Introduction to Wishmid’s Terms of Use
When using Wishmid online platform, it is crucial to understand the terms of use to ensure compliance and to protect your rights. Wishmid, a popular e-commerce platform, has specific terms of use that govern how users interact with the site. Understanding the terms of use is essential for a smooth experience on Wishmid. By adhering to these guidelines, you can ensure that you are using the platform responsibly and legally. Take the time to read and comprehend the terms to make the most of your Wishmid experience.
User Responsibilities
As a user of Wishmid, you are expected to adhere to certain responsibilities. These include providing accurate information during registration, safeguarding your account credentials, and using the platform for lawful purposes. Misuse of the platform, such as engaging in fraudulent activities or violating intellectual property rights, can result in account suspension or termination.
Content and Intellectual Property
Wishmid’s terms of use also cover content and intellectual property. Users are allowed to post reviews, comments, and other content, but it must not be offensive, illegal, or infringe on the rights of others. Wishmid retains the right to remove any content that violates these guidelines. Additionally, users grant Wishmid a non-exclusive license to use, reproduce, and distribute the content they post.
Privacy and Data Protection
Privacy is a top priority for Wishmid. The platform’s terms of use include provisions for data protection, outlining how user information is collected, stored, and used. Wishmid is committed to safeguarding your personal data and ensuring that it is used in accordance with applicable privacy laws.
Using Wishmid
As a condition of your use of Wishmid you agree that you will not:
You are solely responsible for all information that you submit to Wishmid and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete 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 Wishmid either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Wishmid, we may, at our discretion, inform other Wishmid users that have been in contact with you and recommend that they exercise caution.
Abusing Wishmid
Wishmid and the Wishmid community work together to keep Wishmid working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Wishmid if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Wishmid employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Wishmid or not, we do not have any obligation to monitor the information transmitted or stored on Wishmid and we do not accept any liability for unauthorised or unlawful content on Wishmid or use of Wishmid by users.
Global Marketplace
Some of Wishmid’s features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the Wishmid community, or on third party Platforms, including social media channels. By using Wishmid, you agree that your ads can be displayed on these other Platforms and media channels. You may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on Wishmid, or any third party Platform, or if we believe it causes problems or violates any law or policy.
Fees and Services
Using Wishmid 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 Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on Wishmid. 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 Wishmid fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, 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.
You acknowledge that your ads may be deleted from Wishmid in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Wishmid users for any fees paid through use of Wishmid in the following cases:
Display and placement of user ads
We strive to create a community where users can find what they are looking for. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:
Content
Wishmid contains content from us, you, and other users. Wishmid is protected by copyright laws and international treaties. You agree not to copy, distribute or modify content from Wishmid without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Wishmid. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Wishmid (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels.
Wishmid may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Wishmid ad while your ad is on Wishmid.
Infringement
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, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Wishmid by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Wishmid.
Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Wishmid comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
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 offence, give rise to civil liability or otherwise violate any applicable law.
Release
If you have a dispute with one or more Wishmid users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms of Use but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Data Protection and Privacy
You and Wishmid shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will Wishmid and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from Wishmid exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
As part of the services, Wishmid has access to various information about users, including personal data. This includes information that users submit to Wishmid as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).
Via Wishmid.com and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).
Wishmid only shares information about users with third parties if this is necessary for the provision of the services or if Wishmid is legally or contractually entitled to do so.
Upon expiry of these Terms of Use, we will delete the information you provided, or which was generated through your use of the services from your Wishmid account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.
For information regarding the processing of personal data by Wishmid, including sharing such data with third parties and your rights as a data subject, please see our Privacy Notice.
Resolution of disputes
If a dispute arises between you and Wishmid, we strongly encourage you to first contact us directly to seek a resolution by going to the Wishmid Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
These terms and the other policies posted on Wishmid constitute the entire agreement between Wishmid and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
For any help with using Wishmid please see the Wishmid Help Page
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