneration in connection with such transactions or not, and we will not be liable for any costs, losses or damages occurred to you of other persons, in connection with third-party products and services and the related transactions.
- You MUST NOT misuse Services, for example, without limitation, (a) interfere with our Services or try to access them using a method other than the interface and the instructions that we provide; or (b) use the Services to gain unauthorized access to any third-party services, user accounts, computer systems, or networks.
Non-discrimination and Equal Treatment
All Clients are equally valuable for us, and we commit to treat each of them equally, without privileging ones to others on the matter of special conditions available to ones and restricted to others, and without discriminating any Clients on the basis of race, sex, origin, residence, preferences etc.
However, we are obliged to abide by trade sanctions laws of our jurisdiction and thereby to limits the rights of the Clients who fall under such sanctions. In such case, we will duly inform such Client.
Users’ Content
- Certain parts of this Website offer possibility for you (as User or Client) and your users (if you are Client) to comment, post, repost, attach, and exchange opinions, information, material, announcements, photos, images, video, logos, banners, text, graphics, music, sounds, questions, emotional reactions, creative suggestions, messages, feedback, ideas, recipes, notes, drawings, articles, and data ('Users’ Content') in the Website.
WELLKAUF EURO LTD does not screen, edit, publish, or review Users’ Content prior to their appearance on the Website, and Users’ Content does not reflect the views or opinions of WELLKAUF EURO LTD, its employees, directors, agents or Affiliates.
Users’ Content reflect the view and opinion of the person who posts or reposts such Users’ Content.
To the extent permitted by applicable laws WELLKAUF EURO LTD shall not be liable for the Users’ Content and shall neither suffer any loss, liability, damages, nor bear costs or expenses which result or might result from appearance of Users’ Content on this Website. - WELLKAUF EURO LTD reserves the right to monitor all Users’ Content and to remove any Users’ Content which we consider, in our absolute discretion, to be inappropriate, offensive, or otherwise in breach of these Terms of Service.
- You MUST NOT
- Display, send, receive, or store obscene or inappropriate content.
- Threaten, harass, stalk, defame, or defraud any person or entity.
- Violate or infringe copyright, trademark, or other intellectual property rights of us or any third parties.
- Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) unless otherwise permitted by data privacy law or (c) of a minor under the age of thirteen (13) in any circumstance.
- Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
- Send deceptive or false source-identifying information, including “spoofing” or “phishing.”
- Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Website.
- Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, including but not limited to monitoring, crawling, spamming, using bots, screen scraping, scripts or any other means of gathering data, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
- Engage in or promote any illegal or criminal activity, including (without limitation) child pornography, gambling, or piracy.
- Use the Company’s domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate the Company or any other third party.
- Create multiple accounts, tokens, keys or passwords for disruptive or abusive purposes, or with overlapping use cases.
- Authorize, permit, enable, induce, or encourage any third party to do any of the above.
- Commit any acts which are forbidden by law.
This list is not exhaustive.
If you use our Services and/or Website to sell or offer for sale of goods and services or to promote Third-Party Sellers’ goods and services, you are PROHIBITED and MUST NOT sell, offer for sale, promote the following goods and services:
- Stolen or Fraudulent Items (any goods that are stolen or obtained through fraud) – if you are not sure of lawful origin and sale legitimacy of an item, DON’T SELL IT!!!
- Any Services or Goods of immoral, deceiving, misleading, ambiguous, fraudulent, illegal, content, information or message;
- Pirated or Counterfeit Goods, other Goods and Services prohibited or non-licensed for sale by their owners (any goods and services which misappropriates someone’s trade secret, infringe or would likely infringe someone’s IP (patent, trademark, design, copyright, etc), counterfeit money, documents, titles, pirated software and media, etc) – if you are not sure of due IP ownership / licenses, and otherwise sale legitimacy of an item or service, DON’T SELL IT!!!
- Human and Animal Remains, Organs, Blood, Cells, and Body Parts;
- Pornographic and erotic Material and Services;
- Weapons (all firearms, and also air-guns, paintball guns, decorative weapons, throwing weapons, stun guns, shockers, pepper spray, melee weapons (except multitools (“Swiss knives”), kitchen utensils)), Ammunition, Explosive materials (incl. fireworks);
- Narcotics;
- Hazardous Materials (dangerous chemicals, acids, poisons, inflammables, perishable food, toxics, etc.);
- Drugs, Prescription medications, bio-medicines, vaccines, serums, cell lines, anti-bodies;
- Tobacco Products (incl. e-cigarettes);
- Alcohol;
- Government Documents and Identification (passports, ID-cards, transport abonents, driving licenses, school diplomas, COVID-certificates, other government-issued identification);
- Lottery Tickets and Gambling Services;
- Endangered Species (Products made from or involving endangered species);
- Pyramids Pozzi, Multi-Level Marketing, Dubious Recruitment and Job-Offering Services (models, corporate management, jobs for under 14 years old, fast or big gain jobs, etc.);
- Medical Devices and Pharmaceuticals (incl. stomatology, diagnostical, and surgical instruments, contact lenses, pregnancy or virus tests, measurement apparatuses, contraceptives, scan/magnetic/x-ray devices, etc.);
- Medical, Health, Osteopathic, and Paramedical Services (exception: under certain conditions and solely after our strict examination we may allow promotion or advertisement (but not sale) of certain services by the authorized medical professionals possessing valid diplomas and licenses);
- Banking, Insurance, Credit, Stock Exchange, Brokerage Services (incl. e-stock exchange, cryptocurrency, etc; exception: under certain conditions and solely after our strict examination we may allow promotion or advertisement (but not sale) of certain services by the authorized professionals possessing valid licenses);
- Items with symbols of prohibited or illegal organizations, e.g. Nazi memorabilia (exception: authentic historical or collection items, e.g. coins);
- Live Animals (exception: under certain conditions and warranties, and solely after our strict examination we may allow sale of certain domestic animals (pets and livestock) by private individuals or by the authorized professionals possessing valid licenses);
- Any Goods or Services which are not available or do not exist (fraudulent misrepresentation!)
- Offensive Materials (incl. materials that promote violence, hate, or discrimination);
- Spy Equipment (incl. e.g. hidden cameras, listening devices, radars, anti-radars);
- Vehicle Registration Documents (e.g. such documents cannot be sold separately from the vehicles they belong to);
- Hacking and Surveillance Services (e.g. services to hack into accounts, distribute malware, or conduct unlawful surveillance);
- Fake Reviews, Testimonials and Endorsements, Deceptive Advertising;
- Any other Goods or Services restricted or prohibited by law.
- ATTENTION: This list is not exhaustive and might vary country-by-country and change in time.
- UNAWARENESS DOES NOT LIVERATE YOU FROM LIABILITY! IF YOU ARE UNSURE, DO NOT SELL!!
- DISCLAIMER: If Your promotion or offer to sale of prohibited goods or services or misleading or otherwise unlawful or illegal information (“Prohibited Items”) appears to be published on our Website, that DOES NOT mean that We have approved your User’s Content. You remain solely responsible and liable for your User’s Content and for whatsoever associated with the Prohibited Item. You shall defend and indemnify us in case of claims from third parties (victims, authorities, etc) arising out of your offer for sale or other User’s Content. If you offer for sale goods or services of uncertain origin or description, you still might be considered liable by judiciary or enforcement authorities, directly or as accomplice.
3.2. In the abovementioned cases of misuse or breach, or unauthorized sale, offer for sale, promotion of prohibited goods or services or misleading or otherwise unlawful or illegal information (“Prohibited Items”), or in case of any other violations of law, WELLKAUF EURO LTD reserves the right to- not publish your announce on the Website,
- temporarily or permanently block your account and any use of Services (the reason for such block will be immediately communicated to you, with your right to appeal).
Furthermore, WELLKAUF EURO LTD might be obliged by applicable law to denounce your violation (incl. your identity and your User’s Content) to the competent authorities and enforcement bodies and/or to cooperate with claimants and investigators if your misuse or violation is suspected.
If You use our Services and/or Website to search or purchase goods and services, you shall not purchase, repost or promote any goods and services PROHIBITED FOR SALE / PROMOTION or containing misleading or otherwise unlawful or illegal information (“Prohibited Items”) and we strongly recommend you to report any User’s Content suspected for promotion or offer for sale of any Prohibited Items (“Suspected Content”).
DISCLAIMER: If you however purchase or repost or otherwise promote any Prohibited Items, it is solely your responsibility. We shall not be responsible or liable, You are solely liable and shall defend and indemnify us in case of claims from third parties (victims, authorities etc) arising out of your purchase, repost or promotion. If you refrain from reporting any Suspected Content, you might be considered by judiciary or enforcement authorities as accomplice of the Seller’s wrongful doing.
- You represent and warrant that:
- 4.1. You are entitled to post your Users’ Content on our Website and have all necessary licenses, rights and consents to do so;
- 4.2. Your Users’ Content does not infringe any intellectual property right, including without limitation copyright, patent, trademark, confidential information, or other proprietary right of any third party;
- 4.3. Your Users’ Content does not contain any unlawful material;
- 4.4. Your comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- 4.5. You will not promote, sell, offer for sale, buy, repost any Prohibited Item.You will not promote, sell, offer for sale, buy, repost any Prohibited Item.
- You hereby grant to WELLKAUF EURO LTD a non-exclusive royalty-free license, to the extent not prohibited by law, to store, use, reproduce, republish, edit, and authorize others to use, reproduce and edit any of your Users’ Content in all and any forms, formats, or media.
Term and Termination
- To the extent applicable to Visitors and Requestors, these Terms of Service are effective as soon as you enter this Website.
- For you as Users and Clients, these Terms of Service become effective once you accept them via “opt-in”, and they remain effective in case you use the Services, process Users’ Content, or have your account on this Website.
Hyperlinking to our Website
- The following organizations may hyperlink to our Website without prior written approval:
- 1.1. Governmental authorities.
- 1.2. Search engines.
- 1.3. Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to websites of other companies listed in the directory.
- 1.4. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
- We may consider and approve in our sole discretion other hyperlink requests from the following types of organizations:
- 2.1. commonly known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, American Association of Retired Persons, and Consumers Union;
- 2.2. “.com” (dot com) community websites;
- 2.3. associations or other groups representing charities, including charity giving websites,
- 2.4. other online directory distributors;
- 2.5. accounting firms, law firms, and consultancy firms whose primary clients are businesses;
- 2.6. educational institutions and trade associations.
- We will approve hyperlink requests from those organizations if we determine that:
- (a) the hyperlink would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to hyperlink);
- (b) the organization does not have an unsatisfactory record with us;
- (c) our benefit from WELLKAUF EURO LTD’s visibility associated with the hyperlink outweighs non-visibility of WELLKAUF EURO LTD;
- (d) where the hyperlink is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
- The abovementioned organizations may hyperlink to our Website, to publications or to other information appeared on our Website only if the hyperlink
- (a) is not misleading;
- (b) does not falsely imply sponsorship, endorsement or approval of the hyperlinking party and its products or services;
- (c) fits within the context of the hyperlinking party's website.
- If you are among organizations specified in paragraph 2 and you are interested in hyperlinking to our Website, please contact us by e-mail to [email protected].
- Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your website, a list of any URLs from which you intend to hyperlink to our Website, and a list of the URL(s) on our Website to which you would like to hyperlink.
- We will answer to you within 2-3 weeks.
- The approved organizations may hyperlink to our Website in the following way:
- (a) by using our corporate name;
- (b) by using the uniform resource locator (web address) being hyperlinked to;
- (c) by using any other description of our Website or material being hyperlinked to, that makes sense within the context and format of the content on the hyperlinking party's website.
- Unless you concluded with us the appropriate license agreement, you are not allowed to use WELLKAUF EURO LTD's logo or other artwork for hyperlinking.
- We reserve the right at any time and in our sole discretion to request that you remove all or any of your hyperlinks to our Website from your website.
Frames
Without prior approval and express written permission, you may not create frames around the pages of our Website or use other techniques that alter in any way the visual presentation or appearance of the Website.
Indemnification
You shall keep us harmless, defend and indemnify us against any damage, penalties, legal procedures, lawsuits, damages, losses, third parties’ claims arising out of your Users’ Content or your use (and use by third parties enabled by you to use) of our Website and Services.
Disclaimer, Limitation of Liability
To the maximum extent permitted by applicable law, we exclude all representations, warranties and covenants relating to our Website, Users’ Content, Services, including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, completeness or accuracy, efficiency, increase of sales, of number of views and “likes”.
To the maximum extent permitted by applicable law, we do not commit to ensuring that the Website remains available or that the content of the Website is kept up to date.
Nothing in this disclaimer shall:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for gross negligence, willful misconduct, fraud or fraudulent misrepresentation;
- limit or exclude any of our or your liabilities that cannot be limited or excluded under applicable law.
To the extent that the access to the Website, its content, possibilities, and certain Services on the Website are provided free of charge, we shall not be liable for any loss or damages of any nature.
Governing Law and Jurisdiction
- Residents of the European Union, European Economic Area, Switzerland (“EU/EEA/CH”)
If you are a resident of the EU/EEA/CH (“Member”) country, these Terms of Service shall be governed by and construed in accordance with the laws of the Member country of your residence, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Website, Services or these Terms of Service shall be filed only in the competent court of your Member residence, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.
- Residents outside the European Union, European Economic Area, Switzerland (“Third Country”)
If you are resident of a Third Country, these Terms of Service shall be governed and construed in accordance with the laws of the UK, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Website, Services or these Terms of Service shall be filed in the UK courts, and you hereby consent and submit the personal jurisdiction of such courts for the purposes of litigating any such action.
Miscellaneous
These Terms of Service, including specific terms (where applicable, for example, terms for specific Services), Client’s purchase submission for specific Services, Data Processing Agreement, Clients’ purchase submission for specific Services, any agreements between the Parties relying on these Terms of Service, the Privacy Policy, and the other Company’s policies and statements published on this Website constitute the entire agreement between the Company and you, superseding any conflicting parts of any prior agreements.
In case of conflict between these Terms of Service and the specific terms, the specific terms will control.
These Terms of Service control the relationship between the Company and you. Unless otherwise is expressly stipulated by applicable law, they do not create any third-party beneficiary rights except for the Affiliates of the Company.
If a particular provision of these Terms of Service is not enforceable, or if a court strikes any of such provisions, that will not affect any other provisions.
We may automatically assign these Terms of Service in our sole discretion to our Affiliates or business successors or in case of change of control. If you do not agree to such assignment, you should discontinue your use of this Website, Users’ Content, Services.
Contact Us
If you have any queries regarding these Terms of Service, please contact us at [email protected].