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Gumtree Terms of Use

SolutionGumtree Ireland Terms of Use.

These terms are effective July 7th, 2015

Introduction. Welcome to ("Gumtree"). These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing Gumtree you are agreeing to the following terms, which are designed to make sure that Gumtree works for everyone. Gumtree is provided to you by Marktplaats B.V, Wibautstraat 224, 1097 DN Amsterdam, The Netherlands, also referred to below as "Gumtree". This policy is effective July 7th 2015.

Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at Gumtree Community Support.

Using Gumtree.
    As a condition of your use of Gumtree, you will post in the appropriate category or area and you agree that you will not:
  • - violate any laws;
  • - violate the Posting Rules;
  • - post any threatening, abusive, defamatory, obscene or indecent material;
  • - be false or misleading;
  • - infringe any third-party right;
  • - distribute or send communications that contain spam, chain letters, or pyramid schemes;
  • - distribute viruses or any other technologies that may harm Gumtree or the interests or property of Gumtree users;
  • - impose an unreasonable load on our infrastructure or interfere with the proper working of Gumtree;
  • - copy, modify, or distribute any other person's content without their consent;
  • - use any robot spider, scraper or other automated means to access Gumtree and collect content for any purpose without our express written permission;
  • - harvest or otherwise collect information about others, including email addresses, without their consent;
  • - bypass measures used to prevent or restrict access to Gumtree.

Abusing Gumtree Services. Gumtree and the Gumtree community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you submit to Gumtree and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete or take-down content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Gumtree if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, we do not accept any liability for monitoring Gumtree or for unauthorized or unlawful content on Gumtree or use of Gumtree by users. You also recognise and accept that Gumtree is not under any obligation to monitor any data or content which is submitted to or available on the site.

Global Marketplace. Some of Gumtree's features may display your ad on other sites that are part of the global eBay community, like on eBay or our classifieds sites in other countries. By using Gumtree Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services. Using Gumtree Services is generally free, but we sometimes charge a fee for certain Services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Euros, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new Services; these changes are effective when we announce the promotional event or new service. You are responsible for paying the fees that you incur when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms

Content. Gumtree Services contain content from us, you, and other users. Gumtree is protected by copyright laws and international treaties. Content displayed on or via Gumtree is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy or, distribute Gumtree Services or modify content from Gumtree, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Gumtree. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Gumtree (other than your own content). When you give us content, you are granting us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify our designated copyright agent at Gumtree Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to Gumtree that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through Gumtree’s VeRO Program. If you have a good faith belief that a listing on any of the Gumtree Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to Gumtree. After we receive your first NOCI, Gumtree will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We reserve the right to share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.

Limitations of Liability. The Gumtree Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Gumtree Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Gumtree, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, to the extent permitted by law if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Euros.

Indemnification. You will indemnify and hold harmless Gumtree and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Gumtree Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations Personal Information. By using Gumtree Services, you agree to the collection, transfer, storage and use of your personal information by Marktplaats BV (the "data controller") on servers located in the United States and in the European Union as further described in our privacy policy.

Use of Map software.

General. These terms and the other policies posted on Gumtree Services constitute the entire agreement between Marktplaats BV and you, superseding any prior agreements. This agreement is governed by the laws of The Netherlands. We both submit to the non-exclusive jurisdiction of the courts of Amsterdam, the Netherlands. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
    Marktplaats BV, Wibautstraat 224, 1097 DN Amsterdam, The Netherlands.
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us. Send questions, comments or complaints to Gumtree Customer Support.

Mobile Devices Terms If you're accessing Gumtree Services from a mobile device using a Gumtree Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. Gumtree grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the website. You download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. Gumtree owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Gumtree's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Gumtree Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications. Gumtree Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Gumtree Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

    1. These Terms of Use are an agreement between you and Gumtree, and not with Apple. Apple is not responsible for the Application and the content thereof.

    2. Gumtree grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

    3. Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the Application.

    4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

    5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, 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 (c) claims arising under consumer protection or similar legislation.

    6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

    7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Windows - Microsoft

    1. These Terms of Use are an agreement between you and Gumtree, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing Services for the Windows Phone Marketplace do not apply to your use of the Application.

    2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.

    3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support Services for the Application.

    4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.

    5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.

    6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

Last Modified: July 7th, 2015 © 2014-2015 eBay International AG
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Topic: Gumtree Policies
Date added: 2009-09-28 22:42:32
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