Terms & Conditions
The website under the name “Phinder” and its related services, products, tools and applications (“App”) is owned and operated by Phinder Ltd ("Phinder").
1. DEFINITIONS & INTERPRETATION
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) “Account” means a User’s online account to use our Services;
(b) “User” or “Service user” means any person who uses the Platform, and includes a Loser and Finder;
(c) “Services” means any services we provide to you, including the Platform;
(d) “our”, “us” and “we” means Phinder;
(e) “you” and “your” means a User, Loser or Finder (as the case may be).
(f) “Finder” means a person who finds an Item and lists it as “found” on the Platform;
(g) “Loser” means a person/user who loses an Item;
(h) “Item” means any item of any kind which a Loser registers as “lost” or a Finder registers as “found” on the Platform;
(i) “Applicable Laws” means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, the Item and any User you are interacting with are located or which in any way govern or affect the listing and/or sale of an Item or your use of the Services;
(j) "Intellectual Property" means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the Platform and any other platform developed by Phinder and the source code for those systems and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
(k) “Information” means any information, Content, documents, links or attachments;
(l) “Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(d) headings are for reference purposes only;
(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
(g) unless otherwise stated, a reference to a monetary amount is a reference to a Great British Pound currency amount; and
(h) an obligation of two or more parties binds them jointly and each of them severally.
2. YOUR ACCOUNT
2.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. Without limiting the foregoing, our Services are not available to persons under 18 years of age. If you do not qualify, please do not use our Services.
2.2 To access and use the Platform, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
3. USING PHINDER
3.1 The Platform provides an online lost property collection and delivery service between Finders and Losers.
3.2 You are solely responsible for your Information, and we act as a passive conduit for the distribution and publication of your Information.
3.3 As a condition of your use of this Platform, you warrant that you will not use this Platform for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms and Conditions.
3.4 You may not use this Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of this Platform.
3.5 Your use of the Platform and our Services, and your Information, must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law);
(e) be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
(f) be obscene;
(g) contain comments of a religious, political or social nature;
(h) contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this Platform;
(i) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
(j) damage the credibility or integrity of the Platform or Phinder, or dilute, tarnish, or otherwise harm our brand in any way;
(k) breach or violate any of our policies;
(l) link directly or indirectly to or include anything that:
(i) you do not have a right to link to or include, or Platform
(ii) could cause us to violate any Applicable Laws;
(m) copy, store or otherwise access or use any information contained on the Platform for purposes not expressly permitted by these Terms and Conditions;
(n) use the Platform for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Platform, or in a manner that falsely implies Phinder endorsement, partnership or otherwise misleads others as to your affiliation with Phinder;
(o) use our Platform in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
(p) "stalk" or harass any other User, or collect or store any personally identifiable information about any other User other than for the sole purpose of transacting through the Platform in compliance with these Terms and Conditions; or
(q) list any Item that you do not have or are not capable of, or authorised to, provide.
4.1 If you find an Item you must take all reasonable steps to find the original owner and comply with any Applicable Laws which relate to the finding and returning of lost property. These Applicable Laws may require you to, without limitation, deliver the lost Item to the police. You are solely responsible for ensuring that you comply with such Applicable Laws, and we accept no liability in this regard.
4.2 By reporting an Item on the Platform, you warrant that you have complied with any Applicable Laws.
4.3 After engaging with the Platform we may require you to first report it “found” to notify and encourage the rightful owner of the Item to come forward and claim their property within a certain period of time determined by us. We may require you to wait for this period of time to expire before you to decide to return the found item in the traditional methods (Police service).
4.4 Without limitation to any other terms contained herein, if you list an Item on the Platform, you represent and warrant that:
(a) you actually hold the Item and have the ability to return it to the Loser or Service user;
(b) all Information you have published in respect of the Item (whether published on the Platform or in a private message or discussion with another User) is true and correct in all respects, and you have not engaged in misleading or fraudulent conduct;
(c) you will disclose any damage caused to the item whilst in your possession in respect of the User that may or may not have recorded in the Item description on the Platform.
5.1 If you publish on the Website that you have “lost” an Item and/or claim a “found” Item as your property, you represent and warrant that:
(a) you have actually lost the Item;
(b) you are the rightful owner of the Item and can provide evidence to this effect.
6. DELIVERY & MEETINGS
6.1 In the event that you refrain from using our return process and chose to recover your lost item in the traditional methods (direct contact or police service) you are solely responsible for ensuring the safe delivery and receipt of that Item. Phinder has no involvement in, and accepts no responsibility for, the delivery or receipt of an Item.
6.2 For the avoidance of doubt, in the event you wish to meet with another User or member of the public outside of the Phinder service, we recommend that you arrange to meet them at a safe public location. Without limitation to any other clause in these Terms, we accept no responsibility should you suffer any loss, injury or have any other incident whilst delivering or receiving an Item.
7. FEES & PAYMENT
7.1 Phinder pays the Finder the full reward and takes no commission on any rewards offered or paid. In the event of the Finder not wanting to claim the pre-set reward, they have the option of passing the mandatory reward paid by the User/Finder to a charity of their choice. In the event of the finder not wanting to pass the reward on to a charity or has no interest in any of our incentives then the pre-set reward will be forwarded back to the User who must donate the pre-set reward to a nominated charity of their choosing.
7.2 Phinder runs a monthly prize draw whose participants includes only finders who successfully returned Phinder registered property. The prize for the draw consists of a percentage of our operating profits and/or merchandise. All incentives excluding the mandatory pre-set reward and free membership are dispensed at Phinder’s discretion upon a successful return.
7.3 Phinder reserves the right, in its sole discretion, to charge Users a fee, and to modify or terminate any fees, services, or charges on the Platform at any time and without prior notice. If we charge a fee for any Service, the fee payable by you for that Service is the then current fee stated on the Platform at the time the Service is purchased. The time for payment of a fee will be as stated on the Platform from time to time.
7.4 You authorise Phinder, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address and payment or payout methods (e.g. credit card, debit card, PayPal, or direct deposit).
7.5 Unless otherwise stated on the Platform, fees payable by you are exclusive of any goods and services tax, value added tax or any other tax and such taxes must be paid by you to us at the same time as payment of our fees.
7.6 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees to us at the same time as paying our fees.
7.7 Please note that we may impose or deduct foreign currency processing costs on or from any payments or payouts made in currencies other than Great British Pounds.
8.1 You acknowledge and agree that you will not approach another User directly after becoming aware of such User following use of the Platform. You agree that you will contact such User only through the Platform. You are strictly prohibited from directly or indirectly attempting to circumvent payment of our fees in any way.
9. ACCESS & TERMINATION
9.1 We reserve the right, in our sole discretion, to terminate your access to this Platform or any part of Phinder’s service at any time, without notice.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Our Intellectual Property is protected by copyright and other proprietary rights and remains the property of Phinder at all times.
10.2 Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Platform on each mobile device or computer that you own or control and run such copy of the Platform solely for your own personal use.
10.3 You agree that:
(a) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Platform) any Phinder Intellectual Property except with the prior written permission of Phinder or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Platform;
(b) Phinder owns all Intellectual Property of the Platform and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(c) if you add any Information to the Platform of any nature whatsoever that Information is personally attributable to you and you warrant that you have the right to distribute that Information;
(d) you acknowledge that when you provide us with Information, we may receive additional related data, such as the time, date and place you provided the Information;
(e) Phinder is not liable or responsible for any Loss that you may experience in submitting Information to Phinder or for Phinder's use of your Information in accordance with the licence granted.
10.4 Phinder may in its sole and absolute discretion refuse or remove any Information from the Platform.
11.1 You acknowledge and agree that your use of this Platform is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on this Platform for any purpose, to the maximum extent permitted by applicable law, anything contained on this Platform is without warranty of any kind.
11.2 Phinder does not take any steps to confirm the identity of Finders or Losers. Because User authentication on the internet is difficult, particularly in cases of fraudulent or misleading conduct, Phinder cannot and does not confirm nor warrant or guarantee as to each User’s purported identity, licences or location.
11.3 You acknowledge and agree that no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any Applicable Laws.
11.4 You acknowledge and agree that Phinder is not engaged in the listing of Items and is not a party to any transaction arising or entered into between Users and finders when contacting each other outside of the Phinder platform/process. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
(a) any Items;
(b) any Information provided by Users to each other;
(c) the ability of Users to undertake their respective obligations;
(d) the fees charged by Users; or
11.5 Because of the foregoing, in the event that you have a dispute with one or more Users, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and Losses 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.
11.6 This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of this Platform.
12. LIMITATION OF LIABILITY
12.1 We disclaim liability to you or any other person or entity for any Loss howsoever arising as a result of your use of this Platform in any way, subject to the requirements of any Applicable Laws.
12.2 You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.
12.3 We will not be liable to you or any other person or entity for any Loss whatsoever arising as a result of your use of our Services.
12.4 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
12.5 This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.
13.1 You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any Policy of the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.
14.1 We take all reasonable steps, however we do not guarantee the security of the Platform, our records, or your Information. We disclaim all liability for any computer virus or technological problems that are beyond our control.
14.2 Continuous accessibility to the Platform is dependent upon third party services and as a result, the Platform may be inaccessible from time to time.
15.1 If you are in the business of providing similar Services then you are a competitor of Phinder. Competitors are not permitted to use or access the Platform. If you breach this provision, we will hold you fully responsible for any Loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
16.1 Accessing information from the Platform is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
16.2 These Terms and Conditions are governed by the laws of the United Kingdom, and the parties submit to the jurisdiction of the Courts of the United Kingdom and relevant federal/Commonwealth courts competent to hear appears from them.
16.3 These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
16.4 If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable shall be unaffected by the severance.
16.5 You agree that these Terms and Conditions and all incorporated agreements may be assigned by Phinder in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining Phinder’s prior written consent.
16.6 Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach of a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of Phinder.
16.7 You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
16.8 These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
16.9 Nothing in these Terms and Conditions or your use of the Platform establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Phinder and Users.