Terms of Use
Terms of Use
Updated: 18 December 2014
Please read these terms and conditions carefully and do not use the Services or the Sites if you do not accept all of the Terms.
Introduction
Welcome to www.KashADS.com ("KashADS"). By accessing KashADS.com you are agreeing to the terms and conditions applicable to your access and use of the website at www.KashADS.com (a “Site”). This document is a legally binding agreement between you as User(s) of the Site (hereinafter referred to as “you”, “your”, “ User” or “Member”) and the KashADS.com entity listed in clause 3.1 below (hereinafter referred to as “we ”, “our”, “KashADS” “Kashtelyans Ltd” or “KashADS.com”). KashADS.com is provided to you by KashADS, which is the registered trading name of Kashtelyans Ltd, Osbourne House, 143-145 Stanwell Road, Ashford, Middlesex, TW15 3QN, United Kingdom, registered in England and Wales under number 07257746. This policy is effective as of 18 December 2014.
1. Acceptance of the Terms of Use (the Terms)
1.1. Your use of the Site, KashADS.com’s services, software and products (hereinafter collectively referred to as the “Services”) is subject to the terms and conditions contained in this document as well as the Cookies Policy, Privacy Policy, Posting Policy and any other rules and policies of the Site that KashADS.com may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.
1.2.You acknowledge and agree that KashADS.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.3.If KashADS.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.
1.4.You may be required to enter into a separate agreement, whether online or offline, with KashADS.com or our affiliate for any Service (“ Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.5.You may not use the Services and may not accept the Terms if:
1.5.1. you are not of legal age to form a binding contract with KashADS.com (please note legal age to use the Site is 18 (eighteen) years of age, or
1.5.2. you are not permitted to receive any Services under the laws of the United Kingdom or other countries/regions including the country/region in which you are resident or from which you use the Services.
2. Users Generally
2.1.As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
2.2.You must read KashADS.com’s Privacy Policy which governs the protection and use of personal information about Users in the possession of KashADS.com. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with our Privacy Policy.
2.3.You agree to use the Site or Services solely for your own private and internal purposes. You agree that:
2.3.1. you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and
2.3.2. you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with KashADS.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from KashADS.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
2.4.You agree not to undertake any action to undermine the integrity of the computer systems or networks of KashADS.com and/or any other User/Member nor to gain unauthorized access to such computer systems or networks.
2.5.By submitting or displaying any content, information or material (“User Content”) on the Site, you automatically grant KashADS.com the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You acknowledge that KashADS.com is not obliged to publish any material submitted by you. You confirm and warrant to KashADS.com that you have all the rights, power and authority necessary to grant the above license. By submitting User Content to KashADS.com you automatically agree to be bound by the Terms of Use.
2.6.You agree not to undertake any action which may undermine the integrity of KashADS.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User/Member.
2.7.KashADS.com may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels, featured ads or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Site. You acknowledge that KashADS.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites. KashADS.com provides these links for your convenience only but does not necessarily endorse the material, products or services on these sites.
2.8.The websites contain material (including but not limited to advertisements) submitted and created by third parties. All advertisements published in KashADS.com are subject to the Terms of Use. All third party material is published by KashADS.com in good faith. KashADS.com do not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and KashADS.com specifically disclaims and excludes all liability to any person (by the advertiser, reader, user or member) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and KashADS.com takes no responsibility for such material.
2.9.In the event that you purchase or obtain any goods or services from a third party, then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and KashADS.com will have no liability to you in respect of the same.
2.10. All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that KashADS has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of KashADS or of any third party.
3. Provision of Services
3.1. You must register as a member on the Site in order to access and use some or all Services. Further, KashADS.com reserves the right, without prior notice, to restrict access to or the use of certain or all Services (or any features within the Services) to free or paying Users/Members or subject to other conditions that KashADS.com may impose at our discretion.
3.2.Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof, or the same type and extent of the Service or features and functions thereof, will be available for Users/Members. KashADS.com may, at our sole discretion, limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users/Members.
3.3.KashADS.com may launch, change, upgrade, impose conditions to, suspend, or stop any or all Services (or any features within the Services) without prior notice except that, in case of a fee-based Service, such changes will not substantially adversely affect the paying Users/Members in enjoying that Service.
3.4.Some Services may be provided by KashADS.com’s affiliates on behalf of KashADS.com. If there are or will be in future any KashADS.com’s affiliates, KashADS will update the Terms accordingly.
4. Transactions between Users, Members, Buyers and Sellers
4.1. KashADS.com does not review users' postings (Selling Offers, Buying Offers, Directory Listings, and User Content on profile) and are not involved in the actual communications and/or transactions between Users/Members. As most of the content on KashADS.com comes from other Users/Members, we do not guarantee the accuracy of postings or user communications, or the quality, safety, or legality of what is offered.
4.2.Nothing in these terms shall limit our liability for fraudulent misrepresentation, 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 that other Users/Members post or do.
4.3.In no event do we, KashADS, accept liability of any description for User Content 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 or company 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.
4.4.Through the Site, KashADS.com provides an electronic web-based platform for exchanging information between Users, Members, Buyers and Sellers of products and services for Members to place, accept, conclude, manage and fulfil orders for the provision of products and services online within the Site, subject to the Terms of Use, Cookies Policy, Privacy Policy and Posting Policy. However, for any Services, KashADS.com does not represent Users, Members, neither the Buyer nor the Seller, in specific transactions. KashADS.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the Users, Members, Sellers to complete a sale or the ability of Users, Members, Buyers to complete a purchase.
4.5.Users/Members are hereby made aware that there may be risks of dealing with people or companies acting under false pretences. KashADS.com does not verify information on Users/Members and User’s Content provided on the Site. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
4.6.Each User/Member acknowledges that they are fully assuming the risks of conducting any purchase and sale transactions in connection with the use of the Site or Services, and that they are fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users/Members may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products or services. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that KashADS.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
4.7.Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
4.8.User/Member agrees to provide all information and materials as may be reasonably required by KashADS.com in connection with your transactions conducted on, through or as a result of use of the Site or Services. KashADS.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
4.9.KashADS.com is 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 KashADS.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring from Transaction Risks.
5. Member Accounts
5.1.Users must be registered on the Site to access or use some or all Services (a registered User is also referred to as a “Member” below). Except with KashADS.com’s approval, one User may only register One Member account on the Site. KashADS.com may cancel or terminate a User’s member account if KashADS.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, KashADS.com may reject a User’s application for registration for any reason. Such User’s account(s) may be deleted without any notice.
5.2.Upon registration on the Site, the User must provide a valid member ID which is not changeable at a later date. A Member’s Account may have a web-based message account with limited storage space for the Member to send or receive messages. Incoming and Outgoing messages may be reviewed for security and training purposes.
5.3.The Member’s ID should be different from first part of the email registered on the account due to security reasons. The password created during registration should be different from the email address submitted on the account.
5.4.A set made up of Member ID, email address and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of their Member ID, email and password and for all activities that occur under their account. No Member may share, assign, or permit the use of their Member’s account, ID or password by another person outside of the Member’s own business entity. The Member agrees to notify KashADS.com via the Contact Us page immediately if they become aware of any unauthorized use of their password or account, or any other breach of security on their account.
5.5.Members may request to reset their password and a temporary password will be emailed to the Member’s email address or to the email address registered on Member’s account. Members agree to change the temporary password provided by KashADS.com on first login with their own chosen password. KashADS.com does not hold and is not in possession of the password-set for the account and cannot provide the account's password or temporary password to the Member or other Users and/or Members.
5.6.Email addresses are not shown on the Site Content. When Members provide the email address registered on their account to other Users/Members, they do so at own risk and responsibility.
5.7.Members agree that all activities that occur under their account (including without limitation, posting any personal, company, product information or services, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending messages using the message account) will be deemed to have been authorized by the Member.
5.8.Members accept that any sharing or use of their Skype user ID or any communications using Skype are at the Member's own risk.
5.9.Members acknowledge that sharing their account with other person(s), or allowing multiple users outside of their business entity to use their account (collectively, "multiple use"), may cause irreparable harm to KashADS.com or other Users of the Site. Members shall indemnify KashADS.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of their account. Member also agree that, in case of multiple use of their account or a Member’s failure to maintain the security of their account, KashADS.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate the Member’s account without liability to the Member.
6. Members' Responsibilities
6.1.Each Member represents, warrants and agrees that
6.1.1. you have full power and authority to accept the Terms of Use, Cookies Policy, Privacy Policy, Posting Policy and any other rules and policies of the Site to grant the license and authorization and to perform the obligations hereunder;
6.1.2. you use the Site and Services for personal and business purposes only; and
6.1.3. the address you provide when registering is the principal place of business of your personal or business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
6.2.Members will be required to provide information or material about their personal or business entity, or products/services as part of the registration process on the Site or their use of any Service or their member account. Each Member represents, warrants and agrees that
6.2.1. such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
6.2.2. they will maintain and promptly amend all information and material in order to keep it true, accurate, current and complete.
6.3.Upon becoming a Member, you consent to the inclusion of your contact information in our database and authorize KashADS.com to share the contact information with other Users/Members or otherwise use your personal information in accordance with our Privacy Policy.
6.4.Each Member represents, warrants and agrees that
6.4.1. you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display;
6.4.2. any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and
6.4.3. you have the right and authority to sell, trade, distribute or export, or offer to buy or sell, distribute the products or services described in the User Content and that such sale, trade, distribution or export or offer does not violate any Third Party Rights.
6.5.Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
6.5.1. be true, accurate, complete and lawful;
6.5.2. not be false, misleading or deceptive;
6.5.3. not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
6.5.4. not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.5.5. not violate our Posting Policy, other Terms or any applicable Additional Agreements;
6.5.6. not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
6.5.7. not contain any link directly or indirectly to any other website which includes any content that may violate the Terms.
6.6.Members may not use the Services and their member account to engage in activities which are identical or similar to KashADS.com’s Site.
6.7.Each Member further represents, warrants and agrees that they shall:
6.7.1. carry on their activities on the Site in compliance with any applicable laws and regulations;
6.7.2. conduct their business transactions with other Users/Members of the Site in good faith;
6.7.3. not engage in any activities that would otherwise create any liability for KashADS.com or our affiliates;
6.7.4. carry on their activities in accordance with the Terms and any applicable Additional Agreements;
6.7.5. not attempt to copy, reproduce, exploit or expropriate KashADS.com’s various proprietary directories, databases and listings;
6.7.6. not use the Services or Site to defraud any person or entity (including without limitation the sale of stolen items, use of stolen credit/debit cards or bank account details);
6.7.7. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
6.7.8. not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
6.7.9. not engage in spamming or phishing;
6.7.10. not make use of any scheme to undermine the integrity of the data, systems or networks used by KashADS.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
6.7.11. not make use of any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
6.8.Members acknowledge and agree that KashADS.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any messages or material or information created, obtained or accessible through the Services or Site. KashADS.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information or User Content all together.
6.9.Members agree that all messages and communications received from other Members via web-based message accounts will be emailed to the email address registered on the account or to the email address held on the Member’s account.
6.10. Members agree that, from time to time, they may receive messages from KashADS.com and/or KashADS.com’s affiliates. Those messages will be emailed to the email address registered on the account or to the email address held on the Member’s account.
6.11. Members acknowledge and agree that each Member is solely responsible for observing applicable laws and regulations in their respective jurisdictions in order to ensure that all use of the Site and Services is in compliance with the same.
6.12. Member agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for KashADS.com’s provision of Services, when evaluating whether a Member has breached the Terms and/or when handling any complaint against the Member. If a Member’s failure to do so results in a delay in, or suspension or termination of the provision of any Service, KashADS.com shall not be obliged to extend the relevant service(s) period nor shall it be liable for any loss or damages arising from such delay, suspension or termination.
7. Payments for Premium (Payable) Memberships
7.1.KashADS has 2 (two) Levels of Membership where one is Free membership and another type memberships is Premium (Payable) :
7.1.1. Bronze (Free) Membership
7.1.2. Platinum Membership (Premium)
7.2.Any member can sign up to any one of these two memberships at any time during registration. Please take note of the price signed up for – this is the amount which will be billed by PayPal for the selected membership. The selected price will be charged on a monthly basis until the subscription is cancelled by members from their PayPal account.
7.3.There is no minimum contract term - members are not signing up for any minimum contract term. Members can therefore cancel their premium subscription at any time.
7.4.Failure to maintain payments will result in PayPal cancelling your subscription and your profile will be automatically downgraded to Bronze (Free) membership from the next payment date. When a profile is downgraded, the member will revert to the benefits of Bronze (Free) membership. Only last posted three Buy Offers and last posted three Sell Offers will be displayed. If any Directory listing(s) were posted prior the profile downgrade to Bronze (Free), these will be deleted as Bronze (Free) membership does not allow Directory listing(s)s to be posted.
7.5. If payment is cancelled by a member from their PayPal account, or if payment is cancelled by PayPal, the profile is downgraded to Bronze (Free). Should, the member subsequently wish to sign up for the same Premium membership, the member must sign up for a monthly subscription as available at the time. KashADS cannot guarantee the same Premium membership at the same monthly subscription that the member paid previously. Therefore, it is essential that members maintain and update their PayPal account regularly.
7.6.In order to avoid cancellation of your subscription by PayPal, KashADS recommends you Verify your PayPal account and add more than one payment method in your PayPal Account, i.e.: bank account and/or debit/credit card.
7.7. All KashADS.com subscriptions and fees are inclusive of VAT at the prevailing rate. KashADS' VAT number is: GB 144386895.
8. Upgrading and Downgrading Membership
8.1.Upgrading from Bronze (Free) to Platinum (Premium) membership
8.1.1. There is no limitation on upgrading from Bronze (Free) membership to the Platinum (Premium) membership.
8.2.Timeframe before changes are applied to subscription
8.2.1. Due to PayPal restrictions, members are not able to modify/change their subscription less than 72 (seventy two) hours prior to the next payment date. Members can modify their current subscription any time between the payment date and 72 hours before the next payment date.
8.3.Downgrading from higher Premium membership to Bronze (Free) membership
8.3.1. Downgrading to Bronze (Free) membership can be processed in My KashADS. After selecting Bronze (Free) membership, you will be asked to login to PayPal and in My Pre-Approved Payments section, you will need to allocate and cancel the subscription. Upon cancellation of the subscription, the membership will become Bronze (Free) on the 30th day from last payment date. Accordingly, the member will start using benefits of Bronze (Free) membership on the next billing date.
8.3.2. Members will not be entitled to any partial refund as they will keep using the benefits of the current membership for 30 (thirty) days from the last payment.
9. Manual Payment Mode
9.1.Manual Payment Mode is an alternative to Debit / Credit Card or PayPal payment. Currently, Manual Payment Mode is available when registering as a new member. Manual Payment Mode is not available when you are signed in as a Bronze (Free) Member and trying to upgrade to Premium membership.
9.2.Manual Payment Mode allows members to pay for Premium membership using bank transfer. This is an annual subscription which is activated for a period of 365 days from the date of receipt of payment by KashADS (Kashtelyans Ltd). To apply for Manual Payment Mode the procedure is as follows:
9.2.1. When registering, members must select Platinum membership.
9.2.2. Next, select Debit / Credit Card / PayPal or Manual Payment Mode.
9.2.3. When Manual Payment Mode is selected, you are taken to the next step where you will be required to print out the Bank / Wire Transfer sheet.
9.2.4. Upon completing Manual Payment Mode, your profile will remain a Bronze (Free) membership until KashADS (Kashtelyans Ltd) receives the payment for the selected Platinum membership.
9.2.5. You are required to make the payment using the details on the Bank / Wire Transfer sheet and, most importantly, the payment reference number must be entered on the Bank / Wire Transfer sheet.
9.2.6. Once payment has been effected, the member must go to My KashADS and confirm the date when payment was made.
9.2.7. Upon receiving confirmation from the member as well as confirmation from the bank regarding the receipt of payment, the member’s profile will be upgraded to the selected type of membership.
9.2.8. Please note: if the payment received via Bank / Wire Transfer is higher or lower than the required payment, KashADS will upgrade the account for 365 days (+/- number of days prorated to the underpayment/overpayment)
9.3.The Member’s profile will retain the selected membership level for 365 days from the date of receipt of payment by KashADS (Kashtelyans Ltd). KashADS will send the member an email reminder 30 (thirty) days prior to expiry of the membership. Failure to upgrade will result in the membership being downgraded to Bronze (Free) membership on the expiry date (i.e. the 365th day).
9.4.On the 365th day, members can extend membership using the Debit / Credit Card or PayPal option. Membership cannot be extended using the Manual Payment Mode.
9.5.There is no cancellation or cooling off period when signed to any Premium membership using the Manual Payment Mode, as every member can enjoy the website’s benefits as a Bronze (Free) member before paying for Premium membership.
9.6. Due to unforeseen circumstances beyond our control, KashADS can only refund any remaining amount paid by Manual Payment Mode upon receipt of a Support Ticket. Also, the circumstances in which KashADS will consider refunds are:
9.6.1. Account no longer required due to death of the member whose details were on the account. A copy of the death certificate will be required. Upon payment of a refund, the account is deleted and no longer accessible.
9.6.2. Account is no longer required due to individual or company being declared bankrupt. A copy of the bankruptcy certificate will be required. Upon payment of a refund, the account is deleted and no longer accessible.
9.7.Any refund paid is prorated to the unused period from the moment the Support Ticket is submitted, minus 30 (thirty) days.
9.8.Refunds are only made to the original payment account (i.e. the account from which the payment was received).
9.9. All KashADS.com subscriptions and fees are inclusive of VAT at the prevailing rate. KashADS' VAT number is: GB 144386895.
10. Update to subscriptions
10.1.Due to changing circumstances beyond our control, KashADS reserves the right to change the price of membership subscriptions from time to time.
10.2. If a change in the price of subscriptions becomes necessary, KashADS will inform members about the forthcoming change at least 2 (two) calendar months in advance. Notice will be provided by email.
10.3.KashADS will do all it can to avoid increases in the price of premium membership. However, if this proves unavoidable, KashADS pledges to ensure that any increase will not be greater than 20 (twenty) % over the previous price.
10.4.KashADS further pledges that, in the event of a price increase becoming unavoidable, any future price adjustments will not occur for a reasonable period of time, and only when forced by circumstances beyond our control. Members will always be notified 2 (two) months in advance.
10.5. All KashADS.com subscriptions and fees are inclusive of VAT at the prevailing rate. KashADS' VAT number is: GB 144386895.
11. Breaches by Members
11.1. KashADS reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject KashADS.com or our affiliates to liability, or is otherwise found inappropriate in KashADS.com’s opinion.
11.2. Each Member further agrees that KashADS.com is not responsible, and shall have no liability to them or anyone else, for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. KashADS reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with KashADS.com in asserting any available defences.
11.3. If a Member breaches any Terms, or if KashADS.com has reasonable grounds to believe that any Member is in breach of any Terms, KashADS.com shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. KashADS.com shall also have the right to restrict, refuse or ban any or all current or future use of any other Service that may be provided by KashADS.com. The penalties that KashADS.com may impose include, among others, warning, removing any Buy, Sell and Directory Listings or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of Buy, Sell and Directory Listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as KashADS.com may consider appropriate at our sole discretion.
11.4. Each Member agrees to indemnify KashADS.com, our affiliates, directors, employees, agents and representatives and to hold them harmless from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
11.5. Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
11.5.1. upon complaint or claim from any third party, KashADS.com has reasonable grounds to believe that such Member has wilfully or materially failed to perform their contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items a Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party;
11.5.2. KashADS.com has reasonable grounds to suspect that any information provided by the Member is not current or complete, or is untrue, inaccurate, or misleading, or
11.5.3. KashADS.com believes that the Member’s actions may cause financial loss or legal liability to KashADS.com or our affiliates or any other Users.
11.5.4. KashADS has reasonable grounds to suspect that such Member has used a stolen credit card or bank account details or other false or misleading information in any transaction with a counter-party.
11.6. KashADS.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, KashADS.com may disclose the Member's identity and contact information if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. KashADS.com shall not be liable for damages or results arising from such disclosure, and the Member agrees not to bring any action or claim against KashADS.com for such disclosure.
11.7. KashADS.com may, at any time and at our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if KashADS.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of KashADS.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. KashADS.com shall have the right to publish the records of such breach on the Site. KashADS.com shall not be required to investigate such breach or request confirmation from the Member.
11.8. If a Member is in breach of the Terms, KashADS.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, KashADS.com also reserves the right to disclose the records of such breach to our affiliates. Such KashADS.com affiliates may impose limitations on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions and publish the records about the Member’s breach of Terms on the websites operated by or controlled by such KashADS.com affiliates.
12. General Provisions
12.1. KashADS.com shall have the right to assign the Terms (including all of our rights, benefits, interests, titles, and obligations and duties in the Terms to any person or entity, including any affiliates of KashADS.com). Members may not assign, in whole or part, the Terms to any person or entity.
12.2. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.4. KashADS.com and each Member are independent contractors, and no partnership, joint venture, agency or any kind of relationship such as franchiser-franchisee or employee-employer is intended or created by the Terms.
12.5. KashADS.com’s failure to enforce any right or failure to act with respect to any breach by a Member under the Terms will not constitute a waiver of that right nor a waiver of KashADS.com’s right to act with respect to subsequent or similar breaches.
12.6. This Agreement shall be governed and construed in all respects by the laws of England and Wales. Each Member agrees that any claim or dispute they may have against KashADS.com (Kashtelyans Ltd) must be resolved by the courts of England and Wales. Each Member and KashADS.com both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, each Member and KashADS.com (Kashtelyans Ltd) both agree to submit to the jurisdiction of the County Court of Staines, England, United Kingdom.
12.7. Subject to any Additional Agreements, the Terms constitute the entire agreement between each Member and KashADS.com and govern Members' use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.8. If a dispute arises between a Member and KashADS, KashADS strongly encourage Members to first contact us directly to seek a resolution by going to the Contact Us page on the www.KashADS.com website where Members can submit queries, complaints or disputes. Alternatively, Members' queries, complaints or disputes may be submitted by post to the following address: KashADS (Kashtelyans Ltd), Osbourne House, 143-145 Stanwell Road, Ashford, Middlesex, TW15 3QN, United Kingdom. KashADS will consider reasonable requests to resolve a dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
13. Limitation of Liability
13.1. Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk, and each User is solely responsible for any damage to KashADS.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from KashADS.com or through or from the Site shall create any warranty not expressly stated herein.
13.2. The limitations and exclusions of liability to each Member under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not KashADS.com has been advised of or should have been aware of the possibility of any such losses arising.
13.3. Each User hereby agrees to indemnify and save KashADS.com, our affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from the User's breach of any of the terms and conditions of the Terms. Each User/Member hereby further agrees to indemnify and save KashADS.com, our affiliates, directors, officers and employees harmless from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from the User's breach of any representations and warranties made by the User to KashADS.com, including but not limited to those set forth in Section 6.
13.4. To the maximum extent permitted by law, the services provided by KashADS.com on or through the Site are provided “as is”, “ as available” and “with all faults”, and KashADS.com hereby expressly disclaims any and all warranties, express or implied, but not limited to, any warranties of condition, quality, durability, accuracy, reliability, performance, merchantability or fitness for a particular purpose. All such warranties conditions, representations and undertakings are hereby excluded.
13.5. To the maximum extent permitted by law, KashADS.com makes no representations or warranties about the validity, correctness, reliability, stability, accuracy, quality, completeness or correctness of any information provided on or through the Site.
13.6. KashADS.com does not represent or warrant that the Buying and Selling Offer(s), Directory Listing(s), display, purchase, offer, manufacture, buyer, seller, service provider, importation, export, distribution, sale, purchase and/or use of products for buying /selling or services offered or displayed on the Site do not violate any third party rights; and KashADS.com makes no representation or warranties of any kind concerning any product(s) for buying /selling or service(s) offered or displayed on this Site.
13.7. Each User hereby further agrees to indemnify and save KashADS.com, our affiliates, directors, officers and employees harmless from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User/Member hereby further agrees that KashADS.com is not responsible and shall have no liability to them for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User/Member. KashADS.com reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with KashADS.com in asserting any available defences.
13.8. Notwithstanding any of the foregoing provisions, the aggregate liability of KashADS (Kashtelyans Ltd), our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year, shall be limited to the greater of
13.8.1. the amount of fees the User has paid to KashADS.com or our affiliates during the calendar year and
13.8.2. GBP50.00 (fifty GBP only). The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within 180 (one hundred and eighty) days from the date the cause of action arose.
13.9. KashADS.com shall not be liable for any punitive, incidental, special, direct, indirect or consequential damages, or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise, or any other damages resulting from any of the following:
13.9.1. the use or the inability to use the Site or Services;
13.9.2. any defect in goods, samples, data, information or services purchased or obtained from a User/Member or any other third party through the Site;
13.9.3. violation of Third Party Rights or claims or demands that User's Buying and Selling Offer(s), Directory Listing(s), display, purchase, offer, manufacture, buyer, seller, service provider, importation, export, distribution, sale, purchase and/or use of products for buying/selling or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
13.9.4. unauthorized access by third parties to data or private information of any User/Member;
13.9.5. statements or conduct of any User/Member of the Site; or
13.9.6. any matters relating to Services however arising, including negligence.
10.6.The Site may make available to User services or products for Buying or Selling provided by independent third parties. No warranty or representation is made with regard to such offers, services or products. In no event shall KashADS.com and our affiliates be held liable for any such offers, services or products.
14. Force Majeure
14.1. Under no circumstances shall KashADS.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
15. Intellectual Property Rights
15.1. "KashADS", "KashADS.com” and related icons and logos are registered trademarks or trademarks or service marks of Kashtelyans Ltd in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
15.2. KashADS.com has no independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of third parties without prior written approval from such parties.
15.3. KashADS.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with KashADS.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by KashADS.com (Kashtelyans Ltd) are hereby reserved.
16. Notices
16.1. All legal notices or demands to or upon a User/Member shall be effective if either delivered personally, sent by courier, certified mail or email address to the last-known correspondence or email address provided by the User/Member to KashADS.com during the registration or email held with payment merchant, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User/Member shall be deemed to be received by such User/Member if and when:
16.1.1. KashADS.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User/Member, or
16.1.2. immediately upon KashADS.com posting such notice on an area of the Site that is publicly accessible without charge.
16.2. You agree that all agreements, notices, demands, disclosures and other communications that KashADS.com sends to you electronically satisfy the legal requirement that such communication should be in writing.
16.3. All legal notices or demands to or upon KashADS (Kashtelyans Ltd) shall be made in writing and sent to KashADS (Kashtelyans Ltd) personally, by courier, certified mail to the following address: KashADS (Kashtelyans Ltd), Osbourne House, 143-145 Stanwell Road, Ashford, Middlesex, TW15 3QN, United Kingdom. The notices shall be effective when they are received by KashADS.com in any of the above-mentioned manners.