Terms of Use

Terms & Conditions

This agreement applies as between you, the User of this Website and Klikafrik Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

This Website, tabalamarket.com, is [owned and] operated by Klikafrik Ltd [, a limited company registered in England and Wales under 09287017, whose registered address is 23 Cambrian Grove, Marshfield, Cardiff, CF3 2US, South Wales, UK.

[Our VAT number is <<insert VAT number>>.]

[We are regulated by <<insert name(s) of regulator(s)>>.]

[We are a member of <<insert name(s) of association(s) etc.>>.]

[<<insert further information as required>>.]

 

 

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

 

“Account”

Means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create Ads;

“Ad”

Means an advertisement posted on the Website by an Advertiser which shall provide details of the item or service offered by the Advertiser;

“Advertiser”

Means a User that wishes to or has placed an Ad on the Website;

Content

Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Klikafrik Ltd

Means Klikafrik Ltd 23 Cambrian Grove, Marshfield, Cardiff, CF3 2US, South Wales, UK;

Service

means collectively any online facilities, tools, services or information that Klikafrik Ltd makes available through the Website; tabalamarket.com either now or in the future;

System

Means any online communications infrastructure that Klikafrik Ltd makes available through the Website; tabalamarket.com either now or in the future. This includes, but is not limited to, Ads, email addresses and online forms;

“User” / “Users”

Means any third party that accesses the Website and is not employed by Klikafrik Ltd and acting in the course of their employment; and or individually.

“Website”

Means the website that you are currently using (tabalamarket.com) and any sub-domains of this site (e.g. subdomain.klikafrik.co.uk) unless expressly excluded by their own terms and conditions.

 

  1. Intellectual Property
    • Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Ads, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Klikafrik Ltd, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
    • You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Klikafrik Ltd. Specifically you agree that:
      • You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Klikafrik Ltd;
  1. Third Party Intellectual Property
    • The Intellectual Property Rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads unless it is expressly stated otherwise.
    • Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
    • The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
  2. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of Klikafrik Ltd or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site tabalamarket.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Klikafrik Ltd. To find out more please contact us by email at info@tabalamarket.co or imaginationrepublik@live.co.uk.

  1. Advertising on the Website
    • When submitting an Ad to the Website you should do so in accordance with the following rules:
      • You must not use obscene or vulgar language;
      • Your Ad may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      • Your Ad may not contain Content that is intended to promote or incite violence;
      • Your Ad should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other Advertisers;
      • Ads must be made using the English language(s). Content in any other language may be removed at our sole discretion;
      • Your Ad may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
      • [items or services of the following types may not be advertised:
        • <<insert ad type>>
        • <<insert ad type>>…]
      • you must not post links to other Websites containing any of the above types of Content;
      • the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      • your Ad must be placed into the appropriate category;
      • you must not impersonate other people or businesses;
      • you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
      • you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
    • [You acknowledge that Klikafrik Ltd shall screen, approve (or reject), edit and/or remove any Ad submitted to the Website, tabalamarket.com.]

      OR

      [
      Klikafrik Ltd does not screen or pre-approve any Ad submitted to the website; tabalamarket.com, however on notification from Users we may examine Ads and such Ads may be edited and/or removed from the Website.]
    • Klikafrik Ltd may edit your Ad to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Ad may be removed and your Account may be suspended or terminated. You will [not] be informed in writing of the reasons for any such alterations or removals.
    • In order to post an Ad, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
      • any information you submit is accurate and truthful; and
      • you will keep this information accurate and up-to-date.
    • By posting an Ad you warrant and represent that you are the author of that Ad or that you have acquired all of the appropriate rights and / or permissions to submit it. Klikafrik Ltd accepts no responsibility or liability for any infringement of third party rights by such Ads or Content. [Further, you waive all moral rights in the Ad to be named as its author and grant Klikafrik Ltd a perpetual licence to modify the Content as necessary for its inclusion on the Website.]
    • [Klikafrik Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Ads, nor for any errors or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.]
    • Nothing in these Terms and Conditions shall grant Klikafrik Ltd any rights in or to any trademarks or any other intellectual property rights contained within your Ad or any part of it save for the right to display the same on the Website as part of your Ad until you or Klikafrik Ltd choose to remove that Ad.
    • You acknowledge that Klikafrik Ltd may retain copies of any and all communications, information, Content and Ads sent to us or submitted to the Website.
  2. Termination and/or Suspension

In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Klikafrik Ltd reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

  1. Privacy
    • Use of the Website is also governed by our <<Privacy Policy [add html code to make this into a link]>> which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
    • [The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our <<Privacy Policy [add html code to make this into a link]>>. [By accepting these terms and conditions, you are giving consent to <<insert business name>> to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.]

Name of Cookie

Name of Provider

1st / 3rd Party

Purpose

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

<<File name>>

<<insert business name>>

<<1st OR 3rd>>

<<Insert purpose>>

]

  • [If you wish to opt-out of our placing cookies onto your computer or device, please <<insert description of opt-out methods e.g. "check the alternative acceptance box for these terms and conditions", "adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu" etc.>>. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.]
  1. Legal Rights and Disclaimers
    • Klikafrik Ltd makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
    • Save for the screening and approval of Ads, Klikafrik Ltd has neither control over, nor involvement in, any items or services advertised on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Advertisers.
    • Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Klikafrik Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
    • No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    • Klikafrik Ltd makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
    • Whilst Klikafrik Ltd exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
    • If, as a result of Klikafrik Ltd’s failure to exercise reasonable care and skill, any digital content from the Website damages the User’s device or other digital content belonging to the User, if the User is a consumer, they may be entitled to certain legal remedies. For more details concerning consumer rights and remedies, Users are advised to contact their local Citizens Advice Bureau or Trading Standards Office.
  2. Availability of the Website and Modifications
    • Klikafrik Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    • Klikafrik Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  3. Limitation of Liability
    • To the fullest extent permissible by law, Klikafrik Ltd accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
    • To the fullest extent permissible by law, Klikafrik Ltd excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
    • [The Website is not designed with commercial purposes in mind.] If the User is a commercial user, Klikafrik Ltd accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • Klikafrik Ltd exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 10.7, Klikafrik Ltd accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
    • Klikafrik Ltd neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms and Conditions excludes or restricts Klikafrik Ltd’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
    • In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  4. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Klikafrik Ltd.

  1. Communications
    • All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Klikafrik Ltd. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    • Klikafrik Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please <<insert description, e.g. "click on the 'Unsubscribe' link in any email which you receive from us.">>.
  2. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between the User and Klikafrik Ltd (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and Klikafrik Ltd, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the User’s residency.
    • If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Klikafrik Ltd, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.