Local Help Direct Terms of Use

Introduction

Welcome to Local Help Direct. By accessing https://localhelpdirect.com and its related websites, services, applications or tools (Collectively referred to as "localhelpdirect") you are agreeing to make sure that localhelpdirect works for everyone. Local Help Direct is provided to you by localhelpdirect.com SDELKA TEAM LTD, 2nd Floor Bellerive House, 3 Muirfield Crescent, London, United Kingdom, E14 9SZ, registered in England with number 15336550. These Terms of Use constitute a legally binding agreement between you and SDELKA TEAM LTD and are effective as of 25 June 2021 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Sing up" button when registering a Local Help Direct account and by otherwise accessing Local Help Direct, including posting an ad; or as otherwise indicated on Local Help Direct.


Using Local Help Direct

As a condition of your use of Local Help Direct you agree that you will not:

1. Violate any laws;

2. Violate the Policies:

2.1 Post any threatening, abusive, defamatory, obscene or indecent material;

2.2 Post or otherwise communicate any false or misleading material or message of any kind;

2.3 Infringe any third-party right;

2.4 Distribute spam, chain letters, or promote pyramid schemes;

2.5 Distribute viruses or any other technologies that may harm Local Help Direct or the interests or property of Local Help Direct users;

2.6 Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Local Help Direct;

2.7 Copy, modify, or distribute any other person's content without their consent;

2.8 Use any robot spider, scraper or other automated means to access Local Help Direct and collect content for any purpose without our express written permission;

2.9 Harvest or otherwise collect information about others, including email addresses, without their consent;

2.10 Copy, modify or distribute rights or content from Local Help Direct or Local Help Direct's copyrights and trademarks;

2.11 Harvest or otherwise collect information about users, including email addresses, without their consent;

2.12 Bypass measures used to prevent or restrict access to Local Help Direct;

2.13 Use any tool that interferes with the normal functioning of Local Help Direct, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Local Help Direct's functionalities; or

2.14 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 Local Help Direct 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 Local Help Direct 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 Local Help Direct, we may, at our discretion, inform other Local Help Direct users that have been in contact with you and recommend that they exercise caution.


Abusing Local Help Direct

Local Help Direct and the Local Help Direct community work together to keep Local Help Direct 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 Local Help Direct 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 Local Help Direct employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Local Help Direct or not, we do not have any obligation to monitor the information transmitted or stored on Local Help Direct and we do not accept any liability for unauthorised or unlawful content on Local Help Direct or use of Local Help Direct by users.


Global Marketplace

Some of Local Help Direct's features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the Local Help Direct community, or on third party Platforms, including social media channels. By using Local Help Direct, you agree that your ads can be displayed on these other Platforms and media channels. 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 Local Help Direct, or any third party Platform, or if we believe it causes problems or violates any law or policy.


Fees and Services

Using Local Help Direct 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 Local Help Direct. 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 Local Help Direct 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 Local Help Direct 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 ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Local Help Direct users for any fees paid through use of Local Help Direct in the following cases:

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

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

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

4. If you have removed your ads yourself;

5. If you post duplicate ads as defined in our rules regarding duplicate ads;

6. If we believe that your ads are in a significantly wrong category;

In addition to the Local Help Direct services, ancillary goods or services such as insurance or car finance may be advertised on Local Help Direct. Although users may offer financial products on their ads, Local Help Direct is in no way involved or liable for any loss related to such transactions.


Display and placement of user ads

We strive to create a community where users can find what they are looking for. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:

1. Users' location and search query / category selected;

2. adverts' category, content, location and date published; and

3. if the ad has a paid-for promotion (see our Payment & Promotions Help page for more information)


Content

Local Help Direct contains content from us, you, and other users. Local Help Direct is protected by copyright laws and international treaties. Content displayed on or via Local Help Direct 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 Local Help Direct without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Local Help Direct. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Local Help Direct (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 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 Local Help Direct corporate group, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights and copyright you have in the content to the fullest extent permitted by law.

Local Help Direct 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 Local Help Direct ad while your ad is on Local Help Direct. 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 Local Help Direct's sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Local Help Direct is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Local Help Direct policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.


Infringement

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 Local Help Direct by private individuals. 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 Local Help Direct.

Reporting an infringement:

You only need to send us a message at admin@localhelpdirect.com, specifying "Report of Infringement" in the subject line, in order to participate in the Notice of Infringement Programme.The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Local Help Direct to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Local Help Direct via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Local Help Direct users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using Local Help Direct Help.


Financial Products

Local Help Direct operates solely as an introducer for the financial products advertised on this website (which includes unsecured loans and insurance). We do not provide any advice or give any opinions on the merits of any of the financial products that we advertise and users are advised to conduct their own research and seek independent financial advice before applying for any of these financial products.


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 do not review users' postings and are not involved in the actual transactions between users. We do not conduct constant monitoring, as postings can be altered by the person who published them. All reviews are conducted at the initial stage and also take place regularly on a random basis to ensure compliance with the rules outlined in this Term of Use.

As most of the content on Local Help Direct 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 Local Help Direct, 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 Local Help Direct 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.


Third party rights

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 Terms of Use 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.


Data Protection and Privacy

By using Local Help Direct, you agree to the collection, transfer, storage and use of your personal information by Local Help Direct on servers located in the Netherlands, United States and China as further described in our Privacy Policy.

You and Local Help Direct shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will Local Help Direct and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from Local Help Direct exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

As part of the services, Local Help Direct has access to various information about users, including personal data. This includes information that users submit to Local Help Direct as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).

Via Local Help Direct.com and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).

Local Help Direct only shares information about users with third parties if this is necessary for the provision of the services or if Local Help Direct is legally or contractually entitled to do so.

Upon expiry of these Terms of Use, we will delete the information you provided, or which was generated through your use of the services from your Local Help Direct account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.

For information regarding the processing of personal data by Local Help Direct, including sharing such data with third parties and your rights as a data subject, please see our Privacy Notice.


Resolution of disputes

If a dispute arises between you and Local Help Direct, we strongly encourage you to first contact us directly to seek a resolution by write to our email admin@localhelpdirect.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.


General

These terms and the other policies posted on Local Help Direct constitute the entire agreement between Local Help Direct 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 the United Kingdom of England, Scotland, Wales, and Northern Ireland. You agree that any claim or dispute you may have against SDELKA TEAM LTD, must be resolved by the courts of England. You and Local Help Direct both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Local Help Direct 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.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to SDELKA TEAM LTD, 2nd Floor Bellerive House, 3 Muirfield Crescent, London, United Kingdom, E14 9SZ. 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 Local Help Direct website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.


Mobile Devices Terms

If you're accessing Local Help Direct Services from a mobile device using a Local Help Direct Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") 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 your agreement to these Terms of Use.

Application Use. Local Help Direct 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.Local Help Direct.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. Local Help Direct 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 Local Help Direct's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Local Help Direct Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications. Local Help Direct 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).

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