Terms & Conditions
The website – refers to www.fairsale.com.mt
The company – refers to Fairsale Limited
The seller – refers to any person or persons who lists an item for sale or trade on the website.
The buyer – refers to any person who seeks to purchase an item on the website.
The user – refers to both sellers and buyers collectively
Contents:
- Acceptance of Terms
- Privacy and Protecting Standards of Use
- Content Standards
- Forbidden Content
- User Restrictions and Access
- Suspension or Termination of Accounts
- Control of Information and Services
- Control and Regulation of Transactions
- Communication and Interaction with Other Users
- Communication with the Company
- Links to Third Party Sites
- Update of terms and conditions
- Rights and authorisations granted to the company
1. Acceptance of terms:
By choosing to use this website, you are showing your acceptance and understanding of the terms and conditions stated herein. If any seller or buyer does not agree to the terms and conditions, then he or she should refrain from using the website.
By listing an item or service, a seller also declares that he is the owner or has the legal authorisation of every part-owner to carry out the sale or service declared on the behalf of all parties.
By using the services hosted by the website, users agree to comply with all terms and guidelines relating to it and automatically indicate an understanding that, while no significant changes are expected, the terms and conditions may be altered on occasion in response to the legal requirements of the business. Any such user who disagrees with the guidelines should stop using the website with immediate effect and avoid using it in the future.
2. Privacy and Protecting Standards of Use
The company is dedicated to providing a safe, secure and trusted environment, which sellers and buyers can use to buy, sell and trade goods and services. We ask our users to work closely with us to ensure that the standards described in these terms and conditions are maintained. You can report any violations, suspicious activity or dubious content to the company, and necessary action will be taken to ensure that the website, services and tools are protected and continue to work effectively.
Your privacy is important to us and we will not knowingly pass on your details to any third party, other than information you agree to provide to other users while using the website. Please see our Privacy Policy for further information.
3. Content Standards
The website is an online platform, which allows users to advertise, sell, trade or buy services and items. The content uploaded to the website and any messages exchanged using the website’s services are the responsibility of the user who created the content. The following provisions govern all content uploaded to the website and any other interactions associated with it:
- A seller confirms that he or she is the owner and rights holder of any content uploaded and the services or items related to it.
- The seller confirms that he or she holds the necessary qualifications, permits, licenses and/or consents to sell or trade the services offered if applicable.
- Both buyers and sellers understand that any content uploaded or shared by the interactive services on the website is the sole responsibility of the person from which the content originated. The company is not responsible for any errors, omissions or inaccuracies and cannot guarantee the authenticity of any data or information transferred; or the identity of any given user.
- Any content published on the website is expected to be factually accurate, fair, subject to the consent of all interested or invested parties and legally applicable to Malta.
- Sellers are required to include an accurate description of a product that does not mislead. They must also include a price with any listing and ensure that a listing is removed and/or withdrawn once sold or no longer available.
- Sellers should only include one item in an individual listing. This will ensure that the item is properly listing in the search facilities of the website.
4. Forbidden Content
Users are not permitted to upload or publish any content that can be considered illegal, immoral or deceitful to the website. Although the company does not pre-screen or approve all content before it is published, and is not responsible for the content of any adverts, messages, or business listings, it does reserve the right, in its sole and absolute discretion, to delete, amend or remove any information supplied whether partially or totally, or refuse such content in case of violation of the terms and conditions of the company, even without prior notice.
The company will evaluate and judge the suitability or otherwise of any dubious content. It is not obliged to specify reasons for the removal or amendment of any given content and the company’s decision in such matters is final. Users should take note of the following rules relating to content that is not permitted on the website:
- Any content published on the website or shared by the website’s messaging service should not be dishonest, lacking in integrity, discriminate, defame, breach privacy, violate ownership or break any laws applicable to Malta.
- Users are forbidden from uploading content to the website that misleads or relates to a product or service that does not exist in the manner it is described. Users should not post content that constitutes or contributes to spam, chain letters, pyramid schemes, unsolicited commercial advertising or junk mail to the website.
- Users cannot post material containing software viruses, programs, codes, or files intended to destroy, malfunction, interrupt, slow down, or limit the functionality of any computer hardware or software, including unwanted adverts or articles or disruption of dialogue.
- No pornographic or obscene material, libellous or defamatory material, abusive, unlawful, harassing, degrading or intimidating, harmful or threatening material may be displayed on the Web site. No material inciting crime or discrimination of any nature [whether based on sex, sexual orientation, gender, race, national origin, colour, handicap or disability, age, religion, familial status] can be posted on the website. Likewise, no material violating contractual or fiduciary relationships can be posted on the web site.
- The company does not permit copyright infringements or the violation of intellectual property rights on the website. Users agree not to post, email, link, or in any form or manner provide content that violates the law, is subject to third party proprietary rights, or is copyrighted, patented, protected by trade secret or trademark - unless the user is the owner of such rights or is duly authorised by the rightful owner. No adverts can be placed on the website for the sale of items the sale of which is prohibited by law. The company cannot be held responsible for any infringements of this nature and such offences are the sole responsibility of the user.
- The company does not endorse any such content, opinion, advert, recommendation or advice expressed therein and disclaims all liability in connection with user content. The company is not directly involved in such transactions, and has no responsibility to any party regarding transactions of this nature. The company further disclaims any form of responsibility, liability and/or accountability in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon any material of this nature posted on this site.
- Fairsale Limited does not approve the following categories or subcategories.Dating, Escorts, Massage, Guns or Weapons, Pornography, Drugs or Medicines.
5. User Restrictions and Access
The use of the website by any person under the age of 16 is subject to the express permission of the parent or guardian of the said person. The said parent or guardian is responsible for both the content that the minor publishes on the site and their behaviour during interactions with other users and any transactions he or she makes while using the website.
It is the responsibility of the user who created an account to ensure that the only people who use their internet connection and/or registered account to access the website are authorised to do so, including minors. The company is not responsible for any information posted by an individual who has gained access to a user’s account.
All accounts are password protected, and any given user must make every effort to create a password that is secure and difficult to guess. You must make every effort to ensure that your password is not known by unauthorised third parties. A registered user is responsible for all activity that occurs on his or her account regardless of third party interference.
Should you need to change your password, you can do so via your account screen.
The company is not liable for any losses you occur as a result of another party using your user account.
You are not permitted to create automated or multiple user accounts or create an account that is fraudulent or using somebody else’s identity.
You are not permitted to use your account for the purpose of scraping data or attempting to modify the website in anyway.
6. Suspension or Termination of Accounts
By using the website, you accept that the company has the right to terminate or suspend your account and deny you access to the website should they deem it appropriate or necessary. Significant breaches of terms and conditions including the failure to comply with the content standards outlined in sections 3 and 4 or a violation of the restrictions described in section 5 could result in the immediate closure of your account.
The company reserves the right to act on its own discretion when making a judgement regarding the suitability of any given user to publish content, trade services or interact and transact with any other user of the site. Such judgements include decisions that could lead to the suspension closure of a user account relating to the website and are final.
7. Control of Information and Services
The company does not control information on the website, does not pre-screen or approve content, and is not responsible for the accuracy and/or integrity of any adverts, messages, or business listings.
The company does not assert that information shared on an individual listing is current nor necessarily comprehensive.
The content hosted on the website does not generate any contractual relationship between the company and the user. Both buyers and sellers are responsible for evaluating the quality and integrity of other users and the content shared by those users.
The company is in no way responsible for any losses or damage incurred as a result of a transaction, meeting or interaction relating to the website and the services it provides.
The company reserves the right to delete, amend or move any information supplied whether partially or totally or refuse such content in case of violation of the terms and conditions of the website. The decision of the company is final in such cases and there is no obligation to specify a reason for removal or control of information. The company is not required to refund any fees or financial losses incurred as a result of this action.
By using the website, users accept that they may be exposed to content that is inappropriate, inaccurate or offensive. The company takes necessary action to prevent such events but is not held responsible for content of this nature.
All users are required to adhere to all laws and regulations relating the content uploaded and the information shared when using the website.
8. Control and Regulation of Transactions
The company is not directly involved in any individual transaction, and has no liability to any party regarding the same.
The company does not provide any express warranty regarding any sale of goods, items or services. Nor does it accept any responsibility in relation to the precision, suitability, or comprehensiveness of material stated on the website. All information and material contained on the website is intended solely and exclusively to provide information and should not be construed as legal and/or other professional advice.
Users are within their rights to obtain advice – legal or otherwise - before concluding a deal and can do so at their own discretion.
The company has no control over or responsibility for transactions entered into as a result of information found on the website. Any decisions made by users of the site with regard to the content of the website and any transactions that are made as a result of it, are the sole responsibility of the users involved in the said transaction.
Without prejudice to any information contained in this site, the company disclaims any form of responsibility, liability and/or accountability in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon any or all of the information contained on the website.
The company further disclaims any and all responsibility, liability and/or accountability for any direct, indirect or consequential loss or damage suffered by any person as a result of all or any part of the information and/or material contained in this Web site.
9. Communication and Interaction with Other Users
All users should avoid using the website to send any communication that can be considered offensive, intimidating or threatening in nature.
The company takes measures to control and assess the suitability of all users but is not responsible for verifying the identity of any person who uses the site. By using the site, you accept that you may be exposed to people with differing opinions and personalities and this could lead to interactions you consider offensive or immoral.
All interactions between two users using the website or any means of communication published by a user are the responsibility of the users in question. The company reserves the right to intervene in any disputes between two users but is under no obligation to do so.
The website provides an internet service allowing users to buy, sell and trade services. You should always apply an appropriate level of caution when interacting or dealing with other users. All users are responsible for their own judgement.
All persons using the website should respect the privacy of other users. The nature of the transactions made using the company’s service means that some level of personal data may be shared between users, including names, addresses, contact details and financial information. It is the duty of all users to respect this information according to relevant data protection rules. All users should be aware of the possibility that other users may not respect the privacy or security of the information shared during the course of a communication and/or transaction.
Where possible, the company recommends that users deal in cash and refrain from sharing any financial or banking details with other users. If you do share such information, you do so at your own risk. The company is not responsible for any losses incurred as a result of such action.
10. Communication with the Company
The company reserves the right to request any information from a user that relates to a) content uploaded to or b) transactions established via using the website. Users are required to comply with such requests.
All emails (and attachments) sent to the company must state the whole truth about the object or service mentioned.
Any email or written communication sent by the company (or any person employed or contracted with the company) to a user contains legally privileged information intended for the sole use of the user.
Although the company takes reasonable precautions to ensure that no viruses are present in its emails, the company cannot accept any liability whatsoever for any loss or damage arising consequent to the use of its email /emails or for the consequences of any actions taken on the basis of information provided in its email / emails
11. Links to Third Party Sites
Users are obliged to observe the terms and conditions imposed by any third party sites used for links to content. Moreover, the company does in no way guarantee the veracity of the contents in such website, and all decisions taken by the user shall be at the user’s own risk.
12. Update of terms and conditions
The company reserves the right to update these terms and conditions as necessary. Updates are made at the sole discretion of the company and are not subject to a period of prior notice. All users are encouraged to review the terms and conditions periodically to ensure awareness of any modifications therein.
13. Rights and authorisations granted to the company
All rights and authorisations granted to the company are deemed granted to its successors in title. Service is provided according to the laws of Malta and under the jurisdiction of such laws.
14. Refund policy
All refunds will be processed in Fairsale vouchers your cancellation of any amount spent on ads. If you wish for a cash refund, do write to us promptly within 24 hours from placing the ad(s) to our email address: [email protected] . You are hereby informed that the terms and conditions will apply for cash refund including a processing fee of 5% and the refund process will take 7 working days (this may be subject to your bank internal process) for the refund amount to be processed. We will only refund funds to the same card details used at the point of purchase.