Introduction

Welcome to Establist. By accessing www.establist.co.uk and its related websites, services, applications or tools (Collectively referred to as "Establist") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Establist works for everyone. These Terms of Use constitute a legally binding agreement between you and Establist and are effective as of 1 April 2020 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Register A Listing" button when registering an Establist listing.

 

Using Establist

As a condition of your use of Establist you agree that you will not:

  • violate any laws;

  • violate the Policies;

  • submit any threatening, abusive, defamatory, obscene or indecent material;

  • submit or otherwise communicate any false or misleading material or message of any kind;

  • infringe any third-party right;

  • distribute or encourage spam, chain letters, or promote pyramid schemes;

  • distribute viruses or any other technologies that may harm Establist or the interests or property of Establist users;

  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Establist;

  • copy, modify, or distribute any other person's content without their consent;

  • use any robot spider, scraper or other automated means to access Establist and collect content for any purpose without our express written permission;

  • harvest or otherwise collect information about others, including email addresses, without their consent;

  • copy, modify or distribute rights or content from Establist or Establist's copyrights and trademarks;

  • harvest or otherwise collect information about users, including email addresses, without their consent;

  • bypass measures used to prevent or restrict access to Establist

  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Establist and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Establist either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Establist, we may, at our discretion, inform other Establist users that have been in contact with you and recommend that they exercise caution.

Abusing Establist

Establist and the Establist community work together to keep Establist working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Establist if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Establist employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Establist or not, we do not have any obligation to monitor the information transmitted or stored on Establist and we do not accept any liability for unauthorised or unlawful content on Establist or use of Establist by users.

 

Platforms

Some of Establist's features may display your ad on other sites, services, applications or tools (together a “Platform”) including social media channels. By using Establist, you agree that your listings can be displayed on these other Platforms and media channels. The terms for our other Platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on Establist, or any third party Platform, or if we believe it causes problems or violates any law or policy.

 

Fees and Services

Using Establist we charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you submit your listing. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on Establist. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Establist fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Establist in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such listing, you may be entitled to a refund of such fee. However, we reserve the right not to refund Establist users for any fees paid through use of Establist in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;

  • If your ads went live with exposure on the Establist sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;

  • If your ads are placed into "edit" mode and will go live to site once updated by you;

  • If you have requested to removed your listing

  • If you post duplicate listings as defined in our rules regarding duplicate listings;

  • If we believe that your listings are in a significantly wrong category;

  • Please note that the above list is not exhaustive. On the cases in which you may, or may not, be entitled to a refund of such fees.

Content

Establist is protected by copyright laws and international treaties. Content displayed on or via Establist is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Establist without our express written consent. You may not disassemble or recompile, reverse engineer or otherwise attempt to discover any source code contained in Establist. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Establist (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensee (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the United Kingdom's community, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We  are not involved in the actual transactions between users. As most of the content on Establist comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim 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. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Establist, even if you advise us or we could reasonably foresee 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 you. Despite the previous paragraph, if we are found to be liable, our liability to you 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 you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

 

Release

If you have a dispute with one or more Establist business listings, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

General

These terms and the other policies posted on Establist constitute the entire agreement between Establist and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

We may update this agreement at any time, with updates taking effect 30 days after we post the updated policy on the Establist website. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

TERMS & CONDITIONS

Please read these carefully.