TERMS & CONDITIONS

INTRODUCTION

PopSto.re (“PopStore”) is a website operated by pool.farm AB (“we”/”us”).

PopStore provides a service that facilitates the creation of web order forms (“Service”).

• In these terms and conditions, a web order form is called a “PopStore”.
• The user who starts and administers the PopStore is called the “PopStore Administrator”.
• The users of the PopStore, including the PopStore Administrator, are called the “PopStore Members”.
• The goods and services ordered through the PopStore are called “PopStore Goods and Services”.

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS

These terms and conditions regulate your use of this website and the Service. By using this website, you agree to these terms and conditions, which constitute a binding agreement between you and us.

We may revise these terms and conditions from time-to-time. A revision of terms and conditions will start to apply when published on this website.

Please check this page regularly to ensure that you are up to date with the current version of the terms and conditions.

PERSONAL DATA, COOKIES, ETC

RULES FOR THE SERVICE

This clause specifically regulates the PopStore Members’ use of the Service.

1 CONFIRMATION OF ACCEPTANCE

When you register into a PopStore and use the Service, these Terms and Conditions apply.

You may use the Service if you are at least 18 years old or if you do it with the consent of your parent or guardian. In other countries than Sweden, the age limit shall be the age of legal capacity in your country of residence.

If you act for a company or any other organisation (in Swedish juridisk person), you guarantee us that you are the official representative of the company, or have the necessary powers to do so.

Any transaction made from your email address or using your id will be binding for you. Make sure you protect your email and id from unauthorized access.

2 POPSTORE RULES ARE SET BY THE POPSTORE ADMINISTRATOR

A PopStore is started by a PopStore Administrator. Other users can access the PopStore and become PopStore Members through invitation of other PopStore Members or upon request to the PopStore Administrator. It is the PopStore Administrator (NOT PopStore) who shall decide which rules govern the composition of and the transactions related to the PopStore.

3 USE THE SERVICE FOR ITS PURPOSE

Please do not use the Service for purposes that go beyond collecting orders, like communication with no link to the order process, collecting of others’ data, organisation of forums, etc.

If you are a commercial provider, you shall use the Service for specific PopStore Goods or Services, and not as a means to market your business as a whole.

When a PopStore has filled its purpose of collecting orders, you are required to close the PopStore. We reserve the right to erase or block access to PopStores which are no longer active.

4 DIFFERENT RULES IF YOU RUN A BUSINESS OR NOT

Where the PopStore Administrator is not a business and/or does not provide the PopStore Goods or Services in his/her line of business, you are aware and accept that consumer protective legislation does not apply in relation to the PopStore Administrator and other PopStore Members, as they are not professional traders. To the extent that you have a claim against the provider of PopStore Goods or Services, or otherwise intend to exercise your consumer rights, such as a right of withdrawal (Sw. ångerrätt) you shall address the issue with the PopStore Administrator. We shall have no duty or liability in that regard.

You may start a PopStore if you are considered a professional trader (Swedish näringsidkare) and you may create PopStores where your offerings become PopStore Goods or Services. In such case, you shall provide the information requested by, and carefully comply with, consumer protective legislation. This includes, but is not limited to, laws related to the sale of goods or services to consumers (in Sweden, Konsumentköplagen and Konsumenttjänstlagen) e-commerce regulations (in Sweden E-handelslagen), laws and ethics of marketing (in Sweden, Marknadsföringslagen), and laws on distance contracts (in Sweden, Distansavtalslagen). If you violate these rules, we reserve the right to interrupt or deny access to the Service, and you shall hold pool.farm AB harmless against any claim, costs or liability caused by your violation(s).

5 THE TRADE OF CERTAIN THINGS CAN BE RESTRICTED

As a PopStore Member, you participate in a trade and some trades are restricted. You can therefore be subject to legislation that regulates the trade of any good or service in your home country and other countries involved. You shall comply with such legislation. It is the PopStore Administrator’s duty to control applicable law and inform the PopStore Members of the relevant restrictions using the intended box.

Thus, the PopStore Members may not promote or participate in the trade of prohibited or regulated goods and services such as, but not limited to, weapons, counterfeited goods or narcotics.

As another example, if you are domiciled in Sweden, you may not propose alcohol as PopStore Goods unless its sale is authorised under the Alcohol Act (Alkohollagen 2010:1622). This means that you, as a PopStore Administrator, shall ensure that the alcohol is acquired through proper channels, and that you shall deny PopStore Membership to any person younger than 20 years.

The above examples are in no way exhaustive. If you are, or intend to be, a PopStore Administrator, please check the law carefully. If you have any doubt in that respect, we recommend that you do not start a PopStore.

6 RESPECTFUL AND ACCURATE CONTENTS

You may not publish information or content which in any way is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. When using our communication tools, you may not act disrespectfully to the PopStore Members or any third party.

All information shall be accurate and not misleading. It shall focus on a description of the PopStore Goods and Services and shall not market the provider or its business at large.

You may provide information if you have the necessary rights to do so and if the information is relevant for the PopStore Goods or Services.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website.

7 PUBLICATION OF AND LINK TO THE POPSTORE IN OTHER PLATFORMS

You as a PopStore Member may publish features of a PopStore in other platforms provided you only use the functionalities of the Service when doing so, and that you do not disclose other PopStore Members identity. You may not try to link to or embed in another platform without our authorization.

8 POOL.FARM’S MONITORING

We reserve the right to review all published material and to remove any content which violates the law or these terms and conditions. In case of uncertainty, we may require your reasonable assistance in conducting such review. We may deny you continued access to the Service if you fail to provide assistance.

9 POOL.FARM’S RIGHT TO MODIFY THE SERVICE

We intend to update and improve the website regularly and you accept that we, from time to time, may modify the Service, its features and functions. Should we deem that such modification can adversely affect ongoing activities, we undertake to notify 48 hours prior to modification.

YOUR RIGHT TO USE THE WEBSITE AND THE SERVICE (LICENSE)

Intellectual property rights in the website and its contents belong to us and third-party licensors, including PopStore Members who license their contents to us. All these intellectual property rights are reserved.

You may view and print pages from the website for your own private use, and you may access the Service if you follow the above “Rules of the Service”. You may not use this website for any other purpose. In particular, and unless authorised by the above Service Rules, you are not allowed to republish, spread or display in public, whether online or otherwise, any material from this website, or to exploit material on this website for commercial purposes.

CONTENT FROM POPSTORE MEMBERS

As a PopStore Member, you can publish/edit material on the website. As such material is needed to make the Service work, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such content on any existing or future media. You also grant us the right to bring an action for infringement and, if relevant for the Service, the right to sub-license these rights to contractors or other users.

Your content must not be illegal or unlawful or infringe any third party’s legal rights, for example publishing a photo without the consent of the photographer. We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.

NO WARRANTIES

We make no representations or warranties in relation to this website, the Service or the information and materials provided on this website.

As an example, we do not warrant that the website or the Service will be constantly available or accessible at any given moment.

Nor do we warrant that information published by a PopStore Member is correct, or that a PopStore Member uses the service as intended.

LIMITATIONS OF LIABILITY / INDEMNITY

We will not be liable to you in relation to the contents of, or use of, this website or the Service for any loss of any kind.

In particular, you acknowledge that we are not a party to the transactions performed through the Service and that such transactions are agreements between the sole PopStore Members. We do require PopStore Members to follow the Rules of the Service, but shall not be held responsible in respect of information published by a PopStore Member, nor for the performance, or lack of performance of a PopStore Member.

You agree that the above limitations also apply in relation to our officers, employees and contractors.

You hereby indemnify us and undertake to keep us, our employees, officers and subcontractors indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

If you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including disabling your user ID and password, suspending your access to the website or the Service, and/or bringing court proceedings against you. If we deem appropriate having regard to the breach, such measures can be taken without prior notice or explanation.

ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

LAW AND JURISDICTION

Your legal relationship with pool.farm AB shall be governed by and construed in accordance with Swedish law.

Further, if you are domiciled outside Sweden, or if your use of the Service involves other countries, you are required to comply with the applicable law in the countries concerned.

Any disputes relating to these terms and conditions will be subject to the jurisdiction of the District Court of Stockholm (Stockholms tingsrätt).