Welcome to Enquiry Market™ sales lead distribution system (the "Site"). Any person who wishes to access the Site to bid for sales leads or to use the other services provided on the Site (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change.

PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Enquiry Market™, (hereinafter "EM" ) reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.

YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING EA'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to EM that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.

Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for conducting and participating in transactions on the Site, which are contained in the information pages and are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the information pages explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by EM in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the information pages to understand the current procedures and guidelines related to the Site.

EM is not an Auctioneer. Although EM may be referred to as an online auction web site, it is important to note that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow EM to sell and distribute Sales Leads at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an automated auction-style format that can be referred to as "online auctions" or "auctions."

EM's Role and Responsibilities. EM itself is the seller of the sales lead information offered in EM 'Direct Auctions'. EM undertakes responsibility for all aspects of the transaction and the sales-lead listing, including descriptions, identification of quantities, establishment of starting and maximum bid prices, establishment of reserve requirements (if any) and distribution.

EM Syndication Partners. EM Syndication Partners are third-party organisations who operate high traffic web-sites focussed in a particular industry space of interest to EM and it's customers. In this program,  EM is the seller of the sales-leads on behalf of the Syndication Partner. This ensure EM buyers the same level of quality, security and customer support as offered in EM 'Direct Auctions'. EM therefore list their Sales Leads directly and assume responsibility for all aspects of their listings including sales-lead descriptions, identification of quantities, establishment of starting and maximum bid prices and distribution.  EM handles all payment processing for purchases from Syndication Partners and EA's Customer Care department provides assistance for all issues to ensure a positive EM experience.

EM Franchise Partners. EM Franchise Partners are  third-party organisations who wish to sell Sales Leads on their own 'branded'  EM type web site. In this program, the EM Franchise Partner is the seller of the sales leads and licences a hosted white-labelled Enquiry Auction platform.  EM Franchise Partners source and list their Sales Leads directly and assume responsibility for all aspects of their operation including sales-lead descriptions, identification of quantities, quality control, qualification and setting reserve prices. EM retains control and responsibility for the operation of the Enquiry Auction platform and the branded EM web-site. 

EM Payments. EM currently accepts credit card/debit card payments for orders in all  'auctions'.  EM honours Visa, MasterCard, and Laser Cards. You warrant that any payment method selected by you when registering shall enable you to make full and immediate payment for sales leads purchased, if your bid becomes a winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, EM may in its sole and absolute discretion cancel your bid. In such case, EM may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At EM's sole discretion, but without any obligation, alternate payment methods may be arranged with the product purchaser(s) in the case where a payment method has been declined.

EM Reservation of Rights. EM retains the right to immediately halt any auction or sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, inaccurate listings, inappropriately categorised sales leads, auction inaccuracies, information inaccuracies, unlawful sales leads, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of EM, and to correct any inaccurate listing, auction inaccuracies, information  inaccuracies or technical problems on the Site.

Your Transactions and Obligations. In all EM 'auctions', we sell the sales leads to the highest bidder that meets or exceeds the minimum (reserve) price. For bidders, a bid election is a legal offer to buy the sales leads. Once a transaction closes the buyer is obligated to complete the transaction.

Each transaction in the EM 'auction' will have a reserve price  established. If you are the highest bidder (meeting the applicable minimum bid or reserve requirements)  you will have made a legal offer to buy the sales lead and you are obligated to complete the transaction. Bids are not retractable.

By entering into this Agreement and bidding on a sales lead, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

Password Security. Your password may be used only to access the Site, use the Services,  and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorised by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password as soon as possible.

Access and Interference. The EM Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary to EM. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Illegal Activity Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing sales leads. You may not register under a false name or use an invalid or unauthorised credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is considered illegal activity. Fraudulent conduct may be reported to law enforcement, and EM will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially increasing or otherwise manipulating the bidding process on enquirymarket.com or the bid price of any sales lead listed on the Site, or influencing user behaviour on enquirymarket.com.

Breach. Without limiting other remedies, EM may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if EM or any Syndication Partner or Franchise Partner is unable to verify or authenticate any information you provide to EM; or (c) if EM believes that your actions may cause legal liability for you, other EM users or EM.

Privacy, Monitoring and Disclosure. EM is committed to protecting your privacy. Click here http://www.enquirymarket.com/privacy.html for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. EM may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorised herein and unless otherwise authorised or consented, you agree not to use any information regarding other participants which is accessible from the Site for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.

Investigation. As permitted by applicable law and consistent with our privacy policy, EM has the right, but not the obligation, to monitor any activity and content associated with this Site. EM may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service including denying access to the Site. EM reserves the right and has absolute discretion, to remove, screen or edit any certified merchant content that violates these provisions or is otherwise objectionable.

Disclosure of Information. As permitted by applicable law, EM also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect EM's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of EM's business and systems or other purposes deemed reasonable by EM, EM may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. EM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION, CONTENT, OR SALES LEADS INCLUDED ON THE SITE WILL BE AS REPRESENTED, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT FRANCHISE PARTNERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EM DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM EM OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

General Release. BECAUSE EM IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND FRANCHISE PARTNERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE EM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) 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. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY EM.

Limitation of Liability. EA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY SALES LEADS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EM AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY LOCAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Applicable Law. The laws of the Republic of Ireland govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE CHARTERED INSTITUTE OF ARBITRATION (IRISH BRANCH). ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN DUBLIN, IRELAND AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR EM MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN DUBLIN, IRELAND, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR EM PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

Franchise Partner Disputes. Because EM is not the seller in the actual transaction between Franchise Partners and buyers and is not the agent of either for any purpose, EM does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction.

Licenses. EM grants a limited license to its customers and Syndication Partners to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of sales leads in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.

Termination. EM, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.

General Provision

Entire Agreement. This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the information pages, Privacy Policy and Legal Pages, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

No Agency; Third Party Beneficiary. EM is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of EM, its Syndication Partners and you.

Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver. EM's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of EM's right to subsequently enforce such provision or any other provisions of this Agreement.