Terms and Conditions for use of this Website

www.wishnfish.com is a free (i.e. there are no membership or usage fees) community website for anyone wishing to advertise items to lend/hire, buy/sell, give away for free or any services and/or to search and respond to any adverts posted. The Wishnfish websites are property of and run by Wishnfish LLP;

By using this website, no matter whether as a "visitor" or a registered member, you agree to be bound by these Terms and Conditions (this "Agreement"). This Agreement/Contract sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by us from time to time, such modifications to be effective upon posting on the live site.

Definitions

• "User" means any person who browses the Web Site;
• "We, Us, Our, Me, My" refers to the owner of the website(s) as described above.
• "Web Site" means Our web site at URL www.wishnfish.com

The following words have the listed meaning unless the context requires otherwise:

• "Liability" means the Liability for any and all actions, awards, costs, claims, damages, expenses, proceedings or any other losses and/or liabilities;
• "Member" means any person that registered to become a user on this website by completing the registration form.
• "Advert" means the webpage containing your advertised item information composed and Posted by You;
• "Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Web Site, Post information on the Web Site and/or be contacted by other Members through the Web Site and to contact them in return;
• "Post" means distribute, display, exhibit, transmit, publish and/or disclose information, details and/or other material on the Service;
• "You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us. This Agreement includes the Acceptable Use Policy for Content Posted on the Website, its Privacy Policy and any notices regarding the Website.

Use of this Service

The service is for anyone who wishes to advertise items to lend/hire, buy/sell, give away for free or any services and/or to search and respond to any adverts posted. The Web Site is merely a forum for Members to Post information about an item and to receive contact from other Members for the reasons described above. You should be aware that information Posted by other Members are only a description of how they view their items/services and You should not assume that the information contained in any advert is necessarily accurate. We do not have the opportunity to check that the descriptions are correct and not misleading. We do not make any representation or warranty that the information contained in any advert is accurate and We are not under any obligation to verify information contained in any advert. Before acting on information contained in any advert or on any information received by You through Your use of the Service, You should at Your own cost and expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such information. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take such precautions as You deem necessary to ensure Your own safety. If you provide your telephone number, email address or location to any other Member, this happens at your own risk. Unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. You must keep your login information secret and not give away to other people. Do not write down your login information or passwords so that other people might gain access to your account or send messages with your username. You must not harass or advocate harassment of another person. you must not promote any illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; You must not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; You are solely responsible for your interactions with other Members on this website. We reserve the right, but have no obligation, to monitor disputes between you and other Members. You must not post false, inaccurate, misleading, defamatory, or libelous content (including personal information) or take any action that may undermine the feedback or ratings systems.

Your Adverts

You acknowledge that other Users will be able to view Your Adverts, if you decided that Your Advert is visible ('Live' status). However, it might happen that despite your options, Your Advert might accidentally be visible. We may copy and/or reproduce any information Posted by You on the Web Site in any form and in any manner We wish. If You Post and/or disclose to other Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk. We reserve the right to take legal action against you, if you should place information on your Advert that is against our terms and conditions, immoral, illegal, adult/pornographic or if other Members feel insulted by the details posted. We reserve the right to review Your Adverts from time to time and to amend and/or delete them if We, in Our sole discretion, think that they should be amended and/or deleted.

Your Email Address

You agree to provide a valid email address and you need to make sure you are able to receive messages from the website, e.g. in case you lost your password or should we need to contact you. If you change your email address you are required to do so on the website or you will not receive enquiry notifications from the website.

Guarantee

The Service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your expectations, purpose or requirements. We do not warrant that any of the information and/or material provided in the Service is accurate. We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service.

Liability

We shall not be liable for any loss or damage incurred to users of this site, to owners of web sites linking to this site or to that which are linked to from this website. We are using reasonable care and skill in compiling the content on this site but make no warranty as to content accuracy or completeness and accept no liability for any errors or omissions. We shall not be liable for information Members have posted or pictures uploaded by Members. However, we will remove those which cause offense as soon as we are aware of it. You agree to inform us of such adverts/Members. Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer. Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law. We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of flood, fire, war, terrorism, labour disputes, strikes, any kind of god, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. We endeavour to have this site available 24 hours per day. It may, due to technical reasons, be necessary to suspend access to this site without notice at any time. We accept no liability for any consequences of this site being unavailable, slow or broken at any time.

Indemnity

Any user of this site agrees to indemnify the owner of the website for all damages and cost including reasonable legal costs arising from the users breach of these terms and conditions. You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and/or other material posted on the Service by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory due by You.

Termination of Your membership

In order to delete your membership and to end this contract, you need to contact Wishnfish.com through the Contact WNF page of the Website and request deletion of your account. We reserve the right to remove your account at any time, if you breach our terms and conditions or for any other reason, even if there is no apparent reason. Your Advert and messages might be deleted by accident or technical failure. User accounts may be deleted because of inconsistent information, the uploaded pictures or due to other indications that the account might be created in order to perform illegal activities.

Intellectual Property

All Intellectual Property Rights in the Service shall be owned by Us. You warrant and represent to Us that the information Posted with Your account is Posted by You and that You are the sole author of Your Adverts. You assign to Us with full title guarantee all copyright in Your Adverts. You waive absolutely any and all moral right to be identified as author of Your Adverts and any similar rights in any jurisdiction. You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law. We will use Our reasonable commercial endeavours to keep Your personal details such as e-mail address, phone number or any other non-public private data confidential unless You have specified this to be provided to complete transactions and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.

General

This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to Members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of the any such third party. No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. This Agreement is governed by and interpreted in accordance with the British law and the parties agree to submit to the non-exclusive jurisdiction of the British courts.