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Terms and Conditions - Content
Terms of use

Terms of Use

Important things you need to know when using ListGlobally

1.1 Jurisdiction Restrictions: If the laws of your country prohibits you from using the services ListGlobally offers because said services are not allowed in your country, please don’t use them.

1.2 This Agreement: These Terms of Service together with all updates and any Additional Terms applicable to your use of the ListGlobally Website and Products, collectively constitute the legal agreement between you and ListGlobally. By using ListGlobally services, you agree to these Terms of Service. If you do not agree to these Terms of Service, do not use the Products. Please make sure You have read and agreed to the Privacy Policy and any other Additional Terms which apply to Your use of the ListGlobally Website and Products. In some countries, our local partner may provide the Products. If so, You will be asked to accept the partner’s own terms of services, which will supersede these Terms of Service in case of conflict. You should print off or save a copy of these Terms or Service for your records.

Definitions

Capitalized terms and expressions shall have the following meanings:

2.1 Product(s): the internet services provided by ListGlobally in accordance with these Terms of Service (including, without limitation, property address, agent contact information, online numbers, Subscriptions, MyListGlobally) and all Subscriptions levels of ListGlobally, and any and all upgrades.

2.2 ListGlobally: refers to the company established under the laws of ListGlobally S.A. with its address at Rue de la Mercerie 12, 1003 Lausanne, Switzerland.

2.3 Terms of Service: these terms of service as may be renewed and/or amended from time to time.

What you should and should not expect from us

These should be your expectations when you use ListGlobally:

3.1 Quality: ListGlobally will try to provide the Products with minimum disruptions. However please understand that ListGlobally cannot guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products may be transmitted through public Internet lines, there may be power outages or Internet service disruption and you may experience some disruptions e.g. packet loss and delay which will interfere with the quality and speed of Your communication.

3.2 Technical improvement and maintenance: ListGlobally may change technical features in order to keep pace with the latest demands and technological developments or to comply with any and all regulations. ListGlobally may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products and/or Service.

3.3 Content: ListGlobally does not control, nor edit before uploading any content. The content is entirely the responsibility of the person, persons or agents from whom such content originated. You, therefore, may be exposed to content that is objectionable to you. ListGlobally will in no case be held responsible for said content.

What we expect from you

4.1 Information: You will be required to provide ListGlobally in good time with any data or information necessary for a proper provision of the Products.

4.2 No reselling: You agree not to resell the Products to any third party, without the written consent of ListGlobally.

4.3 Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LISTGLOBALLY AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE LISTGLOBALLY PRODUCTS.

Payment

5.1 ListGlobally Subscriptions: For You to use certain Products and or Services. You must have a current and active subscription, which is purchased by You (or an Administrator of your account) from ListGlobally and allocated to Your User Account. You must deposit sufficient funds in Your User Account through Your debit or credit card, PayPal, promotional voucher, or other means, which may be made available by ListGlobally. ListGlobally reserves the right to stop accepting debit or credit cards from one or more issuers.

5.2 Restrictions: ListGlobally does not guarantee that You will be able to use Your ListGlobally balance to purchase all the payable Products and/or services. Certain Products may have to be paid for separately.

5.3 Subscriptions: Your ListGlobally Subscription will automatically renew unless you cancel Your Subscription on Your account or contact us to cancel 10 days before the renewal.

5.4 Refund Policy: You can request a refund in case of technical issue which prevent You from using Your ListGlobally Subscription. ListGlobally handles each refund request on a case by case basis and may decide at its sole discretion whether or not to pay a refund.

Upon a duly submitted refund request, ListGlobally may refund you the amount (partially or entirely). Upon a duly submitted refund request, ListGlobally will refund you on a pro rata basis for the unused period of a Product. This does not apply to subscriptions where upon termination by You. ListGlobally reserves the right to deny repetitive refund requests (more than once for any given type of payable Products). ListGlobally may refund You in the event You terminate Your User Account(s) as permitted under these Terms of Service or in the event that ListGlobally terminates these Terms of Service without serious cause. All refunds shall be paid to the person who initially purchased the ListGlobally Product, either through the original payment method used, or any other reasonable payment method to be determined by ListGlobally in its sole discretion. ListGlobally reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by You of these terms relating to refunds.

5.5 Payments:

5.5.1 Charges and rates

5.5.1.1 Products: You shall pay ListGlobally any applicable charges and rates as stated on the ListGlobally Website in connection with Your purchase and use of the Products. You will be able to pay with all payment method available.

5.5.1.2 Subscriptions: The charges payable for subscriptions determined on the ListGlobally website.

5.5.2 Change of charges and tariffs: ListGlobally may change the rates at any time by giving a thirty (30) day notice of such change on the ListGlobally Website at www.ListGlobally.com. If You do not wish to accept such adjustment of rates, You may ask for a refund of Your Subscription. The new rate will apply to Your next purchase after the adjustments have been published on the ListGlobally Website. You agree that by continuing to purchase and/or use the Products following the adjustments of the rates, You accept the new rates.

ListGlobally may change the charges payable for the purchase of Products at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing Your next purchase of the applicable Product. The new charge will apply to Your next purchase after the adjustments have been published on the ListGlobally Website. You agree that by continuing to use the Products following the adjustments of the charges, You accept the new charges.

5.5.3 Tax: Switzerland VAT generally applies if You are located in the CH and if You don’t have a VAt registration number. Local taxes may apply in certain countries. When You purchase a voucher depending on the country, local VAT or other taxes may apply and may be deducted from the value of the voucher upon redemption.

5.5.4 Free and reduced price promotions: For a limited period of time, ListGlobally may offer free and reduced price promotions. In return for offering this, ListGlobally asks that You use the Product sensibly and don’t abuse the offer. ListGlobally reminds You that it does not allow You to resell any ListGlobally product or service, it reserves the right to terminate Your access to Your User Account immediately. Your use of any service, proxy or other devices preventing us from locating You (for example by allocating You an anonymous IP address), ListGlobally reserves the right to charge your account, regardless of Your real location.

5.5.5 Charged in error: In the event You believe that ListGlobally has charged You in error, You must contact ListGlobally’s customer services at support@ListGlobally.com within 45 days after such charge. No refunds will be given for any charges which are more than 45 days old.

ListGlobally’s liability to You

6.1 Limitation of Liability: IN NO EVENT SHALL LISTGLOBALLY, ITS AFFILIATES, ITS LICENSORS OR THE LISTGLOBALLY STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).

6.2 THE LIMITATIONS ON LISTGLOBALLY’S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT LISTGLOBALLY, ITS AFFILIATES OR THE LISTGLOBALLY STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF LISTGLOBALLY FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LISTGLOBALLY, THE LISTGLOBALLY STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.4 LISTGLOBALLY’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS (WHERE RELEVANT) IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 USD IN ALL CASES IRRESPECTIVE OF WHETHER YOU HAVE PAID FOR THE PRODUCTS (UNLESS THE LOSS IS DUE TO LISTGLOBALLY’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

6.5 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT: LISTGLOBALLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER LISTGLOBALLY NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

6.6 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

6.7 Force Majeure: You acknowledge and understand that if ListGlobally is unable to provide the Products as a result of a force majeure event ListGlobally will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of ListGlobally. In the event ListGlobally is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. LISTGLOBALLY SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

How long does your agreement with ListGlobally last for?

7.1 Duration: The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by ListGlobally, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either ListGlobally or You as set out below.

7.2 Termination: You may terminate Your agreement with us at any time.Without limiting other remedies, ListGlobally or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to ListGlobally’s website, remove hosted content, and take technical and legal steps to keep You off the ListGlobally Website if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, if You purchased ListGlobally Product from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. ListGlobally shall effect such termination by preventing Your access to Your User Account and to the Products and ListGlobally Software. If You provided a valid email address, ListGlobally may provide notice to You by email.

7.3 Update: ListGlobally reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account by contacting our customer support team, with effect from the date on which the revised Terms of Service would become effective.

Third parties’ products and services

8.1: If You encounter any problems upon payment, download or installation, please contact support@ListGlobally.com .

8.2: The third party products or services referred to in paragraph 8.1 above may be subject to the third party provider’s own license agreement and privacy policy that you may have to accept upon download or installation.

8.3: You may also upload or make available various content that You purchased or got for free from third parties. Before posting any content, You should check the conditions imposed by the content providers (if any) and make sure that Your use of this content complies with such conditions. In any event You must have permission from the rightful owner to post the material.

8.4: ListGlobally reserves the right to remove without notice any content that infringes or may infringe a third party’s right and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive or otherwise inappropriate.

Additional terms for Subscriptions

9.1 Subscriptions are for single use only: Each subscription is to be used by one person and or agency only and is not to be shared with any other user. Unusual patterns may be considered indicative of such use and may result in us terminating Your subscription and blocking Your User Account.

9.2: ListGlobally reserves the right to withdraw or change the subscriptions at any time. If ListGlobally changes the Products included in Your subscription, ListGlobally will send a notification by email, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription by email by contacting our Customer Support Team with effect from the date on which the changes are due to take effect.

9.3: In the event that there is, or ListGlobally suspects that there is, any fraudulent activity or misuse of Your subscription, ListGlobally reserves the right to terminate Your subscription with immediate effect and without a refund.

9.4: You may terminate your subscription at any time. If you choose to pay for your subscription monthly, quarterly or annually (as applicable), you acknowledge and agree that this is a recurring payment and payments shall be made to ListGlobally by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by ListGlobally.

Guidelines for Postings

10.1: You understand and agree you will be solely responsible for the content that you post. Please check the information you submit to make sure it is correct and accurate. Don’t knowingly submit false information;

When posting a listing, you may include truthful comments that reflect your opinion about the listing. Please don’t make libelous, aggressive or exaggerated comments. When entering keywords, you should only include keywords that are relevant, objective and pertinent in describing the listing; You should not submit comments or keywords or any information that is unlawful, offensive, abusive, indecent, obscene, racist, discriminatory or menacing or which does, or is intended to, cause annoyance, inconvenience or worry, or which is fraudulent or defamatory.

10.2: You understand that ListGlobally has no control over the content made available in Listings and that it is not able to and does not monitor such content. ListGlobally can therefore not guarantee the accuracy, veracity, integrity or quality of the content made available. Consequently, ListGlobally disclaims any and all responsibility or liability in relation to the content made available. If you believe a listing violates one or more of these guidelines, please contact ListGlobally at support@ListGlobally.com.

10.3: ListGlobally reserves the right to ban temporarily or permanently users who breach these guidelines. ListGlobally may determine, at its sole discretion, to remove any listing at any time.

Additional terms for Recurring Payment

11.1: The Recurring Payment feature will be automatically enabled when You buy a ListGlobally subscription. You will be recharged with the same amount and by the same payment method chosen when You first sign up, unless you subsequently change the amount by accessing Your User Account. In future the same amount will be charged to Your credit card every time.

11.2: I/We hereby authorize ListGlobally to charge this credit card on a monthly, quarterly or annually basis (as applicable) for the amount due under my/our agreement with ListGlobally as indicated in the term and conditions, as such amount due under such agreement may change from time to time. If the monthly, quarterly or annually (as applicable) amount initially charged under such agreement changes, ListGlobally will provide notification of the new amount prior to the first scheduled transaction date for that new amount. If necessary, ListGlobally may initiate credit adjustments for any charges made in error.

This Recurring Payment is to remain in full force and effect until ListGlobally has received notification from me of termination of this service in such time and in such manner as to afford ListGlobally and other applicable third parties a reasonable opportunity to act upon it. Notice may be provided to the email address support@ListGlobally.com

If you think your monthly, quarterly or annually (as applicable) statement is incorrect or if you need more information concerning a transaction on your statement, please email us at support@ListGlobally.com.

Please provide your name, telephone number and a brief explanation of the problem. We will make any necessary adjustments to your account within 30 days. After 45 days all charges will be assumed correct.

Miscellaneous

12.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and ListGlobally with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or ListGlobally arising out of fraud or fraudulent misrepresentation.

12.2 Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.

12.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If ListGlobally waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

12.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. ListGlobally is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.

12.5 Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Lausanne, Switzerland and shall be subject to the jurisdiction of the courts of the district of Lausanne, Switzerland.

12.6 Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

12.7 Survival: The terms of paragraphs 4.3, 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

© ListGlobally S.A. – Last revised: November 2015