USER TERMS AND CONDITIONS (as of June 2008)|
THIS WEBSITE IS DIRECTED AT AND ONLY MEANT TO BE USED BY YOU FOR THE PURPOSE OF ACCESSING AND USING THE ONLINE SERVICES PROVIDED.
THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEBSITE AND BY ACCESSING THIS WEBSITE AND USING THE ONLINE SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. THE ONLINE SERVICES ARE CURRENTLY ONLY AVAILABLE TO UNITED KINGDOM RESIDENTS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE THIS WEBSITE AND THE ONLINE SERVICES PROVIDED.
1 Definitions of Words and Expressions
In these Terms and Conditions unless inconsistent with the context or otherwise specified the following definitions will apply to words and expressions:
"Affiliates" means itsmycarboot.com and their and our third party licensors;
"BUYER" means anyone, not associated with itsmycarboot.com, buying or accepting to buy an item from a SELLER via this Website;
"SELLER" means anyone, not associated with itsmycarboot.com, advertising and/or selling items via this Website;
"Services" means the content, features and functionality provided via this Website to facilitate the contact between BUYERS and SELLERS;
"Terms and Conditions" means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website whether by hypertext link or otherwise;
"Transaction" means any transaction effected through the Services including but not limited to the contract of purchase and sale between BUYER and SELLER;
"Website" means the itsmycarboot.com website located at http://www.itsmycarboot.com or any subsequent URL used by us from time to time;
"We"/"Us" means itsmycarboot.com and its parent company JAKE Enterprises Limited, whose registered office is at 42 Sand Road, Sand Bay, North Somerset, BS22 9UJ, UK;
"You" means the person accessing and using this Website and/or the legal entity you represent during the course of employment or engagement by that entity.
2 Online Service
2.1 This Website acts as an online venue to allow SELLERS to advertise and sell private property or other property they legally entitled to sell.
2.2 By accessing or using the Services You agree to be legally bound by these Terms and Conditions. By clicking and acknowledging that you agree to these Terms and Conditions on the Website You certify that You accept these Terms and Conditions.
2.3 We reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the Website.
The date of the Terms and Conditions are stated at the top of the Terms and Conditions. The Terms and Conditions current at the start of a Transaction will apply until that Transaction is completed. Your continued use of the Services after any amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of such amendments.
2.4 We reserve the right to modify or withdraw this Website (or any part) at any time without notice.
3 Participation in the Online Service
3.1 You can browse the Website at any time without registering. To use the Services, You are required to register as a member by completing the online "User Registration Form" on the Website and submitting it to Us by clicking on the "Register" link. You should only register if You qualify for membership. Registration and use of the facility to buy or sell items via the Website is free.
3.2 The Services are only available to individuals who are:
(a) aged 18 years and over (and by registering and accepting these Terms and Conditions You represent to Us and itsmycarboot.com that You are not a minor and can form legally binding contracts under applicable law); and
(b) resident in the United Kingdom (and by registering and accepting these Terms and Conditions You represent to Us that You are resident in the United Kingdom).
3.3 If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms and Conditions. Without prejudice to your warranty, We reserve the right to ask You for written authority from the business entity before registering any business entity.
3.4 You agree to ensure that your registration details are up to date and accurate and to update any details when necessary using the "Account settings" link on the Website.
3.5 You warrant and undertake to Us that all the information supplied to Us on the User Registration Form is true and accurate.
3.6 We reserve the right in our sole discretion to refuse any application to register and access the Services and to temporarily or indefinitely suspend any registered members.
4 User Name and Passwords
4.1 You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.
4.2 You are responsible for use of the Services when access to the Services is obtained through the use of your user name and password whether authorised or unauthorised.
4.3 You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Services.
4.4 If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the Services, then You must notify Us immediately.
4.5 You agree and warrant that You will implement and comply with the above procedures.
4.6 We reserve the right to withdraw user names and passwords at any time without notice and in our sole discretion including but not limited to where We have reason to believe that such user name and password have been discovered and/or used by any person or organisation other than You.
5 General rules governing buying from SELLERS
5.1 You can only use the Services if You are registered. You agree to comply with any instructions or notifications posted on the Website from time to time in relation to use of the Services.
5.2 All sale will be conducted in pounds sterling ("GB£"). You are responsible for ensuring that You have sufficient funds to cover the cost of Your buy and make payment in accordance with the applicable payment method.
5.3 Any bid that you make via this Website constitutes a legal offer to buy the item from the relevant SELLER. You may not retract a bid except for limited circumstances allowed under applicable law, for example, where the item does not materially comply with the description provided in relation to it on the Website.
5.4 By bidding for an item you agree to be bound by any conditions of sale included in the item's description on the Website.
5.5 If you bid for an item via the Website, and the SELLER has confirmed acceptance of your bid, You have entered into a legally binding contract to buy the item from that SELLER.
5.6 itsmycarboot.com have full discretion to refuse to accept your bid or withdraw any lot for whatever reason at any time.
5.7 itsmycarboot.com reserve the right to cancel or stop a sale at any time.
5.8 Once you decide to buy an item you will be contacted by the relevant SELLER to confirm acceptance of your bid and the amount of the successful bid and details of the relevant items, payment method details and details for You to arrange for collection of the items from the SELLER.
5.9 If for whatever reason the SELLER is unable to contact You within 48 hours of your acceptance to buy and/or there is a problem with your payment of any items, then the SELLER will be entitled in their discretion to offer the items for sale again on our site.
5.10 You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
6.1 Payment for items can only be made by using the payment methods offered by the SELLER.
6.2 Details of the accepted payment methods will be provided to You by the relevant SELLER.
7 Collection of Goods
7.1 Details relating to collection of items will be sent to You upon acknowledgement of your successful buy. Where SELLER has stated postage costs, items will be send to your registered address.
7.2 BUYER will at own expense collect any item purchased from the relevant SELLER where SELLER has stated that items are for collection only.
8 itsmycarboot.com's role
8.1 We have no involvement in any Transaction between BUYER and SELLER. Our role is one of a facilitator to provide contact between SELLER and interested BUYER. We are not a direct or indirect party to the contract of purchase and sale between BUYER and SELLER. We are not an auctioneer.
8.2 We do not post the items advertised to auction on this Website. You acknowledge that We:
(a) are not the owner of the items being sold;
(b) do not have authority to act for and are not an agent for any SELLER;
(c) will only get involved with any dispute between BUYER and SELLER to the extent set out in our dispute resolution procedure;
(d) do not screen, monitor or assess the description, quality, safety or legality of items advertised;
(e) are not responsible in any way if any items displayed and subsequently sold via this Website prove unsatisfactory.
8.3 We are not responsible for ensuring that BUYER and SELLER complete a Transaction.
9.1 Other than as may be required under law, unless explicitly stated by SELLER, BUYER is not entitled to return purchased items.
9.2 BUYER is responsible for inspecting any items at the time of collection or receipt to ensure that they match the items described on the Website.
9.3 In limited circumstances, where BUYER is legally entitled to return an item, it must be returned direct to the relevant SELLER within 14 days of collection. Refunds will be processed and issued after the item that is entitled to be returned has been received by the relevant SELLER in its original or delivered state.
9.4 In the event of a dispute about an item, BUYER and the SELLER agree to follow the dispute resolution procedure set out in clause 15 below.
9.5 BUYER acknowledge that there is no other right to return or cancel items that have been purchased and that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to these Services.
10 Availability of the Website
10.1 You acknowledge that due to the nature of the Internet, We cannot guarantee that access to the Website will uninterrupted or that e-mails or other electronic transmissions will be sent to You or received by Us or that the content of such transmissions will be secure during transmission.
11 Intellectual Property Rights
11.1 You are granted a limited licence to access and use this Website solely for the purposes of use connected with the Services.
All contents of this Website including, but not limited to, the text, graphics, links and sounds may not be copied, downloaded, distributed or published in any way without prior written consent, except that You may print, copy, download or temporarily store extracts for your personal information or when You use the Services.
11.2 You are not permitted to use any trademarks or service marks whether registered or unregistered of itsmycarboot.com without prior written consent. You may not frame or utilise framing techniques that include any proprietary information such as images, text or page layout without prior written consent. You may not use any "metatags" or any other type of hidden text that uses any trade marks or service marks without prior written consent.
11.3 The "itsmycarboot.com" logo may be used by You royalty free with our written consent for related purposes, provided that such usage does not alter or bring the logo into disrepute or is otherwise in our sole discretion detrimental to itsmycarboot.com or the Services and an accreditation is shown to "itsmycarboot.com".
11.4 You agree not to copy, modify, download (other than page caching), store or sell any part of this Website without our prior written consent.
11.5 Any information provided by this Website may not be disclosed, reproduced, copied or sold for any commercial purpose other than for obtaining the Services via this Website.
11.6 In relation to any information, materials or other content that You submit to Us via this Website, You grant Us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and reproduce such information, ideas, know-how, concepts, techniques and materials for any purpose, including without limitation, the copying, transmission, distribution and publication unless restricted by applicable law. You represent and warrant that You own or otherwise control all of the intellectual property rights and information, materials or other content that You submit or post via this Website.
12 Data Protection
12.1 You agree that any and all personal information and data collected from You via this Website was part of the Services from time to time and may be used in accordance with our current Data Protection and Privacy Statement.
13 LIMITATION OF LIABILITY
13.1 NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY, DISHONESTY, FRAUDULENT MISPREPRESENTATION, STATUTORY RIGHTS OF CONSUMERS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT OR OTHERWISE TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13.2 SUBJECT TO CLAUSE 13.1 ABOVE:
(a) WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT itsmycarboot.com PROVIDE ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND EXPRESS OR IMPLIED REGARDING THE CONTENTS OR AVAILABILITY OF THE WEBSITE OR SERVICES.
(b) USE OF THE WEBSITE AND ITS RELATED SERVICES ARE AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE OR SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICES AND THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.
(d) ANY SOFTWARE DOWNLOADED FROM THIS WEBSITE OR AS PART OF THE SERVICES IS AT YOUR OWN RISK AND WE DO NOT ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THIS WEBSITE. WHILST WE WILL DO OUR BEST TO ENSURE THAT THE WEBSITE IS FREE FROM SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS.
(e) ANY HYPERLINKS TO THIRD PARTY SITES PROVIDED VIA THIS WEBSITE EXIST FOR INFORMATION PURPOSES AND YOUR CONVENIENCE ONLY AND WE DO NOT ENDORSE THE CONTENT OF SUCH SITES. WE ARE UNABLE TO ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE CONTENT OF SUCH SITES.
14 User Indemnity
14.1 You agree to fully indemnify, defend and hold Us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) We incur arising directly or indirectly as a result of your breach of these Terms and Conditions, including without limitation any claim against Us by a BUYER or SELLER that you have not honoured your commitments in respect of a Transaction.
15 Dispute Resolution Procedure
15.1 In the event of any dispute with Us, a BUYER or a SELLER arising in relation to these Terms and Conditions you agree to follow the following dispute resolution procedure:
(a) You will notify Us of the nature of the dispute as soon as possible at the address set out at clause 16 below;
(b) if any dispute is not resolved with 30 days from the date on which a notice setting out the nature of the dispute is received by Us, either You or Us may request a meeting within 14 days with the relevant parties who have the power to resolve the dispute.
(c) if any dispute is not resolved within 14 days following the meeting referred to in sub-clause (b) above, any party may then take such steps as it feels are necessary to resolve the dispute.
16.1 Except as otherwise stated, any notices that you wish to send to Us should be e-mailed to us using the 'Contact Us' menu item on the front page. Any notices that We may wish to draw to your attention will be displayed on the Website.
16.2 Notices will be deemed received upon confirmation of complete receipt being given by Us;
17 Termination of the Service
17.1 We reserve the right in our sole discretion to:
(a) discontinue any offer and exclude You from using the Service where You are in breach of any of these Terms and Conditions;
(b) suspend or discontinue the Service at any time.
18 Third Party Rights
18.1 These Terms and Conditions do not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999) except:
(a) an Affiliate shall have the right to enforce any rights or benefits in these Terms and Conditions;
(b) an Affiliate shall have the right to enforce the rights or benefits of any indemnity, limitation and/or exclusion of liability in these Terms and Conditions;
(c) a person who is the permitted successor or assignee under clause 19.2 below of the rights or benefits of these Terms and Conditions may enforce such rights or benefits.
18.2 No consent from the persons referred to in this clause 18 is required to vary or rescind these Terms and Conditions (whether or not in a way that varies or extinguishes rights or benefits in favour of such third parties).
19 General Information
19.1 You may not use any part of the Website on any other website or link to the Website without our prior written consent, except that You may link to this Website provided that you do not misrepresent your involvement with this Website and that You do nothing in our opinion that may bring the Website into disrepute or in our sole discretion is detrimental to the Services.
19.2 We reserve the right to transfer, assign or sub-contract all or any of our rights and duties and responsibilities set out in these Terms and Conditions to another party.
19.3 Headings have been included for convenience only and will not be used in construing any provision of these Terms and Conditions.
19.4 No delay or failure by Us to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.
19.5 If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
19.6 To the extent permitted by applicable law, these Terms and Conditions will be construed in accordance with and governed by the laws of England & Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England & Wales.
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