See also: EU Online Dispute Resolution
By using fafinder, you’re agreeing to follow our rules, so read them carefully!1. Accepting the Retail Terms
- In order to use the Service as a retail user, you must agree to the Retail Terms. You may not use the Service if you do not accept the Retail Terms.
- We recommend that you keep a copy of these Retail Terms for future reference.
- You may not use the Service and may not accept the Retail Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service. You must be over 18 to use the Service as a retail user.
- The Retail Terms apply to all retail users of the Service, including retail users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
More simply put:
You shouldn’t use fafinder if you don’t agree to our Retail Terms, or if laws in your country prohibit you from using our Service. You must be over 18 to user the Service as a retail user.
2. Changes to the Retail Terms
- fafinder reserves the right to make changes to the Retail Terms where necessary, for example to address changes to the law or regulatory changes, or changes to functionality offered through the Service. You must look at the Retail Terms regularly to check for such changes.
- The modified version of the Retail Terms (the “Modified Retail Terms”) will be posted on the fafinder Website and/or made otherwise available within the Service. If you do not agree to the Modified Terms you must stop using the Service.
- Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Retail Terms.
More simply put:
Sometimes we need to update our Terms. If we do, we’ll update this page.3. Retail use of our Service
- Retailers can use the Service to: –
- Create a retail profile on the Service.
- Share photographic content known as ‘fotocons’ with the fafinder community,
- Post Content to the Service that can be seen by other users
- Respond to users on the fafinder platform, such as by responding to another user’s fotocon with text and/or photographic content.
- It is the responsibility of the retailer to utilise the functionality of fafinder. For example, push notifications should be on during trading hours in order to respond to lead generation and customer interactions, and retailer profiles should be kept up to date with correct information such as address, phone number, opening hours and brands stocked.
- If you wish to, in addition, use the shop platform aspect of our Service please refer to our Shop Platform Terms for the terms applicable to that aspect of our Service.
- To become a subscriber to our Service, you must pay the applicable subscription fees. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.
- Retail subscribers are subject to an approval process. fafinder reserves the right to veto applications for retail accounts on any basis fafinder, in its sole discretion, deems appropriate.
- For so long as your account and subscription remain active in accordance with these Retail Terms, you will benefit from the features specified on our website in relation to your subscription type.
- We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our Website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.
- At the end of any period of subscription for which you have paid, and subject to the other provisions of these Retail Terms, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal (this feature is currently in development) or giving 30 days notice in writing via email to firstname.lastname@example.org,
- Where these Retail Terms are breached we may cancel your subscription without providing a refund for unused fees.
- The fees in respect of our Services will be as set out on the [Order Form] or the Website from time to time.
- All amounts stated in these Retail Terms and conditions or on our website are stated exclusive of VAT.
- You must pay to us the fees in respect of our Service in advance, in cleared funds, in accordance with any instructions in our Order Form.
- Payment is by credit card unless otherwise agreed in advance with fafinder.
- We may vary fees from time to time by posting new fees on our Website, but this will not affect fees for services that have been previously paid.
- If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
- If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of EUR 25.00 excluding VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section.
- In the case of a failed payment, fafinder will notify you either by telephone or by email and will provide instructions on how to rectify the issue.
- If you realise your payment has failed, if you need to change any billing or payment details, or if you wish to cease your subscription, you should do this by contacting our team or through your account settings.
- If you owe us any amount under or relating to these Retail Terms, we may suspend or withdraw the provision of services to you.
- We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
- In order to access some features of the Service, you will need to create a fafinder retail account.
- If you register for a retail account with our Service, we will provide you with login details with which to access your account. You may change your password from your account settings and we recommend that you do this.
- Your username must not be liable to mislead and must comply with our content rules; you must not use your account or username for or in connection with the impersonation of any person.
- You must keep your fafinder account by password secure and confidential. Do not share your password or allow others to access your fafinder account.
- You agree that you will be solely responsible for all activity that occurs under your fafinder account.
- If you know or suspect that anyone other than you knows your login or password, you must promptly notify us at email@example.com.
- You may cancel your account on our Service through your account settings (this feature is currently in development) or by emailing firstname.lastname@example.org. Please see the Order Form for further detail on cancellation terms.
- It is the responsibility of the retailers to manage their login details and accounts and keep them secure. Any staff using the account on behalf of the retailer must be advised of the Retail Terms. The retailer is responsible for content posted by anybody with access to their retail account.
More simply put:
If you have an account with us, it’s up to you to keep it updated and secure and your username must not violate our content rules or mislead. Also, if you want to sell stuff on fafinder, you’ll need a retailer account.7. Prohibited uses
- You may use our Service only for lawful purposes. You may not use our Service:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of fafinder or the respective licensors of the Content.
- You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Service other than when expressly permitted to do so by us in writing.
- Not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
- Not to use the Service for any of the following commercial uses unless you obtain fafinder’s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
- the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from fafinder appears on the same page and is of sufficient value to be the basis for such sales.
- Not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the fafinder servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- Not to collect or harvest any personal data of any user of the Service (and agree that this shall be deemed to include usernames);
- Not to use the Service (including comments and features) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- Not to solicit, for commercial purposes, any users of the Service with respect to their Content;
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Service;
- any equipment or network on which our Service is stored;
- any software used in the provision of our Service; or
- any equipment or network or software owned or used by any third party.
More simply put:
You cannot use our Service for illegal purposes or try to damage our Service.8. Interactive features
- Registered users will have access to such additional features on our Service as we may from time to time determine, which may include the facility to post and publish text and media on the Service (i.e. fotocons) (interactive features).
- You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the Service. We cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading and you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
- You agree to the publication of posts relating to you, by others, on our Service; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
- We are under no obligation to oversee, monitor or moderate any interactive feature we provide on our Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature by a user in contravention of our content standards, whether the service is moderated or not.
- Where we do moderate an interactive service, we may provide you with a means of contacting the moderator, should a concern or difficulty arise.
More simply put:
We are not responsible for content posted by other users or for content posted by you which breaches our content rules. Sometimes we moderate content. We are not obliged to moderate content.9. Content standards These content standards apply to any and all Content which you contribute to our Service (user-generated content), and to any interactive features associated with it.
- You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Ireland and in any country from which they are posted.
- Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or membership of the travelling community.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Where you upload a picture of an identifiable third party or third parties to the Service, you must ask that person or those persons for their permission to post the photo.
- When responding to a post by a consumer user, if they do not engage with you, do not resend your message. It is the consumer’s discretion to respond to retails users.
- fafinder, in our discretion, will remove any content we deem to be inappropriate such as sexual content, hate speech or spam. In addition, abusive or threatening behaviour will not be tolerated. Repeated abuse of the platform by a user or violation of our content rules may result in a warning or their account being suspended without notice or explanation.
- Users can report content they find inappropriate by using the built-in reporting functionality and/or by contacting fafinder by email. Reporting content on fafinder does not guarantee it will be removed, but we will endeavour to inform users who report content of our decision where possible.
- fafinder respects copyright and other intellectual property rights. Content which is determined to be infringing or violating such rights will be removed in accordance with applicable laws. Repeat infringement of intellectual property rights may result in account suspension. Claims of alleged intellectual property infringement should be submitted by contacting email@example.com.
- Immediate, temporary or permanent withdrawal of your right to use our Service.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of our content standards. The responses described here are not limited, and we may take any other action we reasonably deem appropriate.
More simply put:
Abusive or illegal content isn’t allowed, and we’ll remove anything we think shouldn’t be on fafinder. Ask a person’s permission if you are going to post their photo to the Service.10. Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in our Service, and in the material and Content published on it by us (editorial content). Copyright laws and treaties around the world protect those works. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Service for your personal use and you may draw the attention of others to content posted on our Service.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of the editorial content on our Service must always be acknowledged.
- You must not use any part of the editorial content on our Service for commercial purposes without obtaining a licence to do so from us or our licensors.
More simply put:
We own or are the licensee of the editorial content we post to fafinder. Your use of this editorial content is restricted.11. Uploading content to our Service
- Whenever you make use of a feature that allows you to upload Content to our Service, such as photos and comments, or to make contact with other users of our Service (user-generated content), you must comply with the content standards above.
- You warrant that any such user-generated content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any user-generated content you upload to our Service will be considered non-confidential and non-proprietary. You allow us to access and use any user-generated content you post in order to operate the fafinder Service, for example in order to display your fotocons to your followers or third parties. You retain all of your ownership rights in your user-generated content, but you are required to grant us and other users of the Service a limited licence to use, store and copy that user-generated content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
- We also have the right to disclose your identity to any third party who is claiming that any user generated content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any user-generated content posted by you or any other user of our Service.
- We have the right to remove any posting you make on our Service if, in our opinion, your post does not comply with the content standards set out above.
- The views expressed by other users on our Service do not represent our views or values.
- You are solely responsible for securing and backing up your user-generated content.
More simply put:
You own the user generated content you post to fafinder and you are responsible for it. You allow us to show it to other people.12. Licenses
- When you upload or post user-generated content to our Service, you grant the following licenses:
- To fafinder: A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that user-generated content in connection with the Service and across different media. We may use the user-generated content to promote the Service. We may also sub-licence the user-generated content and we have the right to take action for infringement of our rights under this clause.
- To Third parties: A licence to use the user-generated content for their purposes in accordance with the functionality of the Service. This licence expires when the relevant user deletes the user-generated content from the Service.
- Subject to the terms and conditions of these Retail Terms, fafinder grants you a non-exclusive, non-transferable, nonsublicensable, worldwide, revocable licence to use the Service for the term of this agreement.
More simply put:
You grant fafinder a full licence to use the user generated content you upload onto the Service. Third parties can use the user generated content you upload as permitted by the Service for as long as it is available on the Service.
12. No reliance on information
- The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely.
- Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up-to-date.
More simply put:
We don’t keep all parts of our Service up to date so please don’t rely on it.13. Security
- fafinder endeavours to operate a safe, secure platform and implements appropriate security measures as much as possible. However, fafinder cannot guarantee that the security of the Service will not be compromised, for example by malicious third parties. In the event that user data or security is affected by a security breach, we will inform users and implement any additional safeguards we deem necessary.
- fafinder cannot be held responsible for any malicious activity caused to your account or device as a result of accessing third party links via the fafinder Service, such as links posted by other users. If you suspect any unauthorized use of your account, or have any security concerns about content within the Service, you should contact fafinder immediately.
More simply put:
We work hard to protect our users, but sometimes bad things happen that are out of our control. If you’re concerned about anything, let us know right away. You shouldn’t do anything bad to our Service or users.14. Limitation of our liability
- To the extent permitted by law, we exclude all conditions, warranties, representations or other Retail Terms which may apply to our Service or any content on it, whether express or implied.
- The Service is provided ‘as-is’. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Service; or
- use of or reliance on any content displayed on our Service.
- If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any content on it, or on any website linked to it.
- To the fullest extent permitted by law, in no event will fafinder’s aggregate liability, to you or any third party, arising out of or in connection with your use of the Service or in connection with these Terms for any damages, losses, claims and/or causes of action, whether in contract, tort (including negligence or other theory), warranty or otherwise, exceed the fees actually paid to fafinder by you in respect of the Service for the previous 12 months.
More simply put:
We provide this service as-is. We don’t exclude liability for anything for which, by law, we are not permitted to exclude.15. Indemnity
- You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
- any breach by you of any provision of these Retail Terms; or
- your use of our Service.
More simply put:
You will reimburse us when we incur or suffer losses and costs, etc. arising out of your use of the Service or breach of these Retail Terms.16. Linking to our Website
- You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our Website must not be framed on any other site.
- We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with the content standards set out above.
- If you wish to make any use of content on our Website or Service other than that set out above, please contact firstname.lastname@example.org.
More simply put:
Linking to our Website is permitted so long as you act fairly and don’t try and exploit our Website or pass content off as your own.17. Third party links and resources on our Service
- Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources.
- Without prejudice to our other rights under these Retail Terms, if you breach these Retail Terms in any way, or if we reasonably suspect that you have breached these Retail Terms in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our Service;
- permanently prohibit you from accessing our Service;
- block computers using your IP address from accessing our Service;
- contact any or all of your internet service providers and request that they block your access to our Service;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our Service.
- Where we suspend or prohibit or block your access to our Service or a part of our Service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- We may suspend your access to the Service where we are investigating a complaint made about your use of the Service.
- From time to time we may run competitions, free prize draws and/or other promotions on our Service.
- Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
- You acknowledge that the Services being made available under these Retail Terms are non-exclusive, concessionary facilities which will also be made available by us to other parties, and that we intend to upgrade and endeavour to further upgrade the services and facilities which we offer to the public and the mode and manner in which the same are and shall be provided to the public and that these Retail Terms are without prejudice to the manner and mode in which we may continue to provide similar or different functions to the public and others in the future.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Retail Terms.
- You hereby agree that you shall not assign, delegate or otherwise deal with all or any of your rights and obligations under these Retail Terms without our prior written consent.
- If a provision of these Retail Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these Retail Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Failure by us to exercise and enforce any rights conferred by these Retail Terms shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any right on any later occasion.
- These Retail Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.
- “frockadvisor” and “fotocon” are Irish registered trademarks of frockadvisor Limited.
- To contact us, please email email@example.com.
- www.fafinder.com is a Website operated by frockadvisor Limited (we or us). We are registered in Ireland under company number 531880 and we have our registered office at St. Gall’s House, St. Gall Gardens South, Milltown, Dublin 14, Ireland. Our main trading address is Unit 7, 34 Ushers Quay, Dublin 8. Our VAT number is 3208343SH.