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El mercat verd pro-drets humans

El mercat verd pro-drets humans

Inici / Ajuda / Termes i condicions

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Termes i condicions




PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY FAIRCHANGESOR SIMPLY FCH. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.FAIRCHANGES.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY FAIRCHANGES ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions, criteria and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help Section of the Site.

In brief: These are our terms:

1. FairChanges is a Venue

FairChanges acts as a venue. FairChanges is not directly involved in the transaction between buyers and sellers. And although FairChanges makes a first filter of each initiative in order to achieve an homogeneity in the sustainable proposals, FairChanges has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

Consequently, FairChanges does not transfer legal ownership of items from the seller to the buyer.

FairChanges cannot guarantee the true identity, age, and nationality of a user. FairChanges encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that FairChanges is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on FairChanges. You use the FairChanges service at your own risk.

In brief: FairChanges is a venue and doesn’t interfere in the transactions between buyers and sellers.

2. Membership Eligibility

Age. FairChanges’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. FairChanges may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use FairChanges’ services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by FairChanges’ policies as stated in the Agreement and the FairChanges policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by FairChanges, each of which is incorporated herein by reference and each of which may be updated by FairChanges from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by FairChanges from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify FairChanges of any unauthorized use of your password or any breach of security. You also agree that FairChanges cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than FairChanges without FairChanges’ express written permission.

Account Information. You must keep your account information up-to-date and accurate at all times, including valid email address, phone number, billing address and payment information.

Criteria and Certifications. All your statements about the FairChanges criteria on your items (handmade, fairtrade, recycled…) must be true. Certifications must be authentic, original and have the valid official seal obtained from the official certificators.

Account Transfer. You may not transfer or sell your FairChanges account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service. FairChanges’ services are not available to temporarily or indefinitely suspended FairChanges members. FairChanges reserves the right, in FairChanges’ sole discretion, to cancel unconfirmed or inactive accounts. FairChanges reserves the right to refuse service to anyone, for any reason, at any time.

In brief: FCH can only be used by individuals who are 18 years and older. You must keep your password secure. The account information, criteria and certifications must be accurate and valid. A FCH account cannot be transferred to another party.

3. Fees and Services

Discovering FairChanges. Registering is free. It allows viewing offers from sustainable brands and receiving news about green pro human rights initiatives. FairChanges doesn’t buy, nor sell nor ship any item from others. FairChanges provides the internet venue (design, development and diffussion) for possible future transactions between users. Possible customs charges -not included in the price or transportation- will be responsibility of the buyer.

Advertising on FairChanges. FairChanges allows advertising sustainable, fair and ethical products on the internet. Users that want to advertise must be freelancers or entrepreneurs that observe all regulations and taxations in force and must have all permissions to advertise the brands.

Fees are detailed in the Fees Policy. Such Policy, which is subject to change, shall survive to this Agreement. Changes to the Fees Policy and the fees for FairChanges’ services are effective after FairChanges provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, FairChanges may choose to temporarily change the Fees Policy and the fees for FairChanges’ services for promotional events; such changes are effective when FairChanges posts the temporary promotional event on the Site. FairChanges may, at FairChanges’ sole discretion, change some or all of FairChanges’ services at any time. In the event FairChanges introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in euros (€).

Prior to the debit of receipts, FairChanges will ask you to sign a SEPA Direct Debit Mandate that will be kept, together with accepted payment information, on file. You are responsible for paying all fees and applicable taxes associated with using FairChanges.

If you have a question or wish to dispute a charge, you can contact FairChanges.

Fees and Termination: If FairChanges terminates a listing or your account, if you close your account, or if the payment of your FairChanges fees cannot be completed for any reason, you remain obligated to pay FairChanges for all unpaid fees plus any penalties, if applicable. Cancellation in the contractual relationship by the user will not mean refund of the fee.

In brief: Fees can be found in the Fees Policy.

4. Listing

Listings. By listing an item on the Site you warrant that you and all aspects of the item comply with FairChanges’ published policies and criteria. You also warrant that you may legally sell the item. Your listings may only include text descriptions, graphics, pictures and other content relevant to that item. All items must be listed in an appropriate category with appropriate tags.

All items and services listed by the users must be environmentally friendly items (minimizing the impact), must promote human rights (free from discrimination, forms of slavery and/or child labor), and be listed by the brand itself. Users must act in good faith and follow these Policies.

Certifications. The certifications must be true, original and have the valid official seal obtained from the official certificators. The user must always act in good faith, and must not refer certifications to listed items that have not been certificated in the official way.

Brand Policies. Brands must outline reasonable policies, in good faith, and complying with FairChanges’s site-wide policies and criteria, and with law. FairChanges reserves the right to request brands to modify their policies.

Binding Sale. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Subscription to the FairChanges’ newsletter. Users can decide whether to receive or not communications about news, promotions, etc. by subscribing or unsubscribing within the newsletter itself.

In brief: Items must accurately meet their listings. Certifications must be original and must be in effect for the item. Users must set their shop policies complying with FairChanges’s site-wide policies, and with law. Sales are binding. Users must act in good faith. Users can opt in to receive the newsletter and unsubscribe at any time.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to FairChanges and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on FairChanges.

Restricted Activities. Your Content and your use of FairChanges shall not:

  • 1. Be false, inaccurate or misleading

  • 2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

  • 3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, FairChanges Copyright and IP Policy)

  • 4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  • 5. Contain items that have been identified by the law as hazardous to consumers and therefore subject to a recall

  • 6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including FairChanges staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

  • 7. Be obscene or contain child pornography

  • 8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

  • 9. Host images not part of a listing

  • 10. Modify, adapt or hack FairChanges or modify another website so as to falsely imply that it is associated with FairChanges

  • 11. Appear to create liability for FairChanges or cause FairChanges to lose (in whole or in part) the services of FairChanges’ ISPs or other suppliers

  • 12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on FairChanges

  • 13. Use false information regarding seals (ecologic, fairtrade, etc.). Furthermore, you may not list any item on FairChanges (or consummate any transaction that was initiated using FairChanges’ service) that, by paying to FairChanges the corresponding fees, could cause FairChanges to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

In brief: You must act in good faith, according to the law and cause no harm.

6. Content

License. FairChanges does not claim ownership rights in your Content. You grant FairChanges and its collaborators a license solely to enable FairChanges to use any information or Content you supply FairChanges with, so that FairChanges is not violating any rights you might have in that Content. You grant FairChanges and its collaborators a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow FairChanges and its collaborators to store or re-format your Content on FairChanges and display your Content on FairChanges in any way as FairChanges chooses. FairChanges will only use personal information in accordance with FairChanges‘ Privacy Policy. In case of being shortlisted, FairChanges may include on its website an image of the shortlisted brand and display it on other media.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another FairChanges user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for FairChanges-related communications. FairChanges has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any FairChanges user to your email or physical mail list. For more information, see FairChanges’ Privacy Policy.

Image of the brand. FairChanges will prepare and upload an image of the brand according to the aesthetics of FairChanges. The graphic will not have text or logos, and it will be chosen according to aesthetic and logical criteria at discretion of FairChanges. Exceptionally, FairChanges could receive information about the brand’s preferences.

Images in listings. The images of the listings will be uploaded by the brand itself. They must have plain and clean background, with natural light, without flash, and not out of focus. Images that do not have the minimum quality will not be admitted in the Site in order to maintain high standards of graphic quality for the benefit of all initiatives and their positive visibility. They could be excluded from the Selection of items for the same reason.

Re-Posting Content. By posting Content on FairChanges, it is possible for an outside website or a third party to re-post that Content. You agree to hold FairChanges harmless for any dispute concerning this use. If you choose to display your own FairChanges-hosted image on another website, the image must provide a link back to its listing page on FairChanges.

Idea Submissions. FairChanges considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and FairChanges shall not be liable for the disclosure or use of such Material. If, at FairChanges’ request, any member sends Material to improve the site (for example through the Forums or to customer support), FairChanges will also consider that Material to be non-confidential and non-proprietary and FairChanges will not be liable for use or disclosure of the Material. Any communication by you to FairChanges is subject to this Agreement. You hereby grant and agree to grant FairChanges, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

In brief: The intellectual property is of the content owner, although FairChanges has a license of use. If you choose to display your image on FCH on another website, you must link back to FCH.

7. Information Control

FairChanges does not control the Content provided by users that is made available on FairChanges. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using FairChanges, you agree to accept such risks and that FairChanges (and FairChanges’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on FairChanges. Please use caution, common sense, and practice safe buying and selling when using FairChanges.

Other Resources. FairChanges is not responsible for the availability of outside websites or resources linked to or referenced on the Site. FairChanges does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that FairChanges shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

In brief: FairChanges has no control over the universe. Use common sense and caution.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with FairChanges’ policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. FairChanges is not involved with user generated groups, the groups’ requirements, or the Meetings.

FairChanges does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that FairChanges does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees. Some user-generated groups on FairChanges may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. FAIRCHANGES IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO FAIRCHANGES; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY FAIRCHANGES, AND FAIRCHANGES HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT FAIRCHANGES IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, FAIRCHANGES USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

In brief: FairChanges is alien to events or user groups fees unless stated otherwise. Use common sense.

9. Resolution of Disputes and Release

In the event a dispute arises between you and FairChanges, please contact FairChanges.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Burgos, Spain, using the Spanish language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Spanish Courts or located in Burgos, Spain. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and FairChanges agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release FairChanges (and FairChanges’ 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 and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. FairChanges encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

FairChanges, for the benefit of users, may try to help users resolve disputes. FairChanges does so in FairChanges’ sole discretion, and FairChanges has no obligation to resolve disputes between users or between users and outside parties. To the extent that FairChanges attempts to resolve a dispute, FairChanges will do so in good faith based solely on FairChanges’ policies. FairChanges will not make judgments regarding legal issues or claims.

In brief: Any dispute with FCH will be resolved in the courts of Burgos, Spain. In case of conflict between users FairChanges encourages to report them to the local law enforcement.

10. FairChanges’ Intellectual Property

FairChanges, and other FairChanges graphics, logos, designs, page headers, button icons, scripts, and service names are property of FairChanges and may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

In brief: FCH and all its corporate identity belongs to FairChanges and may not be used, partly or totally to cause confusion.

11. Access and Interference

FairChanges may contain robot exclusion headers which contain internal rules for software usage. Much of the information on FairChanges is updated on a real-time basis and is proprietary or is licensed to FairChanges by FairChanges’ users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access FairChanges for any purpose whatsoever, or otherwise without FairChanges’ prior express written permission. Additionally, you agree that you will not:

  • 1. Take any action that imposes, or may impose, in FairChanges’ sole discretion, an unreasonable or disproportionately large load on FairChanges’ infrastructure.

  • 2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses or otherwise without the prior express written permission of FairChanges and the appropriate third party, as applicable.

  • 3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

  • 4. Bypass FairChanges’ robot exclusion headers or other measures FairChanges may use to prevent or restrict access to FairChanges.

In brief: Please don’t interfere with the proper working on the Site.

12. Breach

Without limiting any other remedies, FairChanges may, without notice, and without refunding any fees, delay or immediately remove Content, warn FairChanges’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

FairChanges suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; FairChanges is unable to verify or authenticate any of your personal information or Content; or FairChanges believes that a user is acting inconsistently with the letter or spirit of FairChanges’s policies, has engaged in improper or fraudulent activity in connection with FairChanges or the actions may cause legal liability or financial loss to FairChanges’ users or to FairChanges.

In brief: FairChanges reserves the right to provide service to certain that violate the Agreements.

13. Privacy

Except as provided in FairChanges Privacy Policy, FairChanges will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. FairChanges stores and processes Content on computers located in Spain that are protected by physical as well as technological security.

In brief: FairChanges protects your data and doesn’t disclose it to third parties.

14. No Warranty

FAIRCHANGES, FAIRCHANGES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND FAIRCHANGES’S SUPPLIERS PROVIDE FAIRCHANGES’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FAIRCHANGES, FAIRCHANGES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND FAIRCHANGES’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FAIRCHANGES SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

In brief: FairChanges provides services as is.

15. Liability Limit

IN NO EVENT SHALL FAIRCHANGES, AND (AS APPLICABLE) FAIRCHANGES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR FAIRCHANGES’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FAIRCHANGES’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

FAIRCHANGES’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FAIRCHANGES’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FAIRCHANGES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In brief: FairChanges shall not be liable for the users’ actions.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD FAIRCHANGES AND (AS APPLICABLE) FAIRCHANGES’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

In brief: FairChanges shall not be liable if the users violate the Agreements.

17. No Guarantee

FairChanges does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside FairChanges’ control.

In brief: FairChanges cannot guarantee uninterrupted service.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any FairChanges service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on FairChanges’ net income).

In brief: Users shall be responsible for any taxes relative to the transactions and shall comply with the laws.

19. Severability and No agency

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

You and FairChanges are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

In brief: FairChanges and you are independent.

20. FairChanges Service

FairChanges reserves the right to modify or terminate the FairChanges service for any reason, without notice, at any time. FairChanges reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If FairChanges makes a material change FairChanges will notify you here, by email, by means of a notice on our home page, or other places FairChanges deems appropriate. What constitutes a “material change” will be determined at FairChanges’ sole discretion, in good faith, and using common sense and reasonable judgment.

In brief: FairChanges may modify the Policies at any time.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of Burgos, excluding its conflicts of laws rules, and Spain.

In brief: The Spanish laws shall are applicable.

22. Survival, Notices and Disclosures

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (FairChanges’ Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability and No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement. The Fees Policy available in the Site shall survive Sections 3 (Fees and Services, Fees and Termination).

In event of differences between this English version, and the Spanish version available on the Site, the Spanish one shall survive.

The services hereunder are offered by FairChanges, Plaza Mayor 5, 09195 Villariezo (Burgos), Spain.

Except as explicitly stated otherwise, any notices shall be given by email to info@fairchanges.com (in the case of FairChanges) or, in your case, to the email address you provide to FairChanges (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, FairChanges may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to FairChanges. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in FairChanges Copyright and IP Policy.

In brief: Contact FairChanges at info@fairchanges.com.

Updated: July 19th, 2016.
FairChanges reserves the right to alter these policies at any time.





Avís legal


In compliance with the provisions of Law 34/2002, of July 11, of the Information Society Services and Electronic Commerce, the FairChanges.com website is owned by REASONABLE PLANET, SL (hereinafter, FAIRCHANGES), registered in the trade register of Burgos, Volume 664, Page 58, Entry 1, Page BU-14956 with address for notifications in Plaza Mayor 5, 09195 Villariezo (Burgos), Spain, VAT number ESB09544826, and email info@fairchanges.com.




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