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CQout Website Use Agreement
Last Revised 1st December 2008

 T&C for CQout Affiliate and Referral Programmes
 
1. The Use Agreement

1.1 These terms and conditions (ďthe Use AgreementĒ) govern any personís (the ďUserĒ) browsing or use of the website at www.CQout.com or those powered by CQout (ďthe FacilityĒ). The Use Agreement applies between the User (whether an individual or legal person) and CQout Ltd a company registered in England No. 3848004 (ďCQoutĒ).

1.2 User agrees to be bound by the Use Agreement current at the time User commences each instance of access or use. The Use Agreement may be updated or amended at any stage by CQout. Users will be notified of any amendment of the Use Agreement via the Websites.

1.3 Use of the Facility must be strictly in accordance with the procedures set out on the Websites including but not limited to rules relating to the completion of deals conducted via the Facility and user conduct. Failure to abide by any of the procedures laid down shall constitute breach of the Use Agreement.

1.4 Website rules are generally displayed at the point of use and summary can be found on the help pages [ Site Rules ] .

1.5 User agrees to defend, indemnify and hold harmless, CQout and/or itís associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees resulting from any breach by User of the Use Agreement.

1.6 If CQout determines that a User has breached the Use Agreement CQout reserves the right at its absolute discretion to investigate such breaches and issue an email notification to the User for each breach. CQout may charge the User, either directly or through the User's account an administrative fee of up to £35.00 in respect of each such email notification reflecting time spent in investigating and notifying the User of each breach. Whether such fee is charged or not CQout also reserves the right to suspend or permanently deny access to the Facility of any User or such Userís business.

 

2. Browsing or Use

2.1 Users may browse the Facility without registering. A User wishing to use the Facility must register beforehand by following the procedures set out on the Websites

 

3. CQoutís Fees

3.1 A registration fee is payable as shown on the Website.

3.2 CQout charges commission to the seller each time a deal is agreed using the Facility. This is calculated as a proportion of the sale price in accordance with the commission structure set out on the Website. Sellers may also select a range of optional features and services in accordance with the fee structure published on the Website [ View Fee Details ]

3.3 User hereby gives to CQout a continuing authority to take payment of any fees, commission, listing fees, charges or costs payable from the credit or debit card or other payment method provided by the User to CQout upon registration unless a different acceptable payment method is provided by User or Userís registration is terminated..

4. Listings

4.1 Users must have all necessary permissions and be in a position to make the submission of listings material to the Facility before doing so. All material information concerning each listing must be disclosed (including but not limited to comprehensive details of any encumbrances to ownership or possession of all goods advertised). Users warrant that that all information supplied in the listing shall be true and accurate to the best of Userís knowledge and belief and not be misleading in any manner. CQout at its absolute discretion may require Users to supply additional information concerning the listings submitted

4.2 Listings shall be made in accordance with the procedures found on the Websites. Guidance on unacceptable usage, listings and conduct is provided on-line at [Listing Policies] but is not limited to the specific instances highlighted. CQout reserves the right to remove any listing from the Facility without notice to Users and without giving reasons and in particular may close down or delete listings that in its sole opinion have been submitted in violation of the Use Agreement.

4.3 It is Userís responsibility to ensure that any listings are not

4.3.1 - defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individualís right to privacy or Human Rights, or

4.3.2 - infringing the intellectual property rights of others, or

4.3.3 - inclusive or comprised of prohibited items including those indicated in the relevant policies on the Websites, or

4.3.4 - products the advertisement or sale of which would be illegal in the relevant sales territory.

4.4 CQout reserves the right to delete any such material that in its reasonable view is potentially actionable in any jurisdiction and without giving rise to any claim by User against CQout for so doing.

4.5 CQout shall have the final choice of the manner in which any listings will be searched, displayed, accessed, downloaded, copied, and otherwise used in the Facility and CQout may modify listings for this reason.

 

5. Registration

5.1 Registration is personal to the individual registering and may not be transferred whether temporarily or permanently to another User. An individual User registering on behalf of a business must be authorised by that business to do so. The User is responsible for the actions of any person using the Facility under their login credentials.

5.2 Only Users over the age of 18 may register or use the Facility provided that User or the Userís business has not been temporarily or permanently suspended from the Websites. CQout accepts no liability for use of the Facility by persons under the age of 18 in violation of the Use Agreement.

5.3 Should a potential user's details not pass verification or the application to register is refused for any other reason at CQout's reasonable discretion, the fees used for processing the application are not refundable. Where the supply of the Facility is governed by the Consumer Protection (Distance Selling) Regulations 2000 (SI No 2334) the User has a right to cancel their application for registration within 7 days with a refund unless the User has commenced any use of the Facility from which time no refund of the fee will be possible.

5.4 A User may terminate their registration at any time either on-line or in writing to CQout using the contact details shown on the Websites. Any registration or annual fee paid prior to the date and time of notification of termination of registration will be forfeit. CQout may terminate or suspend the registration or access to the Websites of any User who breaches the Use Agreement and/or on expiry or failure of the Userís payment method notified to CQout upon registration

                  

6. User Conduct

6.1 A User must not:

6.1.1 - interfere with the access or use of any other User or the proper functioning of the Websites whether by electronic or other means;

6.1.2 - distribute, download, reproduce, modify, enhance, deep link or use sell or distribute for commercial gain or otherwise use any material contained on the Websites except as permitted with the proper functioning of the Facility;

6.1.3 - interfere with the intellectual property rights or confidential information of CQout in the Websites and/or its contents. Access or use of the Websites does not confer any license or right to use any logos, brands, trade marks or other intellectual property rights of CQout in any form or manner.

6.2 Any violations of the system or of the network security may result in civil or criminal liability. CQout reserves the right to report to law enforcement authorities any information or actions that CQout may, at its sole discretion, consider illegal.

 

7. Liability

7.1 Users shall indemnify and hold harmless CQout and its management in respect of any loss or damage to persons or property incurred through their accessing the Websites to the extent permitted by law.

7.2 CQout disclaims all liability whether arising in contract, tort (including negligence) or otherwise for any business loss resulting such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by CQout arising out of Userís use of the Facility. In the event a competent authority concludes that this exclusion of all liability is unreasonable then CQout limits its liability under this provision to: a) the commission payable by the User or b) £100 whichever is the smaller.

7.3 It is solely Userís responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided by other Users through the Websites. CQout accepts no responsibility for checking or verifying the accuracy of material submitted to the Websites and User accepts that CQout has no liability for the accuracy or otherwise of information provided by other Users. CQout gives no warranty that the Facility or goods or services obtained through it will meet Userís requirements

 

8. Disclaimers

8.1 CQout takes all reasonable efforts for data backup and business resumption procedures however User i) is solely responsible for retaining back-up copies of all information submitted to the Websites and ii) acknowledges that Websites powered by CQout.com may be subject to reasonable downtime for necessary or routine maintenance.

8.2 CQout makes no representations whatsoever about the content or functioning of any other Websites linked to the Websites and whilst User may use links on the Websites to access other third-party sites the use of such links is entirely at Userís own risk.

8.3 CQout disclaims all liability for the acts or omissions of persons unlawfully accessing or using the Websites or misusing the personal information of Users obtained through the Websites whether such acts or omissions occur during use of the Facility or otherwise.

 

9. Data Protection

9.1 Userís personal data supplied during the registration process is held and managed by CQout in accordance with its data protection policy available at Privacy Policy Statement


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