TERMS AND CONDITIONS FARECOINS.COM
The following terms and conditions govern your use of the Farecois.com services and the materials available therein ("Materials"):
1. DEFINITIONS
The following words shall mean:
· Member: Registered member at Farecoins.com
· Conditions: the terms and conditions set out in this document
· Contract: any contract between the Member and Farecoins.com for receiving the benefits or articles selected by the member
· Benefits: the benefits (tangible and intangible) that the Member agrees to receive from Farecoins.com
· Goods: the intangible benefits that the Member agrees to receive from Farecoins.com
· Delivery Point: the place, informed by the Member, to which the Member requests the Goods to be delivered.
· Price: the amount of Farecoins a member has to cede from their Farecoins account for receiving the benefits shall be the price set out in the Farecoins current price list at the date on which an order is made
2. APPLICATION OF TERMS
· The Contract shall be on these Conditions to the exclusion of any other terms and conditions.
· Any order for receiving the selected Benefits from the Member shall be deemed to be an offer to purchase the Benefits subject to these Conditions.
·
No terms or conditions endorsed upon, delivered
with or contained in any Farecoins.com's order, confirmation of order,
specification or other document shall form part of the
Contract. The
Conditions shall not be varied unless any agreement to vary is recorded in
writing and signed by the Farecoins.com and Member.
·
No order placed by the Member will be accepted by
Farecoins.com until they have sent to the Member acknowledgement and acceptance
of the order. Upon Farecoins.com
sending
the acknowledgement and acceptance of the order, Farecoins.com and the Member
will have a binding contract between them.
· The Member warrants that all the details in the order are complete and accurate.
·
The Conditions shall apply to the acquisition of
all Benefits. Save as has been specifically provided for in the Conditions, any
representations relating to the Benefits shall not be
effective unless expressly agreed in writing and
signed by both Farecoins.com and the Member.
3. THE BENEFITS
·
The Member acknowledges that they have entered into
the Contract as a result of their inspection or knowledge of the Benefits and
not in reliance upon any description
given by Farecoins.com.
·
All drawings, descriptive matter, specifications
and advertising issued by Farecoins.com are issued or published for the sole
purpose of giving an approximate idea of the
Benefits described in them and shall not form
part of the Contract.
4. 4. COLLECTION OF THE BENEFITS
· Unless otherwise agreed in writing by Farecoins.com, the Goods shall be delivered to the requested Delivery Point of the Member.
·
Any date specified by the Farecoins.com for
receiving of the Benefits is intended to be an estimate and time for collection
is not and shall not be made of the essence of the
contract. If no date is so specified, delivery
shall be within a reasonable time.
·
Farecoins.com shall not be liable for any loss
(including any loss of profit), costs, damages, charges or expenses caused
directly or indirectly by any delay in making the
Benefits (even if caused by his/her/its/their
negligence).
·
If Farecoins.com fails to make the Benifits
available for the Member by any estimated date or if no estimated date for
collection is given, within a reasonable time, the
Member may terminate or rescind the Contract upon
giving notice to Farecoins.com for delivery days notice.
5. TITLE AND RISK
·
Title and ownership to the Benefits shall not pass
from Farecoins.com to the Member until Farecoins.com has deducted the Price from
the Farecoins account of the
Member.
·
Until title and ownership in the Benefits has
passed, the Member shall hold the Benefits and each of them as bailey on behalf
of Farecoins.com and on a fiduciary basis retain
the Benefits separate from his/her/its/their
other merchandise and possessions; and keep the Benefits identifiably separate.
·
Farecoins
makes no representations or warranties of any kind, express or implied, as to
the operations of this site or the information, content, materials, products or
services
included or or otherwise made available to you
through this site, unless otherwise specified in writing. You expressly agree
that your use of this site is at your sole risk
6. LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FARECOINS.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FARECOINS.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FARECOINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FARECOINS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. WEBSITE ACCESS
8. WEBSITE COMMUNITY RULES
You agree to use Farecoins.com Communities in accordance with the following Community Rules. These apply across all Farecoins.com community sites and services. You should, however, read the local house rules of the particular site or service you’re using, as there may be some local variations to these Community Rules.
· We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the host of the relevant Community area using the 'Contact Us' link, and they will promote it if they see fit.
· If you fail to abide by these Community Rules (and/or any variations in the relevant local house rules) when taking part in a www.farecoins.com Community service, you will be sent an e-mail which informs you why your contribution has been failed or edited. This mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of www.farecoins.com Community areas. If you post or send offensive or inappropriate content anywhere on or to www.farecoins.com Communities or otherwise engage in any disruptive behavior on www.farecoins.com, and Farecoins.com considers such behavior to be serious and/or repeated, Farecoins.com may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s. Farecoins.com reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
9. CONTRIBUTION TO WWW.FARECOINS.COM
10. SCRATCH AND WIN PARTICIPATION
11. FORCE MAJEUR
12. GENERAL
13. Intellectual Property
14. MISCELLANEOUS
· Farecoins.com may terminate the subscription for access to the website www.farecoins.com and suspend or discontinue providing the Services to you. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The suspension or discontinuation of the Services leads to the termination of the Member’s account and all remaining Farecoins on each account become no longer valuable in any possible way.
· These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of Belgium? Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Belgian courts.
ISSUE DATE: 24th of November 2008