Vendor Agreement

Introduction

  • Welcome to evonso.co.uk By accessing www.evonso.co.uk and its related websites, services, applications or tools (Collectively referred to as “Evonso”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Evonso works for everyone. These Terms of Conditions constitute a legally binding agreement between you and IAMLOYAL and are effective upon acceptance. You accept these Agreement by registering an Evonso account and by otherwise accessing Evonso services, including listing an ad; or as otherwise indicated on Evonso.

Using Evonso

As a condition of your use of Evonso you agree that you will not:

      1. violate any laws;
      2. violate the Policies and Legals;
      3. post any threatening, abusive, defamatory, obscene or indecent material;
      4. post or otherwise communicate any false or misleading material or message of any kind;
      5. infringe any third-party right;
      6. distribute spam, chain letters, or promote pyramid schemes;
      7. distribute viruses or any other technologies that may harm Evonso or the interests or property of Evonso users;
      8. impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Evonso;
      9. copy, modify, or distribute any other person’s content without their consent;
      10. use any robot spider, scraper or other automated means to access Evonso and collect content for any purpose without our express written permission;
      11. harvest or otherwise collect information about others, including email addresses, without their consent;
      12. copy, modify or distribute rights or content from Evonso or Evonso’s copyrights and trademarks;
      13. harvest or otherwise collect information about users, including email addresses, without their consent;
      14. bypass measures used to prevent or restrict access to Evonso;
      15. use any tool that interferes with the normal functioning of Evonso, including, without limitation, browser plug-ins, extensions, or other software which are designed to
      16. supplement, remove or otherwise change any of Evonso’s functionalities; or
      17. 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 Evonso 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 Evonso either temporarily or permanently or refuse a user’s registration. If we believe that you are breaching these Agreement in any way and/or behaving suspiciously on Evonso, we may, at our discretion, inform other Evonso users that have been in contact with you and recommend that they exercise caution.

Abuse

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

Services

  • Using Evonso 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 listing such changes on Evonso. 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 Evonso fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Agreement  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 Evonso in case we believe these Agreement , including our Listing 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 Evonso users for any fees paid through use of Evonso in the following cases:

 

    1. If you breach, in our opinion, these Agreement , which include, without limitation, the Policies;
    2. If your ads went live with exposure on the Evonso 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 in the Pets or Massage categories of Evonso;
    4. If your ads are placed into “edit” mode and will go live to site once updated by you;
    5. If you have removed your ads yourself;
    6. If you post duplicate ads as defined in our rules regarding duplicate ads;
    7. If we believe that your ads are in a significantly wrong category;
    8. Please note that the above list is not exhaustive.

Content

  • Evonso contains content from us, other marketplaces and platforms, you, and other users. Evonso is protected by copyright laws and international treaties. Content displayed on or via Evonso 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 Evonso without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Evonso. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Evonso (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 other Platforms, 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 you have in the content to the fullest extent permitted by law.
  • Evonso 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 Evonso ad while your ad is on Evonso. 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 Evonso’s sole discretion.
  • You may not have the opportunity to review all of the supplemental data before listing an ad. Evonso 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 Agreement  and all Evonso 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 Evonso 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 Evonso.

Reporting an infringement:

  • In order to report an infringement, you need to send a letter with full details of infringement to our postal address, complete with your signature, to report advertisements which may infringe on your property rights. The information provided 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 Evonso to identify the advertisement to be removed. Once we have received your letter, you can simply send later reports to Evonso via the e-mail address provided. Only the lawful owners of the relevant intellectual property rights can write to us. This is intended to enable rights owners to ensure that products offered by Evonso users do not infringe their copyright, trademark rights or other intellectual property rights.

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’ listings and are not involved in the actual transactions between users. As most of the content on Evonso comes from other users, we do not guarantee the accuracy of listings 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 listing 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 Evonso, 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 Evonso 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 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.

Data Protection and Privacy

  • By using Evonso, you agree to the collection, transfer, storage and use of your personal information by Evonso on servers located in the Netherlands, United States and China as further described in our Privacy Notice.
  • You will process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Evonso 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 include but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Evonso exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement 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.

Resolution of disputes

  • If a dispute arises between you and Evonso, we strongly encourage you to first contact us directly to seek a resolution by going to the Evonso 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.

General

  • These terms and the other policies posted on Evonso constitute the entire agreement between Evonso 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 Evonso must be resolved by the courts of England and Wales. You and Evonso 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 Evonso both agree to submit to the jurisdiction of a County Court within London.
  • 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 IAMLOYAL, 152-160 Road, Kemp House, London EC1V 2NX. 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 Evonso website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, and agreed by users.
  • Evonso is provided to you by IAMLOYAL, 152-160 Road, Kemp House, London EC1V 2NX, United Kingdom.

For any help with using Evonso please see the Support Centre.