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Terms of Use

Introduction

Welcome to Whatisinmyarea – Local search at your fingertips!

By using our whatisinmyarea family of websites, you agree to ensure it works for everyone.

These Terms of Use constitute a legally binding agreement between you and Whatisinmyarea, effective immediately for all users of our website.

You accept these Terms of Use by ticking the check box at registration on our websites, including when posting an ad, or as otherwise indicated on our websites.

Using Whatisinmyarea

As a condition of using whatisinmyarea, you agree not to do the following:

  1. violate any laws;
  2. violate the Policies;
  3. post any threatening, abusive, defamatory, obscene or indecent material;
  4. post or otherwise communicate any false or misleading item, material or message of any kind;
  5. infringe any third-party right;
  6. distribute spam, chain letters, or promote pyramid schemes;
  7. distribute viruses or any other technologies that may harm Whatisinmyarea or the interests or property of Whatisinmyarea users;
  8. impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Whatisinmyarea;
  9. copy, modify, or distribute any other person's content without their consent;
  10. use any robot, spider, scraper, or other automated means to access Whatisinmyarea and collect content for any purpose without our express written permission;
  11. harvest or otherwise collect information about others, including email addresses, without their consent;
  12. copy, modify or distribute rights or content from Whatisinmyarea or Whatisinmyarea's copyrights and trademarks;
  13. harvest or otherwise collect information about users, including email addresses, without their consent;
  14. bypass measures used to prevent or restrict access to Whatisinmyarea;
  15. use any tool that interferes with the normal functioning of Whatisinmyarea, including, without limitation, browser plug-ins (including, but not limited to, extensions, or other software which are designed to supplement, remove or otherwise change any of Whatisinmyarea's functionalities);
  16. sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

Your Responsibility

You are solely responsible for all information that you submit to Whatisinmyarea and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Whatisinmyarea either temporarily or permanently or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Whatisinmyarea, we may, at our discretion, inform other Whatisinmyarea users that have been in contact with you and recommend that they exercise caution.

Abusing Whatisinmyarea

Whatisinmyarea and the Whatisinmyarea community work together to keep Whatisinmyarea working properly and the community safe. Please report problems, offensive content, and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content, and take technical and legal steps to keep users off Whatisinmyarea if we think that they are creating problems, infringing the rights of third parties, or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Whatisinmyarea employees or other users).

However, whether we decide to take any of these steps, remove hosted content, or keep a user off Whatisinmyarea or not, we do not have any obligation to monitor the information transmitted or stored on Whatisinmyarea and we do not accept any liability for unauthorised or unlawful content on Whatisinmyarea or use of Whatisinmyarea by users.

General Marketplace

Some of Whatisinmyarea's features may display your ad on other sites, services, applications, or tools (together a “Platform”) that are part of the Whatisinmyarea community, or on third-party Platforms, including social media channels. By using Whatisinmyarea, you agree that your ads can be displayed on these other Platforms and media channels. You may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform's policies. We may remove your ad if it is reported on Whatisinmyarea, or any third-party Platform, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using Whatisinmyarea incurs a fee, but sometimes we may have a time-limited promotion where no fees are charged. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in the relevant currency for that geographical location where the website has been accessed, and we may change them from time to time, without notification. We may choose to temporarily change our fees for promotional events or new services; these changes will be effective immediately upon the introduction of the promotional event or new service.

You are responsible for paying the Whatisinmyarea fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Whatisinmyarea if we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such an ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Whatisinmyarea users for any fees paid through use of Whatisinmyarea in the following cases:

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

Please note that the above list is not exhaustive and may include other areas at our discretion and not listed above.

Display and Placement of User Ads

We strive to create a community where users can find what they are looking for. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:

  • Users' location and search query and/or selection;
  • Advert category, content, location, and date published; and
  • If the ad has a paid-for promotion such as our boost tool.

Content

Whatisinmyarea contains content from us, you, and other users. Whatisinmyarea is protected by copyright laws and international treaties. Content displayed on or via Whatisinmyarea is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.

You agree not to copy, distribute, or modify content from Whatisinmyarea without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Whatisinmyarea. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Whatisinmyarea (other than your own content).

When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database, and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third-party Platforms and media channels.

In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the Whatisinmyarea group of websites, and on other online marketplaces, social media channels, blogs, in all types of marketing communications, and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Whatisinmyarea may at times use third-party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications, and other content. You may use such information solely in connection with your Whatisinmyarea ad while your ad is on Whatisinmyarea. The information provided may be subject to copyright, trademark, and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).

This permission is subject to modification or revocation at any time at Whatisinmyarea's sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Whatisinmyarea is not responsible for the accuracy of any third-party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information, and fully comply with these Terms of Use and all Whatisinmyarea policies. If you notice inaccuracies in this data after your ad appears on the website, please get in touch with us using our Contact Us form or via email at [email protected].

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design, and trademark (e.g., offering counterfeit items for sale). A large number of products of all sorts are offered on Whatisinmyarea by private individuals.

Entitled parties, in particular owners of copyright, trademark rights, or other rights, can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on intellectual property rights will be removed by Whatisinmyarea.

Reporting an infringement:

To participate in the Notice of Infringement Programme, please use our contact us form to let us know or email [email protected]. You can use this form to report advertisements that may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Whatisinmyarea to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Whatisinmyarea via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Whatisinmyarea users do not infringe their copyright, trademark rights, or other intellectual property rights. For all other questions, visitors and advertisers can get help using Whatisinmyarea Help.

Financial Products

In the event of any financial products advertised on Whatisinmyarea, we operate solely as an introducer for the financial products advertised on this website (which may include unsecured loans and insurance). We do not provide any advice or give any opinions on the merits of any of the financial products that we advertise, and users are advised to conduct their own research and seek independent financial advice before applying for any of these financial products.

Liability

a) Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

b) We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Whatisinmyarea comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

c) In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene, or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law.

d) You acknowledge that we cannot guarantee continuous, error-free, or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this, and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications, or tools.

Accordingly, to the extent legally permitted, we expressly disclaim all warranties, representations, and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose, and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Whatisinmyarea, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Release

If you have a dispute with one or more Whatisinmyarea users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms of Use but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy

By using Whatisinmyarea, you agree to the collection, transfer, storage and use of your personal information by Whatisinmyarea on servers located in the Netherlands, United States and China as further described in our Privacy Notice.

You and Whatisinmyarea shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will Whatisinmyarea and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from Whatisinmyarea exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the above obligations may result in disciplinary action up to and including account suspension.

As part of the services, Whatisinmyarea has access to various information about users, including personal data. This includes information that users submit to Whatisinmyarea as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).

Through Whatisinmyarea and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).

Whatisinmyarea only shares information about users with third parties if this is necessary for the provision of the services or if Whatisinmyarea is legally or contractually entitled to do so.

Upon expiry of these Terms of Use, we will delete the information you provided, or which was generated through your use of the services from your Whatisinmyarea account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.

For information regarding the processing of personal data by Whatisinmyarea, including sharing such data with third parties and your rights as a data subject, please see our Privacy Notice.

Resolution of disputes

If a dispute arises between you and Whatisinmyarea, we strongly encourage you to first contact us directly to seek a resolution by completing the Whatisinmyarea contact us form. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Whatisinmyarea constitute the entire agreement between Whatisinmyarea and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Whatisinmyarea must be resolved by the courts of England and Wales.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Whatisinmyarea website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Mobile Devices Terms

If you're accessing Whatisinmyarea Services from a mobile device using a Whatisinmyarea Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use

Whatisinmyarea grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Whatisinmyarea.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property - Applications

Whatisinmyarea owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Whatisinmyarea's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Whatisinmyarea Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications

Whatisinmyarea Applications or their underlying technology may not be downloaded to or exported or re-exported to any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws.

Additional Terms

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

Android, iOS, Windows etc - OS Owner

These Terms of Use are an agreement between you and Whatisinmyarea, and not with the OS Owner. OS Owner is not responsible for the Application and the content thereof.

Whatisinmyarea grants you the right to use the Application only on any OS product that you own or control and as permitted by the Usage Rules set forth in the OS Owner Store Terms of Service.

OS Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

OS Owner is not responsible for the investigation, defence, settlement, and discharge of any third-party intellectual property infringement claim.

OS Owner is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any failure of the Application to conform to any applicable warranty, you may notify OS Owner, and OS Owner will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, OS Owner will have no other warranty obligation whatsoever with respect to the Application.

OS Owner and OS Owner's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, OS Owner as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.