1 SCOPE OF AGREEMENT
The usage of Offerlocally is bound by the TOU set by Mingle Media. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required
2 OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
2.1 The Offerlocally website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on Offerlocally, as well as any consequences that arise from doing so.
2.2 Mingle Media is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
3 USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
3.1 The usage of Mingle Media’s services is essentially available for everyone. A user registers on Offerlocally by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform Mingle Media of any changes to their account information.
3.2 The user may resign from this agreement at any time. Sending an email to the Customer Support Team through the contact form should suffice. Mingle Media reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of Mingle Media, as stated in clause 4.3.
3.3 An entry on Offerlocally, referring to a classified ad, can only materialize/be published online via the following methods:
Mingle Media confirms the entry through an email, or
• Mingle Media implements the entry and publishes it online.
3.4 Mingle Media reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Mingle Media is used for unsuitable purposes.
3.5 Mingle Media reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
4 ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
4.1 The user is legally and solely responsible for the content of the advertisement(s) placed on the Offerlocally website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct category within the website. Mingle Media reserves the right to move advertisements to a more appropriate category. The user is obliged to comply with the Offerlocally TOU and is expected to adhere to these terms when interacting with other Offerlocally users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
4.2 The user is not allowed to post content on the Offerlocally website that breaches this agreement, applicable rights and/or third party rights. Prohibitions for the Offerlocally user include:
• Violating the law or going against the Prohibited Policy
• Conducting business in a dishonest and/or deceptive manner
• Violating the rights of the third party
• Spamming and posting chain letters
• Using virus(es) and other technical items that may cause damage to Offerlocally or the interest of the users of Offerlocally
• Causing excessive burden on the Offerlocally infrastructure and the smooth running operations of the offerlocally website
• Copying, duplicating, modifying or distributing the content of other advertisements
• Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
• Bypassing measures that serve to limit and/or prevent access to Offerlocally
• Content that is abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Mingle Media’s reasonable discretion.
4.3 Mingle Media has the right to block, delete or freeze advertisements, accounts or memberships that are deemed to contain prohibited content (refer to 4.2). Mingle Media also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Mingle gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the Prohibited Content Policy is breached.
Offerlocally users are obliged to release Mingle Media from any claims or lawsuits brought forward by other Offerlocally users or third parties who have been in any way affected by an advertisement’s content. Offerlocally users must shoulder any costs/claims arising from lawsuits directed at Mingle Media, including all legal and juridical costs.
6.1 The usage of the Offerlocally website is essentially free of charge. However, Mingle Media reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
6.2 All fees shall be reflected and charged in the respective currency for each country. Mingle Media reserves the right to charge in other currencies for technical reasons.
6.3 Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Mingle Media.
6.4 The user shall be informed about new invoices via an email that provides a link to the user’s “My Offerlocally” account. The invoice(s) can then be downloaded from this page. Mingle Media ensures the protection of the user by sending these emails only to the registered email address on Offerlocally.
6.5 The services are provided exclusively to commercial businesses, declaring their consent to tax liability – limited to the Value Added Tax (VAT/GST/Sales Tax). The recipient must be registered for VAT, GST, Sales Tax. With the conclusion of the contract, the recipient of the services agrees, that the VAT, GST and Sales Tax on a taxable supply is payable by the recipient and not by the supplier. The recipient is responsible for the timely application of the Tax (VAT, GST, Sales Tax).
6.6 In the event of delayed payments for these services, Mingle Media reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
6.7 Mingle Media reserves the right to change/modify the fees for services associated with premium features on the website without prior notice.
7 ADVERTISEMENTS WITH PREMIUM FEATURES
Offerlocally users may purchase premium features for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. Mingle Media does not reimburse the user for any portion of a discounted premium feature/service.
8 PREMIUM ACCOUNTS
In addition to the free Offerlocally account, users have the option to purchase a Premium Account and select from multiple plan durations. Upon the deletion of an account before its selected duration has passed, the remainder of the Premium Account’s duration is forfeited. The price of the already paid Premium Account will not be reimbursed.
If the user opts for the automatic renewal of a Premium Account, the account’s duration will automatically renew according to the originally selected duration of either 3, 6, or 12 months. Promotions, such as free added months to the account’s duration by purchasing within a particular period of time, are not carried over upon automatic renewal.
9 PUBLICATION OF ONLINE ADVERTISEMENT(S) ON RELATED INTERNET PLATFORMS OWNED BY MINGLE MEDIA
Mingle Media reserves the right to republish advertisement(s) on Offerlocally and on other websites owned by Mingle Media.
10 MODIFICATION OF ADVERTISEMENT CONTENT
10.1 The Offerlocally user may at any time modify or delete their advertisement.
10.2 The Offerlocally user has the right to demand the removal or deletion of the user’s own ads from the website. Mingle Media shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
11 LIABILITY LIMITATIONS
11.1 The user agrees not to hold Yalwa responsible for things other users post or do. As most of the content on Offerlocally comes from other users, Mingle Media does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to Mingle Media’s services cannot be guaranted. To the extent legally permitted Mingle Media expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Mingle Media is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the Offerlocally website, even if Mingle Media has been advised or could have reasonably forseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
11.2 Despite the previous paragraph, if Mingle Media is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to Mingle Media in the 12 months prior to the action giving rise to liability, or (b) 100 USD.
12.1 The transfer of rights and obligations of Offerlocally users to third parties requires the approval of Mingle Media.
12.2 The disclosure of login details and passwords to third parties, including Offerlocally users, is prohibited.
12.3 If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in California, United States.
12.4 The legal relationship between Mingle Media and the Offerlocally user is subject to the rights of the Federal Republic of United States to the/with the exclusion of the UN consumer rights (CISG) and conflicts to the provisions of United States rights.
Questions, remarks and complaints may be sent to us through our contact form.