As a condition of your use of Egen (including Egen.com and its related websites, services, applications and tools) you agree that you will not:
Egen and the Egen community work together to keep the Egen websites, services,
applications and tools 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 Egen 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 Egen employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Egen or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Egen or use of Egen by users.
Using Egen is generally free, but we sometimes 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 post your ad. 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 the Egen website. 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.
Egen contains content from us, you, and other users. Egen is protected by copyright laws and international treaties. Content displayed on or via Egen 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 Egen without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Egen. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Egen (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-licensable (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 and on all other sites, services, applications and tools that are part of Egen.
Egen may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Egen ad during the time your ad is on the Egen site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Egen's sole discretion.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Egen by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Egen.
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 do not review users' postings and are not involved in the actual transactions between users. As most of the content on Egen 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 Egen, 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 pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
If you have a dispute with one or more Egen users, 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.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
If a dispute arises between you and Egen, we strongly encourage you to first contact us directly to seek a resolution by going to the Egen Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on Egen constitute the entire agreement
between Egen and you, superseding any prior agreements. No agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against E:gen App Ltd must be resolved by the courts of England and Wales. You and Egen both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Egen both agree to submit to the jurisdiction of the County Court of Wandsworth.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Egen website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
For any help with using Egen please see the Egen Help page.
If you're accessing Egen Services from a mobile device using a Egen Mobile
apply to you in addition to the applicable Mobile Privacy and Legal Notice or End
User License Agreement, as the case may be. Your use of the Application confirms
Application Use. Egen grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Egen.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property - Applications. Egen owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Egen's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Egen Application.
Prohibited Countries Policy and Foreign Trade Regulation - Applications. Egen Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Kijiji Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.