Terms of Use

TERMS & CONDITIONS

1.      Introduction

By using our Services, you are agreeing that there is a contract between you and B4MX (“B4MX” or “we” or “us”) which sets out the terms and conditions on which our business operates (the “Agreement”). Please review this Agreement before using our Services.

This Agreement is a contract for the use of our Services, which includes the B4MX website and associated software. By using our website or registering with our Services, you agree with and accept this Agreement as set out below, as well as the terms of our privacy policy:

Privacy Policy

You agree that any use by you of our Services shall constitute and legally bind you as your acceptance of this Agreement and we recommend that you store this document and our privacy policy for your own records. If you are acting on behalf of a company or third party, the same rules will apply and you accept and agree to this Agreement and privacy policy.

If you object to any of these mentioned terms and conditions or any subsequent modifications to them, or become dissatisfied with your use of the website in any way, you may: 

a) discontinue your use of the website; and 

b) terminate this Agreement by notifying us in writing by email or otherwise (see contact information at Section 32 below). 

No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.

The Agreement applies to each visitor to, advertiser on and other user of the website and the B4MX Service.

2.      About Us

BEFOREMX Limited t/a B4MX (“B4MX”, “we”, “us” or “our”) is registered in Ireland under company number 613409 and have our registered office at High Street, Graiguenamanagh Co.Kilkenny. Our VAT number is IE 3507620LH.

You can contact B4MX using the contact information set out at Section 32 below.

3.      Purpose

The services which are made available on the website by us from time to time will, amongst other things, allow you:

(i)               to create, publish and manage written advertisements for goods for sale or for wanted goods;

(ii)              to create, publish and manage written advertisements for the provision of services;

(iii)            to contact other users of the website and view their user timeline;

(iv)            to search our database for advertisements regarding a specific product, service, seller and/or in a specific location;

(v)              to forward advertisements to people you know;

(vi)            to invite people you know to view the website;

(vii)           to view third party material and receive short service messages (SMS) as part of the SMS Service (defined below);

(viii)          other items displayed on the website;

(i) to (viii) together, “Content”) (the “Services”).

4.      Acceptable Use

You are free to use any of our Services in compliance with this Agreement and in compliance with applicable laws. You may not use our Services in any way that breaches any applicable local, national or international law or regulation to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content standards. You also agree not to access without authority, interfere with, damage or disrupt any part of our Services or any network or equipment used in the provision of our Services.

5.      User Accounts

Registration is not required if you wish to browse the advertisement listings on our website. However, to in order to any other services, including placing advertisements, interacting with other users, timeline viewings, ads details page viewing, you must register and maintain an active user account. You can do this by filling out the appropriate information on the registration screen on the website. Account registration will require you to submit certain information, including your first name, last name, email address, username and password. You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.

All information you provide to us will be treated in accordance with our privacy policy.

You may not register any more than one account on our website without receiving express permission from us. You may not authorise a third party to access your account. You cannot assign or transfer your account to a third party.

You are personally responsible for maintaining the confidentiality of your account, password and associated information. We will never ask you for your password by phone, email or written communication. We reserve the right to verify your identity and / or any information provided by you. We reserve the right to log off or deactivate accounts that are inactive for an extended period of time. Furthermore, you may request us to delete your account. The deactive account action will:

·        Set a ‘DEACTIVATED’ flag on the user status;

·        Remove all the current active advertisements for the user; and

·        Stop any ‘Message Centre Conversations’ that the user is engaged in.

We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge. You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

6.      Data Protection

We will comply with all of its obligations under applicable data protection law with regard to relevant data in its possession relating to you.  Data collected by us as part of the Services will be treated in accordance with our Privacy Policy and Cookies Policy. These documents set out how we use and protect the information you provide to us.  We recommend that you read the privacy policy and cookie policy carefully.

7.      Limitations on Use of our Services

Your use of our Services is subject to all applicable laws and regulations and before using our Services you agree to the following limitations below:

You must be over 16 years old to use the Services.

The software, source code, logos, images and data are copyrighted by B4MX. You shall not copy or reproduce the software or furnish or otherwise disclose such software to any third parties. You shall not attempt to:

copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute any portion of the software in any form or media or by any means; or

de-compile, reverse compile, disassemble, reverse-engineer, or otherwise reduce to human-perceivable form all or any part of the software.

You cannot redistribute our software or modifications of it, or use our APIs other than through Services implemented by B4MX.

We are not liable for the protection of your devices and any illicit activities that may result from a stolen or breached device (smartphones, tablets, computers, smart watches, etc).

Violating this Agreement may result in Services not being provided, your user account being terminated or, if in violation of the law, you being held accountable.

We can suspend or temporarily interrupt the available Services as normal events.

 

8.      Third Party Service Providers

We use third party service providers to implement and improve our products, as further detailed in our privacy policy. By using our Services you consent to our use of these third party service providers, and agree to their respective policies with regards to privacy.

We are careful with which third parties we rely on to provide our Services, and take security and data privacy seriously. However, we are not liable for the failure of third parties to protect your data.

B4MX takes no responsibility for the services provided by third parties. It must be governed by a contract between you and third party.  B4MX is not liable for any damage, loss of profit, reputation arising out of services provided to you by third parties.

Use of third party services does not establish B4MX as a provider of these services.

When using our services, you agree to comply with applicable laws when using the services.

9.      User Generated Content

You may post advertisements, comments and feedback related to services provided that they comply with the below:

·        You will not post any content that violates other peoples’ rights or the law in general.

·        You will not post anyone's identification, sensitive personal and financial information on our website.

·        You cannot post any content that is defamatory to anyone, results in reputational or financial damage, or pose a threat to rights and freedom of natural persons. B4MX does not take responsibility of any of such content and consequences arising thereon.

As a result of the variation in community standards and individuals sometimes choosing not to comply with our policies and guidelines, in the process of using the website, you may be exposed to Content that you find offensive or objectionable. You can report such Content to us using the ‘Report this Ad’ mechanism.

Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.

We accept no responsibility for transactions that take place on the website. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.

We may make the user-generated Content provided by you available to other users of our website. You agree that B4MX is free to use comments and feedback that are posted by you through our Services as long as it does not constitute personal data and does not pose a threat to rights and freedom of natural persons. As such, copyrights are retained by you for any such Content shared, but a transferable license is granted to B4MX to use, modify, redistribute, or sublicense this Content without providing attribution, payment or expectation of royalties from you.

When users are involved in a transaction, information such as each other's name, username, email address, and other contact information, postal information and financial information may be exchanged between the users. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

We may use the information received from users for developing, modifying or marketing our Services.

B4MX has the right to access the information provided by you or your user account for technical and official support with the protection of confidentiality, security and integrity of the provided data.

You agree that any information provided by you complies with the acceptable use standards set out in Clause 4 of this Agreement.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have the right to remove any information provided by you if, in our opinion, the Content does not comply with the acceptable use standards set out in Clause 4 of this Agreement. If we remove your Content you have a right to appeal.

10.  Your Obligations

The equipment and devices necessary to access the website shall be provided and be maintained by you solely at your expense. If you access the website through a mobile device you may be charged by your mobile service provider for internet access on your device.

11.  Modification or Termination of our Services

We will be improving our Services constantly, and as such may add or remove features or part of the website or software. We further retain the right to suspend or delete user accounts, or refuse any or all of our Services to specific individuals or parties, provided there is a good reason for doing so. We further retain the right to suspend or terminate any or all of our Services.

You agree that we may, with or without cause, immediately delete your advertisement and terminate your access to the Services or a username without prior notice at our sole discretion. The deletion or otherwise of an advertisement should not be viewed as an indication of wrongdoing on the part of the advertiser.

Without limiting the foregoing, the following may lead to a deletion by us of a user’s advertisement and/or termination of access to the Services: 

(a) a breach of the Agreement; 

(b) a request by law enforcement, An Garda Síochána / PSNI, police or other government agencies about you or any Content that you have submitted to us; 

(c) a request by you (self-initiated deletion(s)); 

(d) unexpected technical issues or problems; and 

(e) extended periods of inactivity. 

Deletion of a user advertisement and termination of access to the Services may result in the removal of all Content that we may decide to delete. It may also result in preventing your further use of the website or a username, depending on the circumstances. Furthermore, you agree that termination of the Agreement or your use of the website by us shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the website or removal of Content.

12.  Key Payments and Service Information

Use of services may result in charges and you agree to our terms of payment. Publication of an advertisement is subject to payment of a fee to B4MX.com (the “Fee”). The terms of the Fee are set out on the Website and displayed to you in the course of you offering to place an advertisement with us. The Fee for all Services is quoted euro and is payable in euro. All prices are stated inclusive of valued added tax (VAT) at the relevant rate

You may purchase the Services using Visa, MasterCard, PayPal or any future payment methods available on the website. Any credit card, debit card or other payment method which may be used on the website must have a valid billing address and valid issuing bank or other payment services provider.

Upon receipt of a proper and complete request from you for Services, B4MX will charge the payment method provided by you and will process the order through our external payment processor.

You authorise B4MX to act upon any instruction to charge the payment method provided by you through the website which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the website. B4MX is not required to undertake any additional authentication or identity verification measures other than those we deem appropriate and sufficient to protect the security and maintain the proper use of the website. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.

B4MX shall accept liability for the non-execution or defective execution of Services purchased through the website, subject to your adherence with this Agreement, the proper use of the website as instructed by B4MX, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.

13.  Published Advertisements and Duration of Advertisements

Once you have completed the process of submitting your advertisement we will send you an email confirming receipt of your order for the Services, this email does not constitute an acceptance of your order. Your order for posting an advertisement on the website will not be accepted and an agreement concluded between us and you until the payment for the Service has been received by us. By submitting your advertisement to us, you are deemed to have agreed to the Agreement.

Advertisements will be displayed for a period as stated in pricing on the website once initially posted. If you wish to extend this period you will be required to resubmit your request for the Service and to make a further payment for those services.

Content which comprises advertising material will appear on the website. Individual advertisers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.

Please note that the Content of the published advertisements is provided by external users, and do not represent any views or opinions of B4MX, nor should they purport to do so.

Accordingly, we require that every care is taken by you or on your behalf in drafting the Content of your advertisements in order to ensure that they are not in any way defamatory, illegal or in any other way harmful to a third party as you are solely responsible as author and publisher of your advertisement.

14.  Cancellation and Refunds

You may cancel any of your published ads at any time through “My Active Ads” in your profile. If you cancel an advertisement, you will not be entitled to any refund.

All paid ads shall, to the best of our ability, be published on the website within 36 hours of receipt by us.  Once your advertisement is published, you are not entitled to any refund (full or partial). In the event of a paid ad not being published on the Website with 36 hours of receipt by us, you should contact us at support@b4mx.com and inform our technical team of this issue. Users are not entitled to any compensation for any failure by B4MX to publish paid ads within 36 hours.

Any failure to notify us of an unpublished advertisement within 7 days of payment will be considered by B4MX to be an acknowledgement on your part that no further action is required is required in respect of publication.

Where advertisements or other Content are rejected and/or removed from the website by us, it is our policy NOT to issue refunds. If you have any doubts about the suitability of a proposed advertisement, please contact us at support@b4mx.com in advance of placing the advertisement for appropriate guidance.

15.  Commercial Advertising

Businesses and persons acting in the course of trade are welcome to place classified advertisements on the website.

Businesses and persons acting in the course of trade must select the ‘I’m a Trader’ option on the ‘My Profile’ page of their user account and provide their VAT number prior to placing any advertisement

Advertisements published by businesses or persons acting in the course of trade must comply with applicable laws and it is those persons’ responsibility to do so. We will hold you responsible for any failure to comply with laws that apply to you or your Content. You may need to adhere to the Consumer Protection Act 2007, the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007, the European Communities (Misleading Advertising) Regulations 1988, European Communities (Protection of Consumers in Respect of Contracts made by means of Distance Communications) Regulations 2001, the European Communities (Directive 2001/31/EC) Regulations, 2003 (the “Ecommerce Regulations”) and any other consumer protection legislation at the time being in force.

16.  Fair Usage Policy

We provide for two types of ads to be place on our Website:

·        Type 1 Ad: This type of ad allows users to place one high value item for sale; and

·        Type 2 Ad: This type of ad allows users to place multiple lower value items for sale on the one ad.

To ensure the best browsing experience for our users, your potential buyers, we ask that you only create one type of advertisement per item / product and that any advertisement that any items included in a Type 2 ad is not advertised separately as a separate item / product.This ensures that your products appear in the correct search and helps them sell quicker. Your advertisement may be removed if:

a)      you have more than one item/product in the listing;

b)     you have multiple listings for one item/product across several sections; and/or

c)      you have multiple listings for one item/product across several counties.

This will make it easier for a potential buyer to find the item you wish to sell. It will also make it easier for the advertisement to be removed when the item is sold.If this policy is not complied with, we reserve the right to remove the offending advertisement(s) from the website without notice to you and without refund.

17.  Standards

All advertisements must adhere to the ‘Code of Advertising Standards’ as defined by The Advertising Standards Authority for Ireland in addition to the standards set out in the Agreement.

18.  Intellectual Property

For the purposes of this Agreement “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

You may only download, use, view and display the website (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the website are owned by B4MX or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the website (including any graphics or trade marks) in any form is prohibited without B4MX’s prior consent, other than that which you are authorised by B4MX to print or download for personal, non-commercial use.

All Content, data and information provided through our Services are owned by B4MX, or where applicable our licensors.

“B4MX” is a registered trademark of BEFOREMX LIMITED. You are not permitted to use it without our approval, unless with our express consent. B4MX takes cyber-squatting very seriously. Please notify any suspected incidents to support@b4mx.com.

19.  Promotions

From time to time, B4MX or our partners will run promotions on the website. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the website. B4MX is not responsible for promotions run by our partners and you must make your own inquiries with the relevant third party directly before availing of, and relying on the terms and conditions of, any such promotion.

20.  Service Information

You use our Services at your own risk.

We try to ensure that Content delivered through our Services is accurate and of high quality. However, we are not liable for information that is inaccurate or incomplete. If you do notice inaccurate or incomplete data, you can let us know at support@b4mx.com so that we can improve our Content.

By using our Services, you agree to electronic communications, storage of some of your personal information, and notifications (phone call, SMS and emails) for important updates to our privacy policy, this Agreement or other important company or product updates.

When a third party provides information through our Services, they retain the right to update that information.

21.  Security, Maintenance and Availability

You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. As a consequence, B4MX cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications.

From time to time it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades or other reasons to:

make certain or all of the website or Services unavailable to you; and/or

delay implementation of any new Services; and/or

withdraw, replace or reissue your password; and/or

change authentication procedures or processes for accessing the website or the Services,

while using reasonable endeavours to minimise any inconvenience caused.

You acknowledge and agree that these events may occur and that B4MX bears no liability when such events occur. Where B4MX changes authentication procedures for accessing the website or the Services therein, notwithstanding any other terms of this Agreement, B4MX may introduce these procedures by giving instructions to you via the website in respect of which such procedures are being introduced.

22.  Termination of this Agreement

This Agreement applies to every Service you purchase through the website.

B4MX may terminate this Agreement and withdraw the use of the website and/or the Services provided through it:

upon reasonable prior notice to you;

immediately upon breach by you of this Agreement or where there exist serious grounds for termination. As a courtesy when B4MX terminates this Agreement on these grounds we shall inform you within a reasonable time post-termination;

immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. B4MX reserves the right to commence debt collection actions within the bounds of the law under these conditions;

if it reasonably believes that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.

This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate or cancel the Agreement at any time without reason by giving B4MX written notice to that effect, but without prejudice to your liability for any outstanding indebtedness to B4MX prior to the date of termination.

B4MX reserves the right, acting reasonably, to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. B4MX is not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

23.  Breach

Serious cases of violation of this Agreement may be reported to police or judicial custodians.

B4MX has the right to report any unlawful or threatening conduct.

B4MX has the right to change and remove any Content considered unlawful, offensive, defamatory, abusive or undignified without prior notification.

24.  Disclaimers

Although we facilitate interactions between advertisers and customers, we act only as a passive conduit. As such we make no representation or warranty of any kind, express or implied, in relation to the quality of goods or services advertised on our website. We also have no obligation to verify the identity of any users when they are connected to the website or to monitor material provided by them.

B4MX and its staff shall have no liability for claims by, or damages of any kind whatsoever to, a user of this website or any other person for a decision or action taken in reliance on the information contained on this website.  Such damages include, without limitation, direct, indirect, special, incidental or consequential damages.

The views, opinions and other Content posted by users on the website are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorise it.

25.  Liability

B4MX excludes and limits all of our liability to you, unless where it is unlawful to do so. B4MX, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Applications or the Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.

B4MX is not liable for any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using the Services.

B4MX does not accept responsibility for any actions carried out by you as a result of information or views expressed by B4MX as part of the Services. Any opinions expressed by any third party are their own and are not necessarily those of B4MX.

Furthermore, B4MX will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced in this Agreement or on other related and linked independently operated websites by third parties.

You agree and acknowledge that the website and the Services and Content provided through them are provided “as is”. To the fullest extent permitted by law, B4MX makes no warranties in relation to the use and availability of the website or the Services provided through them.

26.  Force Majeure

B4MX shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any Service or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond B4MX control.

27.  Governing Law

This Agreement, its subject matter and its formation (and any non-contractual disputes or claims), are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any other relevant country.

28.  Indemnification

If we make a request to you, you agree to defend, indemnify and leave us alone from all liabilities, attorney fees, claims and expenses or whatsoever that occur from your use or misuse of the Services or software.  We reserve the right that in any circumstances you will cooperate with us and provide true and honest information.

29.  Assignment

B4MX shall be entitled to assign, transfer, mortgage, charge, subcontract, declare a trust of or deal in any other manner with any or all of its rights and obligations under this Agreement without the prior written consent of the user.

The user shall not entitled to assign, transfer, mortgage, charge, subcontract, declare a trust of or deal in any other manner with any or all of its rights and obligations under this Agreement, unless otherwise agreed in writing with B4MX.

30.  Variations of the Agreement

We reserve the right in our sole discretion to change and update the Agreement at any time and recommend that you revisit this page regularly to keep informed of the current terms and conditions of use that apply to your use of the website. Any such changes will take effect immediately when posted on the website. By continuing to access, browse and use the website, you will be deemed to have agreed to any changes or updates to the terms and conditions of use. We reserve the right to change this Agreement or policies regarding the use of the website at any time and to notify you by posting an updated version of the terms of use on the website. Please check the Agreement from time to time as your continued use of the website means you accept the Agreement on the website at the time of your use.

31.  Miscellaneous

Users agree to any terms and conditions shown in the website. You agree not to sell or resell, reproduce, duplicate, copy or use for any part of our Services for any commercial purposes without our permission.

Any failure by us to enforce or exercise any provision of this Agreement or Services shall not constitute a waiver of that right or whatsoever. Please use our Services responsibly.

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

This Agreement contain the whole agreement between you and B4MX relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

32.  Contact Us

Feel free to ask us any question if you have by email support@b4mx.com.