Wishmid Terms of Use

Data Protection and Privacy Policy:
 

Introduction

Welcome to Wishmid.

Using Wishmid

As a condition of your use of Wishmid you agree that you will not:

  • violate any laws;
  • violate the policies
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Wishmid or the interests or property of Wishmid users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Wishmid;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Wishmid and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from Wishmid or Wishmid’s copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Wishmid;
  • use any tool that interferes with the normal functioning of Wishmid, including, without limitation, browser plug-ins, extensions, or other software which are designed to supplement, remove or otherwise change any of Wishmid’s functionalities; or
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

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:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
  • If your ads went live with exposure on the Wishmid sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed in the Pets or Massage categories of Wishmid;
  • If your ads are placed into “edit” mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;

In addition to the Wishmid services, ancillary goods or services such as insurance or car finance may be advertised on Wishmid. Although users may offer financial products on their ads, Wishmid is in no way involved or liable for any loss related to such transactions.

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:

  • users’ location and search query / category selected;
  • adverts’ category, content, location and date published; and
  • if the ad has a paid-for promotion 

Content

Wishmid contains content from us, you, and other users. 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. 

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.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. 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 operation and availability of our sites, services, applications or tools.

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, or inability to use Wishmid, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. 

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

By using Wishmid, you agree to the collection, transfer, storage and use of your personal information by Wishmid on servers located in the United Kingdom. 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.

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.

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.

Restrictions

You are specifically restricted from all of the following:

  • Publishing any Website material in any other media;
  • Selling, sub licensing, and/or otherwise commercializing any Website material;
  • Publicly performing and/or showing any Website material;
  • Using this Website in any way that is or may be damaging to this Website;
  • Using this Website in any way that impacts user access to this Website;
  • Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
  • Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Company Name may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality.