THIS AGREEMENT is made between Globechain.com and you ("the User").
If you wish to give away or obtain items via the Globechain.com Website, you must agree to the terms below as the basis which governs such transactions and must click the "I accept" button at the end of these terms. If you do not agree to any of the terms, do not use the Globechain.com Website.
The Globechain.com Website provides an on-line platform for re-using items members no longer want. The items available are offered by third parties not Globechain.com.
The mission of Globechain is to connect individuals, organisations and charities to enable them to be more productive and cost effective with respect to recycling / reuse. To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help you, your associates, and millions of other members meet, exchange ideas, learn, make deals, find opportunities, work, and make decisions in a network of trusted relationships and groups.
A. Scope and Intent.
i. If a Recipient wishes to obtain any items it sees on the Globechain.com website, they must conclude the Transaction directly with the Giver on such terms and conditions as they agree. No money or other form of payment is to change hands between Recipient and Giver for the item although postage and packaging costs may be incurred for individuals using the site.
ii. A Giver may prefer to give an item to a Charity Shop located through the Globechain.com Website.
iii. Globechain.com is not responsible for the satisfactory conclusion of any Transactions made in respect of items featured on the Globechain.com Website or for any subsequent enquiries or problems that may arise.
Use of the Globechain.com website is free except that Globechain.com may derive from the network operator a percentage of the cost of texts and calls Users make in relation to their use of the Globechain.com website.
iv. When you register on the Globechain.com website as a member, you will automatically become subject to the ratings system that Globechain.com uses to rate the performance of members and which is based on the assessments of other members who have dealt with you.
All Users must be at least 18 years old.
In this Agreement, the following terms shall have the following meanings:-
"Charity Shops" - charities whose details are listed via the Globechain.com website.
"Giver" - a person or entity who advertises Material on the Globechain.com website and wishes to give such Material away by recycling / reusing it through the Globechain.com website
"House Clearance" - a clearance of an entire or part of a house containing a variety of items by a Giver.
"Information" - written information and graphic information and images relating to material uploaded to or posted on the Globechain.com website.
"Intellectual Property Rights" - all copyrights, patents, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
"Material" - item(s) which the Giver is offering to give away, the Information relating to which is listed on the Globechain.com website.
Globechain.com" – Globechain (UK) Limited which is the owner of the Globechain.com website and whose registered office is located at C/O EHL Commerical, 25 Southampton Buildings, Central Court, London, WC2A 1AL.
"Globechain.com Website" - www.Globechain.com.
"Recipient" - an entity or individual which receives Material from a Giver.
"Registration Details" - the details of the Member provided on registering for the Globechain.com Website including post code, email address, name, age and, security questions.
"Service" - the provision of the Globechain.com Website as a forum for Transactions.
"Transaction" - a re-use transaction effected in respect of an item featured on the Globechain.com Website.
"Unacceptable" - Material or Information which under the laws of any jurisdiction from which the Globechain.com Website may be accessed may be considered to be any of the following:-
a. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
a. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
b. in contravention of legislation, including without limitation, that relating to counterfeiting, piracy, weapons, animals or alcohol;
d. harmful to Globechain.com's reputation.
"User" - either a Recipient or a Giver.
1. YOUR DUTIES.
A. Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
1. DOs and DON’Ts;
2. Disputes and Complaints Regarding Content Posted on the Globechain Website; and
A. License and warranty for your submissions to Globechain.
You own the information you provide Globechain under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Globechain a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Globechain, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Globechain, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Globechain profile information accurate and updated.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Globechain account, (3) are not a competitor of Globechain or are not using the Services for reasons that are in competition with Globechain; (4) will only maintain one Globechain account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Globechain, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
I The User's Registration Details and data relating to its use of the Globechain.com Website will be recorded by Globechain.com but this information shall not, subject to the other provisions of this Agreement, be disclosed to third parties (otherwise than on an aggregated, anonymous basis) nor used for any purpose unrelated to the Globechain.com Website
ii. Users can communicate their contact details to other Users using the facility provided by Globechain.com Website but do so at their own risks Globechain.com discloses the post code but it is the members choice whether to disclose their any other details however do so at their own risk.
iii. Globechain.com may send a small file to the User's computer when it visits the Globechain.com Website. This "cookie" will enable Globechain.com to identify the User's computer, track its behaviour on the Globechain.com Website and to identify the User's particular areas of interest so as to enhance the User's future visits to the Globechain.com Website. The cookie will not enable Globechain.com to identify the User and Globechain.com shall not use it otherwise than in relation to the Globechain.com Website. The User can set their computer browser to reject cookies but this may preclude use of certain parts of the Globechain.com Website or alternatively they can tick a box under create account to decline preferred 3rd party companies contacting them.
iv. The User hereby authorises Globechain.com to store any information which it submits to the Globechain.com Website and to enable other Users to access such information to help to process any Transaction in accordance with the information exchange system. Globechain.com does not disclose any further information, this is left up to the members discretion to disclose what they wish to at their own risk. However, it is the Users who are responsible for completing the Transaction themselves. Globechain.com may also use Users' personal information to inform them of special offers and for other marketing and related purposes. Globechain.com will not use User data for any other purposes than as set out in this Agreement except that Globechain.com may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
v. If the User does not wish Globechain.com to use its information as set out in section C above, it should leave the Globechain.com Website before submitting its personal details.
vi. Globechain.com has adopted appropriate security procedures in order to protect the User's personal information.
vii. Globechain.com reserves the right to suspend or terminate a User's account where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, Globechain.com will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity.
viii. For the avoidance of doubt, Globechain.com is providing a service not goods.
ix. Globechain.com owns all Intellectual Property Rights in the Globechain.com Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof.
D. Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Globechain account to another party; and (5) refrain from charging anyone for access to any portion of Globechain, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Globechain’s contact us page.
E. Giver Obligations
I. The Giver recognises and accepts that it bears sole responsibility for all Material and all Information relating to items it wishes to give away and the Giver hereby indemnifies and holds harmless Globechain.com and the Recipient in the event that the Material or Information is Unacceptable.
Globechain.com shall retain the right at all times to refuse to provide the Service or any part thereof, including without limitation, the right:-
I. to refuse to include any Unacceptable Information on the Globechain.com Website;
I. to remove any Unacceptable Information from the Globechain.com Website;
I. without prior notice to the Giver, to remove details of any Material from the Globechain.com Website and to change the duration for which it had previously agreed to display any Material on the Globechain.com Website.
I. Posting of Information by Globechain.com on the Globechain.com Website shall not under any circumstances constitute a waiver of any of its rights in relation to such Information or of any breach of the Giver's obligations under this Agreement.
I. The Giver warrants, represents and undertakes in relation to all Material and Information (including, for the purposes of this Clause, any Information which it requests Globechain.com to post on the Globechain.com Website) that no such Material or Information shall be Unacceptable and that the Giver has obtained full and effective licence(s) from all relevant third parties allowing it to give away the Material and to include such Information on the Globechain.com Website and that it can convey good title in such Material to the Recipient and the Giver hereby holds harmless indemnifies Globechain.com in respect of the consequences of any breach of this clause.
I. The Giver warrants that the Information will be accurate, relate only to the Material, and not to any other matter, and will not include links to other websites and that the Material will be categorised by the Giver within the appropriate category(ies) on the Globechain.com Website.
I. The Giver undertakes to pay all taxes, fees, levies and duties whether for export or otherwise arising in any part of the world in connection with Transactions relating to the provision of its Material via the Globechain.com Website. Where Globechain.com pays any such sums, the Giver undertakes to reimburse such sums to Globechain.com immediately on demand.
I. The Giver undertakes fully to virus-check all data supplied to Globechain.com pursuant to this Agreement and to use its best endeavours to eliminate any viruses or other harmful code prior to posting.
I. The Giver undertakes not to embark on any course of action, whether by use of the Globechain.com Website or any other means, which may cause a disproportionate level of Website activity without providing at least seven day’s prior notice in writing to Globechain.com.
I. Where the Giver makes or gives warranties, representations or undertakings to Globechain.com under the terms of this Agreement, those warranties, representations or undertakings are also made for the benefit of the Recipient who shall be entitled to rely on them.
I. The parties agree that the Giver is the sole author, editor or publisher of the Information included on the Globechain.com Website in relation to the Material that it wishes to give away.
I. The Giver acknowledges that if it decides to give away any Material to a Charity, the Giver is solely responsible for organising delivery to such Charity and that Globechain.com will have no responsibility or liability whatsoever in relation to the Giver's dealings with such Charity.
F. Recipient “taker of item(s)” Terms
I. All Material offered on the Globechain.com Website is offered by third parties not by Globechain.com. Accordingly, the Material is delivered on an “as is” basis and Globechain.com shall not have any responsibility/liability for such Material or any defects therein or for failure to deliver the same. It is the Recipient's sole responsibility to satisfy itself prior to entering into a Transaction that the Material is suitable for its purposes.
I. Globechain.com gives no warranties, whether express or implied, statutory or otherwise, which relate to the condition or fitness for any purpose of the Material or any part thereof or to the care or skill with which the Material or any part thereof has or should have been (or, as the case may be, will or ought to be) prepared are hereby expressly excluded. However, Recipient may be able to rely or express and/or implied warranties and conditions arising out of its agreement with the Giver.
I. Globechain.com does not represent or warrant that the Information is accurate, complete or current. Globechain.com has no liability whatsoever in respect of any reliance which the Recipient places on such Information.
I. Globechain.com cannot guarantee that any Recipient will be successful in obtaining any particular item of Material it sees on the Globechain.com
I. The Recipient obtains no Intellectual Property Rights in the Material it obtains.
I. The Recipient undertakes to pay all taxes, fees, levies and duties whether for import or otherwise arising in any part of the world in connection with Transactions relating to obtaining any Material via the Globechain.com Website. Where Globechain.com pays any such sums, the Recipient undertakes to reimburse such sums to Globechain.com immediately on demand.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Globechain.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Membership Services”), you agree to Globechain storing your payment card information. You also agree to pay the applicable fees for the Membership Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Membership Services here. You also acknowledge that Globechain’s Membership Services are subject
to this Agreement and any additional terms related to the provision of the Membership Service.
I. Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
J. Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, Globechain may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Globechain to an email address associated with your account, even if we have other contact information. You also agree that Globechain may communicate with you through your Globechain account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Globechain account or services associated with Globechain.
You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
K. Globechain Applications.
Globechain may offer the Services through applications built using Globechain’s platform (“Globechain Applications”). Examples of Globechain Applications include its smart phone applications (Globechain for Blackberry or Globechain for iPhone), and Globechain’s “Share” buttons and other interactive plugins distributed on websites across the web. Globechain Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a Globechain Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Globechain plugins that load in your browser may be communicated to us.
Further, by importing any of your Globechain data through the Globechain Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Globechain account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Globechain through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
L. Globechain Groups
Globechain may offer various forums such as groups, clubs, and network updates, where you can post your observations and comments on designated topics. Globechain also enables sharing of information by allowing users to post updates, including links to news articles and other information such as product recommendations, and other content to their profile and other parts of the site, such as Globechain Groups and Globechain Company Pages.
Globechain members can create Globechain Groups, company and club pages for free, however, Globechain may close or transfer Globechain groups, company or club pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights.
Please note that ideas you post and information you share may be seen and used by other Users, and Globechain cannot guarantee that other users will not use the ideas and information that you share on Globechain. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Globechain Group, into your network updates, or elsewhere on Globechain.
GLOBECHAIN IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY GLOBECHAIN COMMUNITY FORUMS SUCH AS THE GLOBECHAIN BLOG, GROUPS OR CLUBS.
N. Contributions to Globechain
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Globechain through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Globechain is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Globechain shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Globechain may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Globechain all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Globechain under any circumstances.
1. YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 9, we grant you a limited, revocable, nonexclusive, non-assignable, non-sub licensable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Globechain or its Users), view information and use the Services that we provide on Globechain webpages and in accordance with this Agreement. Any other use of Globechain contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Globechain commercially unless expressly authorized by Globechain) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Globechain and all related items, including any and all copies made of the Globechain website.
1. OUR RIGHTS AND OBLIGATIONS.
A. Services Availability.
For as long as Globechain continues to offer the Services, Globechain shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Globechain as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Globechain, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Globechain further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Globechain to be contrary to this Agreement. For avoidance of doubt, Globechain has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
A. Third Party Sites and Developers.
Globechain may include links to third party web sites (“Third Party Sites”) on www.Globechain.com, and elsewhere. Globechain also may enable third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Globechain through its developer platform.
Globechain is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Globechain also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Globechain account, that application or website can access information on Globechain related to you and your connections.
A. Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Globechain, our Users or the public.
A. Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. Globechain may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Globechain reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Globechain determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON GLOBECHAIN, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GLOBECHAIN AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GLOBECHAIN DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GLOBECHAIN OR ANYTHING RELATED TO GLOBECHAIN, YOU MAY CLOSE YOUR GLOBECHAIN ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
GLOBECHAIN IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GLOBECHAIN TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. GLOBECHAIN DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GLOBECHAIN DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
GLOBECHAIN DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GLOBECHAIN DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GLOBECHAIN DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GLOBECHAIN SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
1. LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Globechain nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Globechain Affiliates”) shall be cumulatively liable for (a) any damages in excess of three times the most recent annual fee that you paid for a Membership Service, if any, or £100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Globechain. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
B. Not apply to any damage that Globechain may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
C. Not apply if you have entered into a separate agreement to purchase Membership Services with a separate Limitation of Liability provision that supersedes this section in relation to those Membership Services.
D. Globechain.com is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement or any Transaction or any use of the Globechain.com Website or for any wasted management time, misrepresentation, failure to make anticipated savings or liability of the User to any third party arising in any way in connection with this Agreement or any use of the Globechain.com Website or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
E. Whilst Globechain.com will make all reasonable attempts to exclude viruses from the Globechain.com Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading Information from the Globechain.com Website.
F. Globechain.com shall not be liable for ensuring that the Information on the Globechain.com Website is not Unacceptable and the Recipient in obtaining any Material from a Giver via the Globechain.com Website accepts that it does so exclusively at its own risk.
G. Globechain.com is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
H. Globechain.com provides a platform for Users to recycle / re-use goods and has no control over or responsibility for the quality, safety, or legality of such goods or the ability of a Giver to convey good title to such goods.
I. Each User hereby acknowledges that Globechain.com is not and cannot be responsible for the behaviour of other Users or the quality or legality of goods offered by other Users. Without prejudice to the generality of the foregoing, such behaviour may include fraud or misrepresentation.
J. Globechain.com is not responsible for the direct or indirect consequences of a User linking to any other website from the Globechain.com Website.
K. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Globechain.com or its appointed agents.
A. Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to Globechain. This notice will be effective upon Globechain processing your notice. Globechain may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Globechain or the party paying for the services may terminate your access to any Membership Services. Termination of your Globechain account includes disabling your access to Globechain and may also bar you from any future use of Globechain.
A. Misuse of the Services.
Globechain may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Globechain messaging services; creating multiple or false profiles; using the Services commercially without Globechain’s authorisation, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 9, or any other behaviour that Globechain, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Globechain has adopted a policy of terminating accounts of Users who, in Globechain’s sole discretion, are deemed to be repeat infringers under the United Kingdom Copyright Act.
A. Effect of Termination.
Upon the termination of your Globechain account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
1. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
A. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Globechain services, third-party content or third party software.
A. Amendments to this Agreement.
A. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Globechain Affiliate shall be deemed legally binding on any Globechain Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Globechain.
A. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
A. Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Globechain Corporation for any third party that assumes our rights and obligations under this Agreement.
A. Potential Other Rights and Obligations.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United Kingdom.
This written Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
1. GLOBECHAIN USER “DOS” and “DON’TS.”
As a condition to access Globechain, you agree to this Terms and Conditions and to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notices sent by Globechain concerning the Services; and
5. Use the Services in a professional manner.
B. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content to Globechain;
2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
3. Create a user profile for anyone other than a natural person;
4. Harass, abuse or harm another person, including sending unwelcomed communications to others using Globechain;
5. Invite people you do not know to join your network;
6. Upload a profile image that is not your likeness or a head-shot photo;
7. Use or attempt to use another's account without authorization from the Company, or create a false identity on Globechain;
8. Upload, post, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
b. Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Globechain);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Globechain invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Globechain to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Globechain or any User of Globechain;
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Globechain (excluding content posted by you) except as permitted in this Agreement, Globechain’s developer terms and policies, or as expressly authorized by Globechain;
11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof 12. Utilize or copy information, content or any data you view on and/or obtain from Globechain to provide any service that is competitive, in Globechain’s sole discretion, with Globechain;
13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Globechain unless you have entered into a written agreement with Globechain (this includes, but is not limited to, representing yourself as an accredited Globechain trainer if you have not been certified by Globechain as such);
14. Adapt, modify or create derivative works based on Globechain or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Globechain’s developer program;
15. Rent, lease, loan, trade, sell/re-sell access to Globechain or any information therein, or the equivalent, in whole or part;
16. Sell, sponsor, or otherwise monetize a Globechain Group or any other service or functionality of Globechain, without the express written permission of Globechain.
17. Deep-link to the Site for any purpose, (i.e. including a link to a Globechain web page other than Globechain’s home page) unless expressly authorized in writing by Globechain or for the purpose of promoting your profile or a Group on Globechain.
18. Remove any copyright, trademark or other proprietary rights notices contained in or on Globechain, including those of both Globechain and any of its licensors;
19. Remove, cover or otherwise obscure any form of advertisement included on Globechain;
20. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Globechain except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
21. Share information of non-Users without their express consent;
22. Infringe or use Globechain’s brand, logos and/or trademarks, including, without limitation, using the word “Globechain” in any business name, email, or URL or including Globechain’s trademarks and logos except expressly permitted by Globechain;
23. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
24. Use bots or other automated methods to access Globechain, add or download contacts, send or redirect messages, or perform other activities through Globechain, unless explicitly permitted by Globechain;
25. Access, via automated or manual means or processes, Globechain for purposes of monitoring Globechain’s availability, performance or functionality for any competitive purpose;
26. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Globechain’s website;
27. Attempt to or actually access Globechain by any means other than through the interfaces provided by Globechain such as its mobile application or by navigating to http://www.Globechain.com using a web browser. This prohibition includes accessing or attempting to access Globechain using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Globechain;
28. Attempt to or actually override any security component included in or underlying Globechain;
29. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Globechain’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Globechain personnel, attempting to gain unauthorized access to Globechain, or transmitting or activating computer viruses through or on Globechain;
30. Interfere with or disrupt or game Globechain or the Services, including, but not limited to, any servers or networks connected to Globechain, in particular Globechain's search algorithms.
10. FRAUD AND INTELLECTUAL PROPERTY RIGHT INFRINGEMENT
A. Globechain.com takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold Globechain.com liable in relation to such issues, Globechain.com requests all Users to report such matters immediately by email. Globechain.com does not provide a service for the investigation or prosecution of alleged fraud or Intellectual Property Right Infringement by its members but Globechain.com shall:-
I. Endeavour on notification to inform the appropriate authorities;
I. Terminate the membership of any person who appears to have been guilty of such behaviour.
I. In addition to the terms set out herein, a Giver may wish to make the provision of Material subject to its own terms and conditions. It is up to the Giver to incorporate those terms validly into the contract it forms with the Recipient. However, in the event of any conflict between any terms in the Giver's terms and those set out in this Agreement, the terms of this Agreement shall prevail.
I. Globechain.com reserves the discretion to remove any Information from the Globechain.com Website without prior notice.
I. Users will be invited to send comments to Globechain.com by email relating to the integrity and performance of other Users. This will be used for ratings and barring purposes. Globechain.com is not responsible for the consequences of any negative ratings it publishes on the Globechain.com Website as these represent the views of other Users not those of Globechain.com
11. COMPLAINTS REGARDING CONTENT POSTED ON THE GLOBECHAIN WEBSITE.
Globechain.com is not responsible for the resolution of any disputes between Users in respect of any Transactions or related transactions arising directly or indirectly out of use of the Globechain.com Website and Globechain.com does not provide any forum for or assistance in relation to the Resolution of any such disputes.
If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
Globechain.com reserves the right to assign or subcontract any or all of it rights and obligations under this Agreement.
Any notice given pursuant hereto may be served by post, personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Globechain.com of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
Globechain.com shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
Any delay or forbearance by Globechain.com in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
This Agreement and all Transactions shall be governed by the laws of England and the Parties submit to the non-exclusive jurisdiction of the Courts of England and Wales.
12. PERSONAL SAFETY
Globechain.com strongly advises all Users to make arrangements in relation to transactions in such a way as to protect their personal safety and, where possible, not to allow other Users into their homes or offices.