This Site is made available by Fromtu A/S (“Fromtu”). This site, application and services (“Site”) comprise an online platform, solely for B2B purposes, through which Buyers and Sellers of goods can connect with each other as well as with independent providers of services incidental to such sale and purchase of goods (“Providers”).
You acknowledge and agree that, by accessing or using the Site or by downloading or posting any content from or on the Site you are indicating that you have read, and that you understand and agree to be bound by these terms. If you do not agree to these terms, then you have no right to access or use the Site.
B2B platform – not for consumers
By using the Site you confirm and agree that you are not a “consumer” as that may be defined in any applicable laws and regulations.
If you choose to use the Site, you understand and agree that your relationship with Fromtu is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Fromtu for any reason, and you act exclusively on your own behalf and for your own benefit in your capacity as a commercial undertaking and not as a consumer.
Fromtu solely provides platform for members to enter into agreements
Fromtu does not control your listing on the Site, your offline activities associated with your listing, or any other matters related to any listing, that you provide, including the suitability and condition and legality of any goods or services. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with or acting on behalf of or for the benefit of Fromtu, including by inappropriately using any Fromtu intellectual property.
You understand and agree that Fromtu is not a party to any agreements entered into between Buyers and Sellers, nor is Fromtu a broker, agent or insurer.
Fromtu has no control over the conduct of Buyers, Sellers and Providers or other users of the Site or any transactions entered into between any of them, and disclaims all liability in this regard to the maximum extent permitted by law.
Please note that, as stated above, the Site is intended to be used to connect Buyers and Sellers of goods and – as applicable – Providers directly with each other. Fromtu is not responsible for and disclaims any and all liability related to any and all listings and transactions entered into and accordingly, any such will be made or accepted at the Member’s own risk.
Security and content
You acknowledge that Fromtu has no obligation to monitor your access to or use of the Site or collective content or to review, remove, disable access to or edit any Member content, but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these terms.Fromtu reserves the right, at any time and without prior notice, to remove or disable access to any collective content that Fromtu, at its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the site, application or services.
Fromtu further has the right to investigate and prosecute violations of any of these terms to the fullest extent of the law.
Termination and suspension
Fromtu may immediately, without notice terminate these terms if (i) you have materially breached these terms or our policies, including but not limited to any breach of your warranties outlined in these terms or breach of the “user conduct” provisions in these terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Fromtu account registration, or listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Fromtu believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Fromtu or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Fromtu may deactivate, revoke or delay listings, reviews or other Member content, limit your use of or access to Site, temporarily or permanently, with or without notice to you if (i) you have breached these terms or our policies, including material and non-material breaches and receiving poor ratings from other users, or (ii) Fromtu believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Fromtu or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Fromtu and an opportunity to resolve the issue to Fromtu’s reasonable satisfaction.
Communication and interactions between users of the Fromtu Platform
You are solely responsible for all of your communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site.You understand that Fromtu does not make any attempt to verify the statements of users of the Site. Fromtu makes no representations or warranties as to the conduct of users of the Site.
You agree to take reasonable precautions in all communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site.
You confirm and agree not to:
- violate and applicable laws and regulations or any of the terms herein,
- violate or infringe any third parties’ (including Fromtu’s) intellectual property rights,
- distribute or include any spam or chain mails or any pyramide games or alike,
- distribute or include any virus or other technology that may harm the Site or its users,
- copy, change or distribute other user’s content,
- use any forms of robots, search robots, scrapers or automatic technologies to access, collect content on the Site for any purpose without Fromtu’s express written consent, or
- copy, change, reverse engineer or in any other way interfere with the Site or its content.
Intellectual Property Rights
Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, branding appearing on the Site vests in Fromtu or its licensors.
You shall procure the waiver of any moral rights in any information, data or other content or materials posted or uploaded by you to the Site (“User Materials”). You hereby irrevocably authorises Fromtu and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world any such User Materials. You agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
Fromtu does not warrant or represent that your or any other party’s use of the content or the services available via the Site will not infringe rights of third parties.
Fromtu makes no warranty that access to the Site will be uninterrupted, timely or error-free. Access to the Site may be suspended or withdrawn temporarily or permanently at any time and without notice. Fromtu may also impose restrictions on the length and manner of usage of any part of the Site for any reason.
Fromtu does not warrant that the Site will be compatible with all hardware and software which you may use. Fromtu shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Site or you obtaining any material from, or as a result of using, the Site. Fromtu will further not be liable for the actions of third parties.
Fromtu may change or update the Site and anything described in it without notice to you.
Fromtu expressly disclaims any warranties or representations, express or implied, including those of merchantability or fitness for a particular purpose and you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and collective content, your listing or transactions with other users of Fromtu whether in person or online remains with you. Consequently, you will indemnify and hold us (including our officers, directors, employees, agents and, affiliates) harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party due to arising out of your violation of these terms or any laws or regulations or rights of third parties.
Neither Fromtu, including its parent or affiliated companies, nor any other party involved in creating, producing, or delivering the Site will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, from any communications or interactions with other users of the Site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fromtu has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Fromtu’s aggregate liability arising out of or in connection with these terms and your use of the Site or any transaction entered into arising out of or resulting from such use, or from the inability to use the Site exceed one hundred United Stated Dollars (USD 100). This limitation of damages is a fundamental element of the basis of the bargain between Fromtu and you. If certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above shall be limited to the extent permissible by law.
Use of this Site may be subject to certain legal or regulatory requirements in particular jurisdictions. You may only access or use the Site to the extent such access or use is permitted in the jurisdiction in which you accesses or uses the Site.
Choice of law and jurisdiction
These terms (and any other terms or policies available on the Site) and any use of the Site and any dispute or disagreement arising out of or relating thereto shall be governed by the laws and regulations of England and Wales to the exclusion of their conflict of law provisions and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.