pool.farm is a website operated by pool.farm AB (“we”/”us”).
pool.farm provides a service that facilitates collaborative orders of goods or services through the creation and administration of collaborative purchasing lists amongst its users (“Service”).
In these terms and conditions, a collaborative purchasing list is called a “Pool”. The user who starts a Pool, and administrates the Pool, is called the “Pool Administrator”. The users of the Pool, including the Pool Administrator, are called the “Pool Members”. The goods and services ordered through the Pool are called Pooled Goods and Pooled 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
Personal data is collected when you register into a Pool, whether you are invited to join the Pool by a Pool Member or join the Pool on your own request. Personal data include any data which indicates the identity of the person to whom it relates, or which can be used to identify that person. Currently, the Service may collect data such as email, name, physical address, post code, town in country, age and, in some instances, we may also collect data regarding your geographical location.
The organisation responsible for collecting the data (Swedish personuppgiftsansvarig) is pool.farm AB, Swedish corp id 559065-4892.
When registering into a Pool, you will be required to provide your email address and, depending on the Pool Adminstrator, other personal data, some of which is compulsory if you want to use the Pool in question. You consent to the following use of your personal data
· Your personal data will only be used to operate the Service as intended, and for the following purposes.
· We will not allow your personal data to be used in third party’s unsolicited marketing campaigns, save for communication from providers of Pooled Goods and Pooled Services in Pools that you have joined.
· We will not otherwise transfer your personal to any third party, except contractors who help us operate the Service and for that purpose only.
· We reserve the right to send you information about the Service and our (pool.farm’s) activities and co-operations.
· The Pool Administrator will come in possession of your personal data, to use it within the scope of the Service. Your email address may also be accessible to other Pool Members. You acknowledge and accept that Pool Members, as a result, will remain in possession of your personal data, with no liability or control on our part as to how the Pool Members are going to use it. When registering into a Pool, please pay attention to which information the Pool Administrator requires [and which information he/she expects you to share with others], so you are aware of, and comfortable with, the use of your personal data within the Pool.
· Depending on how the Pool is organised, the provider of Pooled Goods or Pooled Services may also come in possession of your personal data, and use it both for the Pool and after the Pool has expired. We cannot be responsible for that, as we do not intervene in the Pool’s organisation. Please contact the provider if you are in doubt or want to oppose his use of your data. In Sweden like in other countries, the provider may not use your personal data without your consent.
You have the right to request a record showing which information is registered for you and can do so by contacting us firstname.lastname@example.org. On your request, we will also correct information which is inaccurate, incomplete or misleading.
Rules for the Service
This clause specifically regulates the Pool Members’ use of the Service.
1 Confirmation of acceptance
When you register into a Pool 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 Pool Rules Are Set by the Pool Administrator
A Pool is started by a Pool Administrator. Other users can access the Pool and become Pool Members through invitation of other Pool Members or upon request to the Pool Administrator. It is the Pool Administrator who shall decide which rules govern the composition of and the transactions in the Pool, including:
· In the Pool Administrator’s discretion, the accession to the Pool of other Pool Members, and the exclusion of any Pool Member.
· The rules that will govern the pooling transaction, such as price, payment, delivery methods, pick-up time, applicable restrictions, etc.
· Reasonable measures deemed appropriate by the Pool Administrator, for example changing the quantity of Pooled Goods or Services of a Pool Member in case of shortage, or rounding the individual quantities to make total quantity match a logistical selling unit.
· Whether the Pool shall remain confidential or be readable on pool.farm’s public pages.
By joining the Pool, you agree that you will follow the conditions set out by the Pool Administrator, which conditions, together with these Rules of Service, constitute a binding agreement between you and the other Pool Members. The other Pool Members may invoke this clause to enforce their rights.
3 Use the Service for its Purpose
Please do not use the Service for purposes that go beyond pooling, like communication with no link to the Pooled Goods or Services, collecting of others’ data, organisation of forums, etc.
If you are a commercial provider, you shall use the Service for specific Pooled Goods or Services, and not as a means to market your business as a whole.
When a Pool has filled its purpose and all Pooled Goods or Services have been collected/used by the Pool Members, you are required to close the pool and, if available, supply succinct feedback about the pool. We reserve the right to erase or block access to Pools which are no longer active.
4 Different Rules if You Run a Business or Not
You do not act on the provider’s behalf and that you do not participate in the pooling as a line of business.
Where the Pool Administrator is not a business and/or does not provide the Pooled 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 Pool Administrator and other Pool Members, as they are not professional traders. To the extent that you have a claim against the provider of Pooled 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 Pool Administrator. We shall have no duty or liability in that regard.
You may start a Pool if you considered are a professional trader (Swedish näringsidkare) and you may create Pools where your offerings become Pooled 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 Pool 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 Pool Administrator’s duty to control applicable law and inform the Pool Members of the relevant restrictions using the intended box.
Thus, the Pool 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 Pooled Goods unless its sale is authorised under the Alcohol Act (Alkohollagen 2010:1622). This means that you, as a Pool Administrator, shall ensure that the alcohol is acquired through proper channels, and that you shall deny Pool Membership to any person younger than 20 years.
The above examples are in no way exhaustive. If you are, or intend to be, a Pool Administrator, please check the law carefully. If you have any doubt in that respect, we recommend that you do not start a Pool.
6 Respecful 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 Pool Members or any third party.
All information shall be accurate and not misleading. It shall focus on a description of the Pooled Goods and Pooled Services and shall not market the provider or its business at large.
You may provide a link to the provider if you have the necessary rights to do so and if the link is relevant for the Pooled Goods and Pooled 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 Pool in other Platforms
You as Pool Member may publish features of a Pool in platforms available through the Service, currently Google+, Twitter and Facebook, provided you only use the functionalities of the Service when doing so, and that you do not disclose other Pool 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 pooling 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 Pool 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 on line or otherwise, any material from this website, or to exploit material on this website for commercial purposes.
Content from Pool Members
As a Pool 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.
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 Pool Member is correct, or that a Pool Member performs delivery, pick-up and/or payment 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 Pool Members. We do require Pool Members to follow the Rules of the Service, but shall not be held responsible in respect of information published by a Pool Member, nor for the performance, or lack of performance of a Pool 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.
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).