Flimbos is an online classified ads and community application provided by Flimbos.com, subject to your compliance with the terms and conditions set forth below.
Please read this document carefully before accessing or using the application.
By accessing the site or using the application, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by the terms and conditions, you may not access or use the application. Flimbos may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Information about us
Flimbos is an application operated by BBR Broomfield Limited(“we”, “us” or “our”). Our service allows users to bid on and sell items.
Access to and Use of this Application and the Flimbos Service
- People under 13: Flimbos is not directed at children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, you may not register with or use Flimbos. Any person who registers with Flimbos represents to us that they are 13 years of age or older.
- People aged between 13 and 18: We recommend that young people aged 13 years of age or older ask their parents or legal guardians for permission before using Flimbos or sending any information about themselves to anyone over the Internet.
You understand that, except for information, products or services clearly identified as being supplied by Flimbos, Flimbos does not operate, control or endorse any information, products or services on the Internet in any way. Except for Flimbos-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Flimbos.
You agree that you will not (and you agree not to allow any third party to):
- copy, modify, translate, or reverse engineer any portion of the Flimbos service
- be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate;
- identify or speculate as to the identity of any anonymous or pseudonymous user;
- solicit passwords or personally identifying information for commercial or unlawful purposes;
- post any unsolicited or unauthorised advertising, promotional content, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of commercial publicity;
- post Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the application and/or the Flimbos Service or in or on any Content or other material obtained via the application and/or the Flimbos Service;
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Application and/or the Flimbos Service;
- access, retrieve or index any portion of the application and/or the Flimbos Service for purposes of constructing or populating any database;
- collect any information about other users or users of the application and/or the Flimbos Service (including User Identifiers) for any purpose other than to use the Website for the purposes of responding to advertisements or to use the Website in the manner intended by us;
- reformat or frame any portion of the web pages that are part of the application and/or the Flimbos Service;
- create user accounts by automated means or under false or fraudulent pretences or create multiple log ins;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the application and/or the Flimbos Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any Content offered on the application for other than your own use;
- use any device, software or routine that interferes with the proper working of the application and/or the Flimbos Service;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- violate any applicable law;
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
- distribute or promote surveys, spam, chain letter, or pyramid schemes;
- impersonate any person or entity; or upload, post, e-mail, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.remove any copyright, trade mark or other proprietary rights notices contained in or on the Applicationand/or the Flimbos Service or in or on any Content or other material obtained via the Application and/or the FlimbosService;
You are responsible for your account and its details
As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
You may not select or use a username that:
- Contains “Flimbos” or otherwise misrepresents your relationship with Flimbos or any other party;
- Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
- Violates any trademark or other proprietary right; or
- Misleadingly impersonates someone else.
Accounts and passwords
We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.
You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.
You may change your password or profile by following instructions on the site.
We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.
You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.
By providing Flimbos your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. This will include notifications about leaving feedback on completion of a deal as feedback left between people is an integral part of the site (This specific notification is not avaialble for opting out). We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Your interactions with other users
We have no obligation to verify the identity of any users when they are connected to the site or to monitor Material provided by them.
Because community standards vary and individuals sometimes choose not to comply with our policies and guidelines, in the process of using Flimbos, you may be exposed to content that you find offensive or objectionable. You can report such content to us using the Conatact Flimbos feature.
Your interactions with other users, including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.
As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
The content you post on Flimbos
When creating an advertisement on the Website you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes. Please refer to our Sellers house rules prior to posting any advertisement.
All advertisements must adhere to the “Code of Advertising Standards” as defined by The Advertising Standards Authority for Ireland in addition to the standards set out in this Agreement.
You own all of the Material you post on Flimbos and we do not claim ownership of that Material. However, we need your permission to be able to display that Material and in some cases to modify it for best display for different browsers, for our mobile site, and so on.
Consequently, by posting any Material on or through Flimbos you grant us a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Material.
You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licences to same.
You represent and warrant that: (i) you own the Material posted by you or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of the Material does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
In order to ensure that threads and conversations are not disrupted, we do not generally remove Material which is uploaded to us. Consequently, you agree that your Material displayed on Flimbos may continue to appear on Flimbos, even after you have terminated your user privileges or have had your user privileges terminated by Flimbos.
Please note that the content of the published ads is provided by external users, and do not represent any views or opinions of Flimbos, nor should they purport to do so.
Accordingly, we require that every care is taken by you or on your behalf in drafting the content of your advertisements in order to ensure that they are not in any way defamatory, illegal or in any other way harmful to a third party as you are solely responsible as author and publisher of your advertisement.
We reserve the right to remove any image or content that we judge inappropriate.
Closing your Flimbos account
Flimbos does not delete user accounts.
We will however close your user account on request. Is there anything we can do to help before you choose to close your account with us? If you need help with your account please contact us at firstname.lastname@example.org Closing your account means we will remove all your ads from the site, scramble your password, email address and phone number, remove any email subscriptions or notifications you may receive and turn off your Private Messages.
The details we keep:
- Feedback you left for others
- Comments you left for others
If your account is free of comments and transactions, we will remove all details within 7 days. If your account holds any incomplete transactions, we will review each transaction before we close your account. This can take up to 40 days.
We do not close any account that is blocked or banned.
To close your account, please email email@example.com from the email address you registered. Once your account is closed, we will send you a confirmation by email. You will not be able to reopen your account using the same username.
We may at our absolute discretion refuse you access to the site and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges.
BBR Broomfield (“we”, “us” or “our”) reserves the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any Content posted or submitted by you any time without notice to you.
We reserve the right to monitor and to review all Content submitted to us, accessed on or published on Flimbos at any time.
You understand and agree that we may review and delete any advertisements, blog postings or other Content that in our sole judgment breach this Agreement or which might be offensive, illegal or that might violate the rights of, harm, or threaten the safety of other users of our application or us.
Failure by you to comply with this Agreement may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our application and/or the Flimbos Service;
- immediate, temporary or permanent removal of any posting, material or Content uploaded by you to our Website;
- issue of a public (via the Application) or private warning to you;
- limit the amount of postings you may make;
- suspension, restriction or limitation of any rights or permissions associated with a User Identifier;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- other legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary
Without limiting the foregoing, the following will lead to a suspension of your privileges on Flimbos:
- requests by law enforcement or other government agencies
- unexpected technical issues or problems or
- extended periods of inactivity.
Feedback, suggestions and submissions about Flimbos
From time to time users contact us with feedback, suggestions and submissions about Flimbos and how to improve the site and services we offer. We welcome your input, and the following terms ensure that we can use your contributions to improve Flimbos.
You do not have to submit anything to us about Flimbos, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to us which may improve our products, services, or offerings shall become our property unless otherwise agreed by us.
By making a submission to us about Flimbos you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.
If you do not want to grant us the rights set out above, please do not make submissions to us about Flimbos
Who is Stripe
Stripe is an online payments company that processes millions of euro a day in transactions and growing all the time. Stripe has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available. Stripe is committed to and complies with all relevant Data protection and Privacy legislation within Ireland. Your data will be retained and maintained in accordance with these Data protection laws.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright BBR Broomfield, unless otherwise indicated. All rights reserved.
These do not include Materials which are the property of advertisers or users.
You acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to Flimbos (collectively “Intellectual Property”) are solely owned by us.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property without our written permission.
Your privacy is very important to us. Please read our Privacy Statement here to see how we collect, use and protect your personal information. We recommend that you read this before you use or register with Flimbos.
Rights and Responsibilities of Flimbos
- Liability and accuracy:
We do not make any warranty or representation as to the accuracy or completeness of the information contained on this site. Material posted on the Application is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Material by any user, or by anyone who may be informed of any of its contents.
We have no obligation to monitor or moderate any user’s activity or use of our Application and/or the Flimbos Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with this Agreement.
Although rigorous protocols are applied to the website we do not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.
Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
We may at our sole discretion for any reason (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Flimbos. (ii) remove and discard any posts or Material within any thread or anywhere on Flimbosor (iii) shut down a discussion, thread or forum that you are involved in, with or without notice, and with no liability of any kind to you.
- Availability of service:
We may at our sole discretion and at any time, discontinue temporarily or permanently providing Flimbos or any part thereof, with or without notice.
Flimbos may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.
Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to Flimbos. However you agree that we shall not be liable to you or any third party for any inability to access Flimbos, termination or suspension of access to Flimbos or modification of the service provided by Flimbos.
- Indemnity and waiver:
You acknowledge that your use of Flimbos including any material downloaded or otherwise obtained through Flimbos is at your own discretion and risk and you agree to waive any right to bring any claim or action against Flimbos or our successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from such use.
- Information Society Service Provider
You agree and acknowledge that BBR Broomfield Ltd is an information society service provider, as defined in Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations, 2003 (S.I. 68 of 2003), and that we are not under any obligation to monitor the information which we transmit or store. You agree and acknowledge that we shall not be liable in respect of information which is hosted or cached by us or in respect of which we act as a mere conduit.
No partnerships/joint ventures
The agreement shall be governed by Irish Law and you consent to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of Flimbos.
You can contact us in the following ways:
Using our contact page: