Terms of service
TERMS AND CONDITIONS
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Welcome to Farly
- Farly operates a social media-inspired peer-to-peer marketplace which allows you to buy and sell items using the Farly.co web application. You can search for items, log in to your profile, and view other profiles (each account has a unique and public URL) via the website.
- The Service is operated by FARLEIGHIO Limited, incorporated and registered in England and Wales under company number 5 Chepstow Villas, London W113EE (“we”, "our", or “us”).
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Your relationship with us
- This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at hello@farly.co to discuss what this means for you.
- By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.
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Information about you and your privacy
- Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you. You should also read our Cookie Policy to understand how we use cookies within the Service.
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Setting up an account
- TO ACCESS OUR SERVICE, YOU MUST REGISTER WITH US AND SET UP AN ACCOUNT WITH A USERNAME AND PASSWORD (YOUR “ACCOUNT”). WE ENCOURAGE YOU TO USE “STRONG” PASSWORDS (PASSWORDS THAT USE A COMBINATION OF UPPER AND LOWER CASE LETTERS, NUMBERS AND SYMBOLS) WITH YOUR ACCOUNT. BY SETTING UP AN ACCOUNT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND THE COOKIES POLICY.
- YOU MUST BE AT LEAST 18 YEARS OF AGE AND CAPABLE IN YOUR COUNTRY OF RESIDENCE OF ENTERING INTO A LEGALLY BINDING AGREEMENT TO USE OUR SERVICE. FARLEIGH.IO DOES NOT KNOWINGLY COLLECT OR SOLICIT ANY INFORMATION FROM ANYONE UNDER THE AGE OF 13 OR KNOWINGLY ALLOW SUCH PERSONS TO REGISTER FOR THE SERVICE. FARLY IS A GENERAL AUDIENCE SITE AND THE SERVICE AND ITS CONTENT ARE NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13. CHILDREN UNDER THE AGE OF 13 ARE PROHIBITED FROM PROVIDING ANY PERSONAL INFORMATION TO THE SITE. IN THE EVENT THAT WE LEARN THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER AGE 13 WITHOUT PARENTAL CONSENT, WE WILL DELETE THAT INFORMATION AS QUICKLY AS POSSIBLE. YOU MAY CONNECT TO OUR SERVICE WITH THIRD-PARTY SERVICES APPROVED BY US (E.G., FACEBOOK, INSTAGRAM OR TWITTER) AND IN SUCH CIRCUMSTANCES YOU GIVE US PERMISSION TO ACCESS AND USE YOUR INFORMATION FROM THAT SERVICE AS PERMITTED BY THAT SERVICE, AND TO STORE YOUR LOG-IN TOKEN FOR THAT SERVICE AS SET OUT IN OUR PRIVACY POLICY.
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YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN DETAILS AND ANY ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. IF YOU HAVE ANY CONCERNS THAT YOUR ACCOUNT MAY HAVE BEEN MISUSED, YOU SHOULD CONTACT US AT HELLO@FARLY.CO STRAIGHT AWAY TO LET US KNOW. WE RESERVE THE RIGHT TO ACCESS YOUR ACCOUNT SOLELY FOR THE PURPOSES OF ENSURING COMPLIANCE WITH OUR AGREEMENT WITH YOU.
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Farly Marketplace and Payments
- Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features in ABOUT.
- You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item”). When a user of the Service purchases such Sale Item, this is a “Sale Transaction”.
- Sale Transactions may only take place via either of Farly.co’s third-party payment providers - PayPal
- Where you use PayPal or other payment providers to make or receive payment for a Sale Transaction, you will need a pay any extra changes to use the Service. If you are under 18 and do not have your own PayPal account and plan to use a parent’s or third party’s PayPal account, you undertake that you have express permission to use such parent’s or third party’s PayPal account in relation to each and every transaction undertaken on our Service.
- To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service (See section 8).
- We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the swap, sale or purchase of a Sale Item.
- ANY AGREEMENT FOR AND/OR PURCHASE OF A SALE ITEM IS MADE SOLELY BETWEEN YOU AND THE SELLER. THE APPLICATION MAY INCLUDE FUNCTIONALITY FOR SUGGESTING MORE EFFECTIVE SELLING, SUCH AS DISCOUNTING SALE ITEMS, BUT SELLERS HAVE, AT ALL TIMES, TOTAL DISCRETION TO SET PRICES. COMPLAINTS, QUESTIONS AND CLAIMS RELATED TO A SALE ITEM SHOULD BE DIRECTED TO THE SELLER. WHERE USERS CANNOT RESOLVE ISSUES RELATING TO A SALE TRANSACTION BETWEEN THEMSELVES, A DISPUTE RESOLUTION PROCESS IS AVAILABLE. YOU CAN FIND OUT MORE ABOUT OUR DISPUTE RESOLUTION PROCEDURE AT SECTION 15 OF THESE TERMS OF SERVICE.
- AS WE ARE NOT THE SELLER OF ANY SALE ITEMS, WE HAVE NO CONTROL AND DO NOT GIVE ANY COMMITMENT RELATING TO THE EXISTENCE, QUALITY, SAFETY, GENUINENESS OR LEGALITY OF SALE ITEMS. FURTHER, WE DO NOT WARRANT THE TRUTH OR ACCURACY OF ANY PICTURE OR DESCRIPTION OF THE SALE ITEMS OR THAT SUCH PICTURES OR DESCRIPTIONS ARE TRUE REPRESENTATIONS OF THE SALE ITEMS. WE DO NOT WARRANT ANY OTHER CONTENT MADE AVAILABLE BY USERS, THE ABILITY OF SELLERS TO SELL SALE ITEMS, THE ABILITY OF BUYERS TO PAY FOR THEM OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN THE SALE ITEM, AND WE HAVE NO LIABILITY IN THIS RESPECT. WHILST WE RESERVE THE RIGHT TO TAKE ACTION WHERE WE ARE AWARE OF ANY BREACH OF THE ACCEPTABLE USE POLICY, WE ARE NOT ABLE TO VERIFY THE DETAILS REGARDING SALE ITEMS OR OTHER INFORMATION POSTED OR PLACED BY THIRD PARTIES ON THE SITE. SELLERS ARE RESPONSIBLE FOR ENSURING THAT ANY AGE-RESTRICTED SALE ITEMS ARE MARKED CLEARLY WITH THE APPLICABLE AGE RESTRICTION (AS REQUIRED BY LAW) AND BUYERS AGREE THAT THEY SHALL NOT ATTEMPT TO PURCHASE SALE ITEMS IF THEY ARE YOUNGER THAN THE ADVERTISED AND LEGAL AGE RESTRICTION. BUYERS ARE RESPONSIBLE FOR CARRYING OUT SUCH CHECKS OR INVESTIGATIONS REGARDING THE SALE ITEM AS THEY DEEM APPROPRIATE PRIOR TO COMMITTING TO PURCHASING A SALE ITEM.
- TO SAFEGUARD THE INTERESTS OF OUR USERS, WE DO NOT RECOMMEND USING THE SERVICE TO SWAP SALE ITEMS. IN ANY EVENT, YOU ACKNOWLEDGE THAT YOU SWAP SALE ITEMS ENTIRELY AT YOUR OWN RISK AND WE HAVE NO LIABILITY IN THIS RESPECT.
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Your right to use the Service
- The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content, and designs on each page of the Farly.co application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
- Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift, or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
- Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “Farly” name, or any of the “Farly.” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to Farly.
- These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of Farly's materials and content, the Service, Farly name and/or trademarks, other than as set out in these Terms of Service.
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Your content
- You confirm that images, sounds, text or information that you submit or create (“User Content”) whilst using the Service will meet the Rules of Acceptable Use.
- You give us, our group companies and our third-party contractors a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any User Content that you post, upload or otherwise make available through the Service for the purpose of providing the Service and otherwise in connection with the provision of the Service and our business. You also grant each user of the Service a non-exclusive, royalty-free licence to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms of Service. We and our group companies may use your User Content for marketing and/or advertising our and/or our group companies’ services and you acknowledge and agree that your User Content may be included in any advertising and marketing.
- You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Service and keeping your Account password and other Account information confidential.
- If you are contacted by a third party in relation to your User Content or information you make available via the Service, you agree to contact us immediately by email to hello@farly.co and to cooperate fully with us as we reasonably require.
- While we do not have any obligation to monitor the User Content you make available via the Service, you acknowledge and agree that we may monitor such User Content at any time for any reason (whether automatically, manually or otherwise), but subject to our Privacy Policy. We reserve the right to edit or remove any User Content at our sole discretion without notice to you.
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Farly’s Acceptable Use Policy
- YOU MAY ONLY USE THE SERVICE IN ACCORDANCE WITH THESE TERMS OF SERVICE.
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YOU AGREE THAT YOU WILL NOT:
- Breach any applicable law, regulation or code of conduct;
- Upload any User Content (including pictures of yourself) that is in any way obscene, unlawful, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive or otherwise encourages conduct that would be considered a criminal offence, gives rise to civil liability, violates any law or is otherwise inappropriate;
- Upload any User Content that contains any unsolicited or unauthorised advertising or promotional materials, or any other form of similar solicitation (spam);
- Transmit any data, send or upload any material that contains viruses, Trojan horses, spyware, adware, ransomware, worms, time-bombs, keystroke loggers, spyware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Collect any data from the Service other than in accordance with these Terms of Service;
- Submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark, privacy or other rights of third parties;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
- SUBMIT OR CONTRIBUTE ANY INFORMATION OR COMMENT ABOUT ANOTHER PERSON WITHOUT THAT PERSON’S PERMISSION;
- THREATEN, ABUSE OR INVADE ANOTHER’S PRIVACY, OR CAUSE ANNOYANCE, INCONVENIENCE OR NEEDLESS ANXIETY OR BE LIKELY TO UPSET, EMBARRASS, ALARM OR ANNOY ANY OTHER PERSON;
- Use the Service for any commercial purpose or for the benefit of any third party other than in relation to transactions or swaps conducted in respect of Sale Items;
- Use the Service in any way that is fraudulent or unlawful, or is likely to disrupt, damage or impair the Service, Farly.co or our group companies in any way;
- Access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Service security measures;
- Interfere with the fair working of the Service;
- Create multiple accounts;
- DO ANYTHING ELSE WHICH WE REASONABLY BELIEVE TO BE INAPPROPRIATE OR IMMORAL.
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Notice and takedown policy
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FARLY OPERATES ON A “NOTICE AND TAKEDOWN” BASIS. IF YOU BELIEVE THAT ANY CONTENT MADE AVAILABLE VIA THE SERVICE INFRINGES ANY RIGHT THAT YOU OWN OR REPRESENT, PLEASE NOTIFY US IMMEDIATELY BY EMAIL AT HELLO@FARLY.CO. IN YOUR EMAIL, YOU WILL NEED TO PROVIDE THE FOLLOWING INFORMATION IN THE BODY OF THE EMAIL: THE IDENTITY OF THE CONTENT YOU THINK IS INFRINGING YOUR RIGHTS; A STATEMENT EXPLAINING HOW THIS CONTENT INFRINGES YOUR RIGHTS OR THE RIGHTS OF A PARTY YOU REPRESENT; YOUR NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS; A STATEMENT THAT YOU BELIEVE IN GOOD FAITH THAT THE USE OF THE CONTENT IN THE MANNER COMPLAINED OF IS NOT AUTHORISED BY YOU OR THE PARTY YOU REPRESENT; AND A STATEMENT THAT THE INFORMATION YOU PROVIDE IS ACCURATE AND TRUE.
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FARLY OPERATES ON A “NOTICE AND TAKEDOWN” BASIS. IF YOU BELIEVE THAT ANY CONTENT MADE AVAILABLE VIA THE SERVICE INFRINGES ANY RIGHT THAT YOU OWN OR REPRESENT, PLEASE NOTIFY US IMMEDIATELY BY EMAIL AT HELLO@FARLY.CO. IN YOUR EMAIL, YOU WILL NEED TO PROVIDE THE FOLLOWING INFORMATION IN THE BODY OF THE EMAIL: THE IDENTITY OF THE CONTENT YOU THINK IS INFRINGING YOUR RIGHTS; A STATEMENT EXPLAINING HOW THIS CONTENT INFRINGES YOUR RIGHTS OR THE RIGHTS OF A PARTY YOU REPRESENT; YOUR NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS; A STATEMENT THAT YOU BELIEVE IN GOOD FAITH THAT THE USE OF THE CONTENT IN THE MANNER COMPLAINED OF IS NOT AUTHORISED BY YOU OR THE PARTY YOU REPRESENT; AND A STATEMENT THAT THE INFORMATION YOU PROVIDE IS ACCURATE AND TRUE.
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Advertisements on the Service
1. We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. By signing up to the Service you consent to the use of your data for this purpose. You can unsubscribe from receiving this material by [clicking the unsubscribe button on ] When delivering advertising we will only use information that identifies you as set out in our Privacy Policy. We may use advertising cookies to provide such advertising and you can read our Cookie Policy here.
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Seller commission
1. The seller of any Sale Item will pay us a commission on the total transaction amount received by the seller (including VAT and any other applicable taxes, if any, and shipping costs) in respect of any Sale Transaction (the “Commission”). If the Commission payable is less than our minimum Commission, then the seller will be required to pay the minimum Commission.
2. PayPal may charge you an additional fee and you should ensure you are familiar with PayPal’s terms of use which you will have agreed to when you set up your PayPal account.
3. Our Commission with be deducted from your PayPal account or the funds transferred to you via Stripe (whichever is applicable).
4. We will provide the seller of the Sale Item with an invoice detailing the Commission.
5. The Commission is inclusive of VAT or other sales taxes (where applicable). -
Ending our relationship
- If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
- If you wish to end your use of the Service, please contact us at hello@farly.co from the email address linked to your account and ask us to deactivate your Account. We will ensure that your Account is deactivated and that you no longer receive emails from us, within 7 days of receiving your email.
- We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or if you breach these Terms of Service in any other important way.
- We may also withdraw the Service for any reason, without notice, at any time and without any liability to you.
- If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete your User Content, any other information you have uploaded to the Service or any other information we hold about you. You will also lose any rights you have to use the Service or access our content. We will not offer you compensation for any losses.
- The termination of your use of the Service and the cancellation of your Account shall not affect any of your obligations to us under these Terms of Service which are intended to survive such termination or cancellation.
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Our liability/responsibility to you
1. You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items. Any agreement for the sale and purchase of Sale Items is made between the buyer and the seller and Farleigh.io has no involvement in such agreement. Whilst we take action as we consider fit when matters are brought to our attention we do not validate every Sale Item available on the website.
2. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
3. Farleigh.io is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
4. You may be able to access third party links/websites/products via the Service. Farleigh.io is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
5. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
6. For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
7. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation. -
Resolving disputes
- IF YOU HAVE A DISPUTE WITH US RELATING TO THE SERVICE, IN THE FIRST INSTANCE PLEASE CONTACT US AT HELLO@FARLY.CO AND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY.
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Changes to the Service
- We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Service.
- In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“changes to the Service”). These changes to the Service may affect your past activities on the Service, features that you use, your User Content and any other information you submit to the Service (“Service elements”). Any changes to the Service could involve your Service elements being deleted or reset.
- You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.
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Changes to the documents
- We may revise these Terms of Service from time to time but the most current version will always be available via the Service. Any changes will be effective immediately upon posting through the Service. You are responsible for reviewing the Terms of Service and the Privacy Policy regularly so that you are aware of any changes to them. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms of Service. We may also notify you of any changes via email to the email address associated with your Account.
- NO CHANGES TO THE TERMS OF SERVICE OR PRIVACY POLICY SHALL APPLY TO ANY DISPUTE BETWEEN YOU AND US WHICH AROSE PRIOR TO THE DATE OF SUCH CHANGE.
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Documents that apply to our relationship with you
- The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
- In the event of any conflict between these Terms of Service and any other documents referred to in these Terms of Service or otherwise, these Terms of Service will take precedence.
- We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If any part of these Terms of Service cannot be enforced, then the remainder of these Terms of Service will still apply to our relationship.
- If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we will still be entitled to take action in the future.
- These Terms of Service are governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms of Service.
10. Advertisements on the Service
1. We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. By signing up to the Service you consent to the use of your data for this purpose. You can unsubscribe from receiving this material by [clicking the unsubscribe button on ] When delivering advertising we will only use information that identifies you as set out in our Privacy Policy. We may use advertising cookies to provide such advertising and you can read our Cookie Policy here.
11. Seller commission
1. The seller of any Sale Item will pay us a commission on the total transaction amount received by the seller (including VAT and any other applicable taxes, if any, and shipping costs) in respect of any Sale Transaction (the “Commission”). If the Commission payable is less than our minimum Commission, then the seller will be required to pay the minimum Commission.
2. PayPal may charge you an additional fee and you should ensure you are familiar with PayPal’s terms of use which you will have agreed to when you set up your PayPal account.
3. Our Commission with be deducted from your PayPal account or the funds transferred to you via Stripe (whichever is applicable).
4. We will provide the seller of the Sale Item with an invoice detailing the Commission.
5. The Commission is inclusive of VAT or other sales taxes (where applicable).12. Ending our relationship
1. If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
2. If you wish to end your use of the Service, please contact us at support from the email address linked to your account and ask us to deactivate your Account. Where such request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonable require.
3. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
4. We may also withdraw the Service for any reason, without notice, at any time and without any liability to you.
5. If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.13. Our liability/responsibility to you
1. You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.
Any agreement for the sale and purchase of Sale Items is made between the buyer and the seller and Farleigh.io has no involvement in such agreement. Whilst we take action as we consider fit when matters are brought to our attention we do not validate every Sale Item available on the website.
2. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
3. Farleigh.io is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
4. You may be able to access third party links/websites/products via the Service. Farleigh.io is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
5. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
6. For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
7. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.14. Your responsibility to us
1. If Farly is sued due to an action or inaction by you (including a breach of these Terms of Service) then where such action against Farly arises out of your action or inaction you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.
15. Resolving disputes
Disputes with us
1. If you have a dispute with us relating to the Service, in the first instance please contact us at hello@Farly.co and attempt to resolve the dispute with us informally.