Introduction

By using this Website or publishing a Listing you agree to be bound by these Terms and Conditions. If you do not agree to the Terms and Conditions you must not use the Website or advertise any Services or provide any Quotes.

Your content

You may publish a Listing on the Website relating to your business and the equipment you offer a Customer. You may remove any Listings from the Website at any time, without any charge. Your Listing must not display or link to any third-party advertising or Third Party Site. You must provide the content for your Listing in the manner and format that we specify to ensure we are able to properly display your Listing on the Website. You agree not to include fraudulent or misleading information, obscene content or harmful or unlawful statements against other parties within any form of written or visual information you may include in your Listing, photograph/logos or business details listed on our Website. You agree to only upload or post written content, photos and logos relevant to your business. You must not upload or post copyrighted information without prior expressed permission by the copyright owner. You agree that we will not be held liable regarding any written material and or logo/photograph copyright that you upload to your Listing or our Website. You are responsible for keeping backups of all of your content and you acknowledge that it is not our responsibility to provide a backup for your content.

Our obligations

We have the right to refuse approval of any application that we deem not satisfying our criteria and standards in being a professional business to provide quality services to our users. If we find any evidence against or are not confident in any businesses ability to deliver professional and quality standards in their services, we will not approve the business. We monitor and check each Listing on the Website to ensure it is a genuine business listing and reserve the right to remove any Listings which we deem, in our absolute discretion, to be offensive, illegal or fraudulent Listings or businesses. We will edit any business/ equipment description, service summary and equipment title to ensure no errors, discriminating or offensive material is promoted. We also will add wording if we deem appropriate to ensure all listings are maintaining a professional standard and for users to understand what is being offered. We do not guarantee a particular or consistent position or ranking for your Listing. In certain circumstances we may ask you for further information for approving your application, if you fail to respond in the time frame, we give you, your application will be terminated. We reserve the right to remove your business and all its related ads and content off the MEPON website without warning should your business be deemed not fit for our website.

Limitation of Liability

To the maximum extent permitted by law our liability for a breach of our promises is limited at our option, to either resupplying the Listing on the Website, free of charge, or paying you the cost of having the Listing resupplied. We use due care and skill in administering the Website, but neither us or our Related Companies promise or guarantee that your Listing published on the Website at any particular time will be free from errors or omissions. We also cannot guarantee that the Listing will be available continuously or on an uninterrupted basis. We and our Related Companies will not be liable for any loss, damage, claim or demand incurred or made by any person arising out of or in connection with a Listing. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights you may have under applicable Law.

Intellectual Property

You grant us and our Related Companies a perpetual royalty free licence to use, reproduce, modify, adapt, and communicate to the public and sub-license the content that you give us or in your Listings, for the purpose of maintaining our Website. You acknowledge that we own all intellectual property rights in and to the Website and its content (other than content that you own) and any other content, data, reports and other materials produced under these Terms and Conditions or in connection with the Website. If we give any of these to you, we give you a licence to use it for internal business purposes only and you must not use, reproduce or do anything else with it, without our prior express written consent.

Your guarantee and Services

You guarantee and promise to us and our Related Companies: –

• You will lawfully provide the Equipment to Customers as represented and advertised in your Listings and do so in a professional manner.
• You own the equipment and you hold all appropriate licences and qualifications to offer the equipment for sales, leasing or rental.
• You own all of the intellectual property rights in any content in your Listing, or you have obtained the consent from the owner of that intellectual property.
• Nothing in your Listing contravenes any laws or infringes any rights of third parties or is inappropriate, defamatory, obscene or otherwise unsuitable, misleading or deceptive or promotes violence or criminal activity.
• The content in your Listing is free from worms, viruses or other disabling devices.

You agree to indemnify us and our Related Companies against all claims, damages, costs, penalties, and liabilities of any nature caused directly or indirectly by your breach of the above guarantees and promises but not to the extent that our loss is caused by our wrongful act or breach of these Terms and Conditions.

Ratings and Reviews

Customer generated contents such as reviews and ratings will be included on the Website relating to your Equipment. All reviews will first be reviewed by us before being published and any offensive, discriminatory or illegal reviews will not be published on the Website. You acknowledge that we will manage ratings and reviews on the Website however neither we nor our Related Companies are responsible for, or under no obligation to remove reviews on your Listing. You have the right to complain to us regarding any Customer reviews and we will investigate that review to ensure it is legitimate and in accordance with the Terms and Conditions. Any offensive, discriminatory or illegal reviews will be removed from the Website.

Paid Advertising Opportunities

We offer paid advertising opportunities, including but not limited to: Top ranking listings and feature on certain MEPON web pages. From time to time we may include or provide other advertising offers on the website and we may offer you the opportunity to advertise your business/equipment on our Website. Upon request we will provide you with our current advertising price structure, which is charged on a monthly or annual basis, paid in advance, with discounts applicable for 3, 6- or 12-month commitments.

Payment of Paid Advertising:

• For monthly/month to month paid advertising, we will send you the invoice for payment on the first day of each calendar month for the total number of paid advertisements for the preceding calendar month. You agree to pay the Fees/invoice for the preceding calendar month within fourteen (14) days of us issuing the invoice.
• For 3, 6 or 12 month paid advertising contracts an invoice for a lump sum payment will be sent to you upon agreeing to a paid advertising contract with us. You agree to pay the lump sum fee within fourteen (14) days of us issuing the invoice. If you do not pay an invoice by the due date we may charge you interest on the unpaid amount, any dishonour fees and reasonable debt collection and legal costs that we incur. If you do not pay an invoice by the due date we reserve the right to remove all of your advertisements from the Website until such time as you pay all outstanding invoices.
• We accept payment by Card, Direct deposit or as otherwise specified from time to time. Unless stated otherwise all Fees do not include any VAT. Where we make a taxable supply to you and the consideration for that supply does not expressly include VAT, you must also pay us an amount equal to the VAT payable by us. We will provide you with a tax invoice if VAT is payable. You must pay the VAT when you are liable to provide the consideration.

Termination

You may remove any of your Listings from the Website at any time, without a fee being charged. We may remove your Listings from the Website if:-

• You receive two (2) consecutive zero star ratings or two (2) negative reviews from Customers; or
• If a regulatory body or law enforcement agency directs us to do so.
• We make changes to our criteria that we feel your listing does not meet these new requirements.
• Any offensive public displays or comments made (all medias, including social media) by you or your business that is deemed inappropriate by us.
• You do not pay an advertising invoice by the due date for payment.

Changes to Terms and Conditions

Because we continuously change and develop the Website, we may change the directory, pages or other content on the Website which applies to your Listing as well as the Fees that we charge for Referral Emails and Referral Calls. We will provide you with 30 days’ notice if we propose to make changes to these Terms and Conditions. If within that 30-day period you contact us and demonstrate that the change has an effect on you, you may remove all Listings from the Website and cease using the Website.

Privacy & Confidentiality

You consent to the collection, use and disclosure of Personal information on the terms set out in our Privacy Policy, contained on our website. Your content must not include any mechanism that enable the collection of Personal Information. You must comply with the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 when using the Website.

General

These Terms and Conditions are governed by and construed in accordance with Applicable Law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Applicable Courts. If any provisions of these Terms and Conditions are held to be illegal or unenforceable such provision shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect.

Definitions

1. ‘Applicable Law’ means local laws that apply.
2. ‘Customer’ means any person who uses the Website for obtaining a Quote or otherwise engaging with you for equipment hire of any nature.
3. ‘Fees’ means the prices we charge you for the use of our Website as set out in these Terms and Conditions or as amended from time to time.
4. ‘Listing’ means your advertisement on the Website for the Equipment provided by your business.
5. ‘Personal Information’ has the same meaning as in the Data Protection Act 2018.
6. ‘Referral Email’ means a booking email we send to you on behalf of a Customer to engage you for Equipment hire;
7. ‘Referral Call’ means a telephone call we make on behalf of a Customer to engage you for Equipment Hire.
8. ‘Related Companies’ means Related Body Corporate as defined in the Companies Act 2006.
9. ‘Equipment’ means any equipment provided by you and/or your business.
10. ‘Equipment Hire Agreement’ means any agreement between you and a Customer, whether written, oral or a combination or both, for the provision of Equipment.
11. ‘Terms and Conditions’ means this Contract which governs our supply of the Website to you.
12. ‘Third Party Site’ means a website, mobile site or application not maintained or controlled by us or our Related Companies. ‘us’, ‘we’ and ‘our’ means Emmanuel Okoroafor as owner of MEPON Ltd
13. ‘Your Website’ means any website that we identify as being owned or controlled by you or used in connection with your business. ‘you’, ‘your’ means the customer entering into this Contract with us.
14. ‘Website’ means Meponequipment.com and all of the pages, content and sub-domains.