Advertising Terms and Conditions
These Advertising Terms and Conditions (“Advertising Terms”) are made between you (“Advertiser”, “you”) and Buzz-it Ltd, a company incorporated in England and Wales (under company number 12574910), and has its registered office address at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE (“GiteWorld”, “we”, “us”, “our”).
- Website and Services
We operate and manage www.giteworld.com (our “Website”), through which visitors and users can access information about listings advertised on our website and get in contact with listing owners about their listing. In consideration of the (“Listing Fee”) (defined at, and payable in accordance with, clause 4), we will list your advert on our Website (the “Services”). We will use reasonable endeavours to supply the Services in accordance with this Agreement in all material respects.
- Our Agreement
- Registration and Logging In
Receiving the services means that you have registered with us and means that you confirm that you accept these terms and that you agree to comply with them. You are responsible for keeping your account details and password safe and secure at all times. If you become aware that your account details or password have been compromised, you must contact us immediately. When logging into the Website you must ensure the browser address in full is https://www.giteworld.com/login and that your browser indicates that you have a secure connection, normally by means of a padlock icon. You should not enter your password into any other address.
- Listing Fees
To access our Website and the Services, you may possibly have to pay a listing fee, which is calculated and payable at the start of the Services in advance (“Listing Fee”). We shall be under no obligation to provide our Website or the Services to you until the Listing Fee has been paid. The Listing Fee (if any) is non-refundable notwithstanding termination of our Agreement for any reason.
- Your Obligations
(a) co-operate with us in all matters relating to the Services;
(b) provide to us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge, data and other facilities as reasonably requested by us from time to time;
(c) fulfil any purchases made by users. In the event that you are no longer the legal owner or Authorised Licensee of the property/product/service advertised, you must notify users of this and offer them the option of continuing with their purchase with the new owners (where possible) or a full refund;
(d) ensure that, where your listing is linked to an automated translation facility, such as Google Translate, the resulting translation is accurate. If it is not accurate, you must correct any deficiencies in the translation;
(e) obtain and keep in place all necessary licences required by local, regional and national law.
- Your Content
You agree that any advertisements, text, graphics or other material submitted for inclusion on the Website (“Content”), are complete and accurate and not misleading or untrue in any way. It is your responsibility to update your listing straight away if any changes to your content need to be made. You must use your best efforts to keep your content up to date at all times .
We reserve the right to reject, remove and/or amend your content which in our opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet these standards.
Your Content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in clause 10 (Intellectual Property Rights).
We have the right to disclose your identity to any third party who is claiming that any Content submitted to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
- Warranties and Indemnity
You warrant and undertake that:
(a) you have full power and authority to enter into this Agreement and that by doing so it will not be in breach of any obligation to a third party;
(b) you are the owner or authorised licensee of your Content and GiteWorld shall not be required to obtain or pay for any third party permissions or consents in respect of its use of the Content as envisaged by and in accordance with this Agreement;
(c) your Content: (i) will not infringe any intellectual property rights of any third party; (ii) are complete and accurate; (iii) are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party; (iv) will not bring GiteWorld into disrepute; and (v) where submitted electronically, is free of viruses;
(d) you are the legal owner of the item advertised (or have the written permission of the legal owner) and have the right to enter into and contractually fulfil all transactions made by a user in respect of your listing;
(e) you will not do, or omit to do, anything that could cause a user to make a complaint or bring a claim against you or us;
(f) you will use your best efforts to settle any dispute with a user acting at all times reasonably and in good faith;
(g) you will fully co-operate with us in all matters relating to the services, including any investigations we may carry out relating to any complaint received about you; and
(h) you will provide all documents, information, items and materials reasonably required by us as it relates to our provision of our website and the services.
(i) you will not advertise another third party property on our site, through logos or names on photos, within the text of the advert, or within a review. Without our express written permission.
You agree to indemnify us for any loss or damage we suffer or incur as a result of any action brought against us relating to: (a) your listing on the Website; (b) any Content you supply to us during the course of the services; (c) a compliant made by a user or other third party; (d) any breach by you of our Agreement; and (e) your Property.
GiteWorld will provide notice to you of any such claims.
We do not represent or endorse the creditworthiness or value of any user to the Website who contacts you as a result of your listing on our Website.
If we receive a complaint relating to your use of our website or the services, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate your access to our website and the services, and/or remove your content from our servers.
- Intellectual Property Rights
We own all intellectual property rights in and to our website and services. You acknowledge and agree that you will not:
(a) use the “GiteWorld” trade names, trademarks, service marks, logos or designs, or any other mark used by GiteWorld without our express prior written consent;
(b) copy, transmit, modify, republish, save, pass off or link to any content or material on our Website;
(c) use our website for any marketing or advertising purposes without our consent
Any such use of our website shall, in our discretion, result in us refusing to list any product or advert and/or end your registration with the website and use of the service without any liability to you.
You grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any of your content provided in connection with the services across different media (including to promote the website or the service. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your content that you may have under any applicable law under any legal theory.
Both you and we agree that we shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by this clause 11. Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
This clause shall survive termination of these Advertising Terms, however arising.
- Data Protection
Both you and we shall comply with all our obligations under applicable data protection laws, including the Data Protection Act 2018, General Data Protection Regulation ((EU) 2016/679) (“GDPR”), UK GDPR and Privacy and Electronic Communications Regulations 2003, and any other applicable or equivalent data protection or privacy legislation, regulations or guidance from time to time relating to the processing of personal data. To the extent that either party processes personal data on behalf of the other party, such party warrants that it has obtained all necessary consents and a lawful basis to enable it and the receiving party to process such personal data as necessary to fulfil its obligations under this Agreement, and the recipient party agrees to take all appropriate technical and organisational measures necessary to preserve the security of such personal data.
We will not be in breach of our Agreement, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident (“Force Majeure Event”).
All implied conditions, warranties, representations or other terms that may apply to our website and/or the services are excluded from these Advertising Terms to the fullest extent that they may be excluded as a matter of law.
If we are in breach of any term of our Agreement or otherwise liable to you (including, without limitation, from our negligence), we will only be responsible for any direct damages or losses you incur that result from your use of our Website up to the value of the advertising fees that you have paid to us in that period. We shall not be liable for any indirect losses or damages suffered by you. Our liability to you shall not in any event include business losses (which includes without limitation loss or corruption of data, loss of profits or contracts, loss of revenue, loss of anticipated savings in expenditure, or business interruption) resulting from our breach of contract or negligence or otherwise.
Nothing in this Agreement shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.
- Payment Promise
We want you to get the most out of using our services. We will endeavour to put your advert in a place where it can be viewed by prospective users and work with you by advising you on your advert’s listing features and how to improve its quality score causing it to rise towards the top of a resulting search list.
If your advert is still not viewed by a user, by reference to our logs detailing visits to your listing page, then we will return to you 100% of your listing fees that you have paid to us.
Whether you qualify for recompense shall be determined by us in our absolute sole discretion. You acknowledge and agree that any decision we make shall be final and cannot be challenged.
Without prejudice to any of our rights or remedies, our agreement and your access to our website and the service may be terminated by us with immediate effect (or following such notice period as we see fit), by giving written notice to you if:
(a) the circumstances referred to in clause 9 above apply;
(b) you do not pay the listing fees on the due date for payment and you remain in default not less than 7 days after being notified in writing to make such payment;
(c) you commit a material breach of our Agreement and (if such breach is remediable) you fail to remedy that breach within a period of 7 days after being notified in writing to do so;
(d) you repeatedly breach any term of our agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with it having the intention or ability to give effect to the terms of our agreement;
(e) you are no longer the legal owner (or licensee) of the item or service listed on our website;
(f) you fail to fulfil a transaction (in full or in part ) to a user who has paid for a product or service from you;
(g) you give any false or misleading information, or make any misrepresentation in connection with your product or service listed with us and/or your business and services you provide;
(h) in our reasonable opinion you have become involved in any situation which: (i) is to have a negative effect on our reputation of or any aspect of our business; (ii) would expose us or any aspect of our business to disrepute, scandal, ridicule or contempt, or would tend to shock, insult or offend the public in any territory in which we operate; or (iii) reflects unfavourably on our reputation, our brand or services. Such conduct shall be deemed a material breach in terms of clause 15(c); and
(i) we are prevented for any reason (including the Force Majeure Events listed at clause 13 (Liability)) from providing the website or providing the services for more than either five consecutive business days or 14 business days in the aggregate.
Either you or we may terminate this agreement by giving written notice to the other if the other party (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect or (being a partnership or other unincorporated association) is dissolved or (being a natural person) dies, or if either party becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets or ceases or threatens to cease to carry on business.
You acknowledge and agree that any breach of clause 7 (warranties and indemnity), shall automatically constitute a material breach for the purposes of clause 15(c).
If we become aware that criminal proceedings are being issued against you for any reason by a user then:
(a) your access to our Website and the Services shall immediately be suspended pending the outcome of the case;
(b) you must continue to fulfil any transactions you have to users;
Any provision of these Advertising Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- Consequences of Termination
Upon termination of these terms and conditions for any reason:
(a) your access to our website and the services shall immediately cease;
(b) you shall not hold yourself out as a GiteWorld member nor do anything that may indicate any relationship between you and us;
(c) you must continue to fulfil any transactions you have with users;
(d) you shall return to us all documents, materials and property belonging to us that we have provided to you in connection with the services.
Any provision of these Advertising Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
Termination of these terms and conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.
(a) You may not assign, subcontract or in any way transfer any of your rights or obligations under this agreement without our prior written consent.
(b) We may assign, subcontract or transfer any of its rights or obligations under this agreement without the prior written consent of the advertiser.
(c) Each provision of this agreement is severable and distinct from the others. Invalidity or unenforceability of a specific provision shall not affect the other provisions of this agreement.
(d) Any failure by us to exercise or any delay in exercising a right or remedy provided this Agreement or at law or in equity shall not constitute a waiver of the rights or remedies or a waiver of any other rights or remedies.
(e) Nothing in this agreement shall be construed as establishing or implying any partnership or agency relationship between you or us.
(f) This agreement constitutes the entire agreement and understanding between the parties in respect of the matters dealt with within it and supersedes any previous agreement between the parties relating to such matters.
(g) No person who is not a party to this agreement has any rights under the Contracts (Rights of Third Parties) Act 1999.
(h) Any notice required to be given under this agreement shall be in writing by email and shall be validly served if sent to the other party at the email address provided by that party. For GiteWorld, our email address is firstname.lastname@example.org. For advertisers, this is the email address you provide us when you register for the Services. Or, in each case, the email address otherwise notified in writing to the other party.. Notice sent by email shall be deemed to be delivered at the time of transmission, or, if this time falls outside of business hours in the place of receipt, when business hours resume.
(i) This agreement and any non-contractual obligations shall be governed by English law and the parties agree to submit any dispute to the exclusive jurisdiction of the English Courts.
Website Terms And Conditions
These Website Terms and Conditions were last updated in August 2023. These Website Terms and Conditions (“Terms”) tell you the rules for accessing and using our Website www.giteworld.com (our “Website”).
Who we are and how to contact us
GiteWorld and our website is operated and managed by Buzz-it Ltd. We are a company incorporated in England and Wales (under company number 12574910) (“GiteWorld”, “we”, “us”, “our”). To contact us, please email email@example.com or write to us at Buzz-it Ltd, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.
By using our website you accept these terms
We provide a platform through which visitors and users of our Website (“users”) can access information about listings advertised by advertisers on our website (“Advertiser”). Please read these terms carefully before using our website. For users, we particularly draw your attention to the following paragraphs in these Terms:
- Do Not Rely on Information on Our Website
- Bookings and Transactions
- Our Responsibility for Loss or Damage Suffered by you
By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our website. If you do not fully agree to these Terms, you are not authorised to access or otherwise use the website. We recommend that you print a copy of these Terms for future reference.
There are other terms that may apply to you
These Terms refer to the following additional terms, which also apply to your use of our Website and services:
- Our Advertising Terms and Conditions, which apply to Advertisers only
We may make changes to these terms
We may need to amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time. These Terms were last updated on the date stated at the beginning of these Terms.
We may make changes to our website
We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.
We may suspend or withdraw our website
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under these Terms.
How you may use material on our website
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on our website
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Website, associated social media channels or any linked website, is accurate, complete, error free or up to date. Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, advice or other materials posted, submitted, communicated, shared, discussed or otherwise generated through our Website, associated social media channels or linked websites, nor do we guarantee the truthfulness, accuracy, completeness or non-infringement of the same. Any actions you take or do not take based on or related to property listings or content on our Website, associated social media channels or linked websites, are solely at your own risk.
We are not responsible for websites we link to
Where our Website contains links to other sites and resources provided by third parties, including Advertisers listed on our Website, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or any information, products or services you may obtain from them. We have no control over the content of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you use any third-party links, you do so at your own risk.
Bookings and Transactions
All bookings and transactions are to be made directly between the user and the advertiser, inside via the messaging service or outside of our Website. Product or services may be subject to additional terms and conditions imposed by the Advertiser. It is the users responsibility to ensure that they have read and accepted the Advertiser’s terms and conditions before making a booking, negotiation or transaction. For the avoidance of doubt, GiteWorld shall not be added as a party to any booking contract or transaction between user and advertiser. As between GiteWorld and users, GiteWorld does not act as principal in relation to any booking, transaction or service available on or through our Website.
We do not own, nor have we inspected, nor do we have any control whatsoever over any item or service listed on our Website and we make no representations or warranties regarding any of the advertised products or services. While we require Advertisers to advertise products or services truthfully, fairly and accurately, and we take reasonable steps to remove advertisements from our Website following any complaint from a users or another Advertiser, we have no control over the accuracy of any advertisement and service or the capacity of any Advertiser to make a booking or transaction with a user. We make no claims, therefore, as to the quality, safety or legality of any of the products or services advertised. It is the sole responsibility of the Advertiser to be eligible to offer the product or service advertised and the sole responsibility of the user to pay for the product or service. As such, we disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by you or another party arising from any related matters whatsoever.
Our responsibility for loss or damage suffered by you
Whether you are a user or advertiser:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation,
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Advertising Terms and Conditions.
If you are a user – (non-paying):
Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are an Advertiser – (paying):
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Website; or (ii) use of or reliance on any content displayed on our Website. In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Whilst GiteWorld does not have any involvement in transactions between user and advertiser we strongly advise any payments made to advertisers be done via PayPal or Credit Card where you have more protection.
How we may use your personal information
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
You may use our Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
If you consider any content or images or any other material posted on our Website to be offensive, discriminatory, defamatory or libellous or otherwise inappropriate, please notify us of this by sending us details of the content you consider to be inappropriate and the reason why you consider such content to be inappropriate. Upon receipt of notification that any content is considered to be inappropriate, we will review such content and shall decide, in our sole discretion, whether to remove such content from our Website.
Our Website is a place where users can view listings of, and obtain information about, products and services offered by Advertisers. Our Website acts only as a limited venue for users to interact with each other. GiteWorld is not, and does not become, a party to any contractual relationship between the user and the Advertiser, and does not mediate between the user and the Advertiser in the event of any dispute arising between them. You agree that any issues or disputes that may arise in relation to a booking or transaction, will be brought directly against the Advertiser or user (as applicable) and not GiteWorld. Nothing in these Terms shall limit our right, in our sole option, to take action against a user or Advertiser for breach of these Terms or otherwise comply with governmental or regulatory bodies’ investigations, litigation or administrative proceedings.
Which country’s laws apply to any disputes?