Terms and Conditions ("Terms")
Last updated: July 17, 2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://yclas.com website (the "Service") operated by OpenClassifieds LTD ("us", "we", or "our"), a limited company registered in England and Wales under company number: 08334459 with registered VAT GB 203420763, having our registered office at 145-157 St John Street, London, EC1V 4PW, England. Director José María Garrido Díaz.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- We are OpenClassifieds LTD from UK, we basically develop awesome classifieds websites for living.
- We are available to answer your questions in the following hours: Monday - Friday: 9:00 - 14.00 CET except Spanish bank holidays. (although many times we answer outside this time frame )
- We do not store credit card details, payments are processed via Paypal or Stripe.
- You can cancel the subscription of your site anytime you want from your panel->sites->details->cancel subscription, your site will expire and you will lose all your data.
- YES you can have a FREE classifieds site with us.
- YES you can get a FREE trial (if available) for our products
- We will try to offer 99% of up time, but this is not really up to us, but our hosting provider (we use few different ones). We will do our best for your and our interest, trust me! ;)
- We do DB backups, but if you mess up your site can take few hours until we restore the DB. Hope doesn't happen!
- We offer professional support from your panel if you have a paid plan. If not we are more than happy to help you in the public forum.
- We LOVE our work and we will try our best ALWAYS!
Maybe not that cool, but you need to know
- We will trye to renew your domain 7 days and 1 day in case failure before expiring using your same pay method and using the current amount of the product you bought without any discounts.
- We will remove all your data after 30 days if you do not renew, we will notify you by email 4 times, before we delete it.
- We may change prices of your plan but we will notify you before, so you can cancel if you are not interested.
- We reserve any right to cancel your site if the content is inappropriate. We will contact you before!
- If your FREE site is inactive we may cancel it to free resources for other customers. If you have a paid plan don't worry about this.
- We are not responsible of any possible data loss from hardware failure or natural catastrophe.
- We do not offer refunds. You can try first before buying, for free! read more below
- After your trial expires you will get charged using same pay method and using the current amount of the product you bought without any discounts.
Support obviously does not include
- Sign up or support for third party services.
- Customization of software or themes.
- Love counseling (a pity since we are awesome at it.)
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that OpenClassifieds LTD is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that OpenClassifieds LTD cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of OpenClassifieds LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OpenClassifieds LTD.
When you upload content, you give to OpenClassifieds LTD a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and OpenClassifieds LTD business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by OpenClassifieds LTD.
OpenClassifieds LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OpenClassifieds LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless OpenClassifieds LTD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall OpenClassifieds LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
OpenClassifieds LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will OpenClassifieds LTD ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by OpenClassifieds LTD or any person for whom OpenClassifieds LTD is responsible, and even if OpenClassifieds LTD has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Returns and Refunds Policy for Digital products
We do not issue refunds for digital products once the order is confirmed and the product is sent. Please test the product well before purchase and be sure it is what you want.
We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
We can change the product you bought to any of less value (we do not refund the difference) or one more expensive by paying the difference only in the first 24h after purchase.
If you have any questions about these Terms, please contact us.