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 Terms
& Conditions |
Website Terms and Conditions
Please read these terms carefully before you use our website.
These terms apply to you as a User of this website. You will also be subject to the privacy policy and any additional posted guidelines, policies or rules applicable to specific services of the Website, which may change from time to time.
By using the website, you acknowledge that you have read and you agree to be bound by these terms. If you choose not to agree with these terms, please do not use the website.
Any User who takes our membership represents to us that he is 18 years of age or older. You also represent that you are fully able and competent to enter into terms, conditions, obligations, representations and warranties set forth in these terms.
We are: UK Buy and Sell (hereinafter referred as “Company” / “we” / “us” / “our”), our address is:
UK Buy and Sell
T/A Purple Puppy Gifts
International House
221 Bow Road
Bow
London
E3 2SJ
You are: a User / Member of the Website (hereinafter referred as “You” / “Your” / “User”), may have incorporated or unincorporated entity.
Your use of this website is subject to the following terms:
1. Definitions
“Member(s)” means the User who has registered with the website and has an account with us.
“Membership Fee” means the fee payable by a Member as per the Membership Plan chosen by them.
“Membership Plan(s)” means the various paid plan(s) available for the Members as described on the Membership Plan Page.
“Membership Plan Page” means the webpage
“Service(s)” means different sort of services available for the Members of the website.
“Posting” means all the information posted by the Members in regards to, but not limited to, the goods under their account.
“Listing/Advertisment” means a paid listing or advertisment placed by a Member on the website for sale-purchase or swap of an item listed by such Member.
“Website” means www.ukbuyandsell.com.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. All the Posting submitted by the Members is made publicly available on several pages within the website and may also be used on additional websites belonging to the Company. We reserve the right to edit details, change page layouts and delete entries at any time. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of the Posting.
2. Alteration to these terms and the website content
2.1. We reserve the right to:
2.1.1. change these terms or any part of them;
2.1.2. change the Membership Plans or any terms related to them;
2.1.3. change the appearance and design of the website, including removing or discontinuing any content; or
2.1.4. impose or change fees, charges or other conditions for use of the Services or parts thereof.
2.2. It is your responsibility to review the terms of the website on regular basis to observe any changes. The changed terms will be deemed to be automatically accepted by you from the time of their posting on the website and your continuous use of the website will amount to acceptance of these changed terms.
2.3. We also reserve the right to edit, copy, publish, distribute, translate and otherwise use your posted information in any medium and for any purpose subject to our privacy policy. We reserve the right to add advertisement and our logo to the Posting.
3. Acceptable use policy.
You hereby agree not to do any of the following on the website:
3.1. Use the website for any unlawful purpose or any purpose that is prohibited by the terms.
3.2. Publish, post, distribute or disseminate any material which:
3.2.1. is indecent, obscene, unlawful or that may cause annoyance anxiety inconvenience to another;
3.2.2. is false, inaccurate or misleading;
3.2.3. may amount to a legal nuisance or constitutes harassment;
3.2.4. contravenes any copyright trademark or other intellectual property right.
3.3. Abuse, defame, harass, stalk, threaten or otherwise violate or infringe the rights of any person or entity (including but not limited to any rights of confidentiality intellectual property or privacy).
3.4. Be involved in any fraudulent activity.
3.5. Be involved in the advertisement, movement or sale of counterfeit or stolen goods.
3.6. Upload any data that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents or assignments thereto.
3.7. Upload or transmit through the website material that you do not have a right to make available under any law contractual or fiduciary relationship.
3.8. Be in breach of any applicable laws or regulations (including but not limited to laws governing anti-discrimination, consumer protection, data protection, export control, false advertising and unfair competition).
3.9. Include descriptions of goods that are identical to other goods you have advertised for sale or exchange but are priced lower than the goods in question.
3.10. List any goods on the Website that could cause us to violate any applicable law from time to time.
3.11. Use the website to collect or store personal data.
3.12. Upload or transmit through the website any computer viruses (including but not limited to macro viruses, trojan horses and worms) corrupted files malicious content or anything else designed to interfere with interrupt or disrupt the normal operating procedures of a computer or technologically damage our systems, the website or its Users.
3.13. Use the website (or any part thereof) in a way that may cause the website or any of our interests to be damaged, interrupted, rendered, less efficient or such that the effectiveness or functionality of the website or our interests are in any way impaired.
3.14. Impersonate any person or entity.
3.15. Attempt any unauthorised access to any part or component of the website.
3.16. Download any file posted by another user that you know or reasonably ought to have known cannot be legally distributed in such a manner.
3.17. Use the website’s name to advertise, endorse or promote any product opinion or cause. Representation of your personal opinions, as institutionally endorsed by us, is strictly prohibited.
4. Member Accounts
4.1. The website offers different types of paid Membership Plans described in detail here in the Membership Plan Page.
4.2. The privileges and general terms of acceptance of each Membership Plan is explained along with the information about the Membership Plans at the membership Plan Page. It is clarified that any terms mentioned at the Membership Plan Page are in addition to these terms and not in exclusion of these.
5. Payment for Listings/Advertisements
5.1. The Member shall be liable to pay the Membership Fee according to the Membership Plan chosen by him as described on the Membership Plan Page.
5.2. No Advertisement shall be displayed on the website unless the payment has been made before a request to display the Advertisment is made.
5.3. The payment is on monthly basis. However no amount is refundable or adjustable against future Listings or Advertisments in case an item gets sold or swapped earlier than a month.
5.4. The period of one month shall be counted from the date the Advertisement is first displayed and shall culminate after 30 days from such date or on the date of sale-purchase or swap of such item, whichever is earlier.
6. Members obligations
6.1. In order to avail the Services of the website you are required to create an account with a specific username and password. All passwords are to be treated as confidential. You are solely responsible for all actions taken under that username and password assume all liability in this regard.
6.2. While registering yourself as the Member on the website you agree to provide correct and updated information.
6.3. We may at our sole discretion change some or all of our Services at any time. In the event that we introduce a new Service we reserve the right to charge a fee for that Service. The fees will be effective and become payable at the launch of the Service. Unless otherwise stated all fees are payable in GB Pounds sterling. Whether you are a business or not value added tax (VAT) and other taxes may apply to your transaction as appropriate from time to time. The Sellers will be responsible for paying all fees associated with using respective Services and the website and all applicable taxes.
6.4. You may at any time not hold two or more user accounts on this Website. Any attempt to do so including but not limited to falsifying user details to meet this end shall be deemed as a misuse of the Website and your account shall be immediately terminated.
6.5. You shall be responsible for maintaining the confidentiality of your user name and password. You must use your best endeavours to maintain the security and integrity of your password information and should not disclose it or permit it to be used by any other person. You must notify us immediately if there is an unauthorised disclosure of your username and password.
6.6. You will be solely responsible for all risks and obligations for the Postings on your account. You should inform us immediately if you believe some body has accessed your account without your authority or login to your account and has changed your password.
6.7. You will not use the Services in a manner, which violates any national or international law or regulation, or which fails to comply with internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorised access to any other computer system.
7. Postings
7.1. It is the sole responsibility of the Members to ensure that they are legally entitled to sell or swap any goods that they have posted. No assumption as to the legality for sale-purchase or swap of the goods should be made merely because it is posted on the Website.
7.2. Any Member that posts the goods on the Website must ensure that they are legally entitled to sell or swap those goods and also that it is lawful to sell or swap such goods. If any consent is necessary to sell or swap the item those consents are acquired prior to the Listing on the Website.
7.3. The Member must clearly state the conditions of sale-purchase or swap on their posting of the goods and they must provide an accurate description of the goods. We do not guarantee the accuracy of any information provided in the description of any Member's Postings. The Members must ensure that they have all the consents necessary to place the Posting and they are responsible for ensuring that no third party's intellectual property rights are infringed by the Postings.
7.4. If there is any fraudulent or criminal activity surrounding the Posting then without prejudice to any other remedy we reserve the right to remove the Posting and terminate that Member’s membership.
7.5. We reserve the right to remove any of the Postings/Listings which we think contravene or may contravene the terms.
7.6. We do not accept any obligation to protect you from unsafe Postings on the Website and you should not assume that merely because something is posted on the Website it is safe to use. We do not guarantee the safety quality, condition or ownership of the items posted on the Website.
7.7. Notwithstanding the above we reserve the right to remove any Postings or Listings at our sole discretion and without notice.
8. Transactions
8.1. It is the responsibility of the Users to ensure that any transaction they are involved in is fair. We take no responsibility for the Postings on the Website nor the transactions entered into and will not provide compensation to any member who suffers a loss as a result of a transaction. The choice between buying selling swapping or exchanging goods is at the users' sole discretion.
8.2. Once a transaction has been agreed between the users it is the responsibility of each user to ensure that the goods that are the subject of the transaction are promptly sent to the receiving member. By entering into any transaction the recipient user agrees to provide their postal address or PO Box address. We take no responsibility for any misuse of this information.
8.3. You have a legal obligation to complete a transaction once an offer to buy or swap or a combination of the two has been accepted by the other member. The buyer must be legally capable of entering into such a transaction in order for the transaction to be completed. When offering to buy, swap or a combination of the two, Users agree to be bound by the conditions of sale displayed in the Posting.
8.4. In order to effect a transaction you will have access to other members' personal information. You agree that you will use that information responsibly and only to effect a transaction or for any other purpose that the other member specifically consents to. We have no control over the information that other members may supply to you, therefore we accept no responsibility for its content or its accuracy. There are inherent risks in entering into transactions and providing personal details in this way and you agree that you accept those risks when entering into a transaction.
8.5. We do not verify the accuracy of the information provided by the Members and therefore cannot confirm or guarantee the identity of the Members or the accuracy of the Posting on the Website.
9. Account termination policy
9.1. You understand and agree that we reserve the right, at our sole discretion, to terminate fully or partially any of the Services or delete your account or disregard your application at any time by an immediate notice to you. We may disallow your access to and use of the Website if, you are determined to have breached these terms or instructions that we may issue from time to time. The cause for such termination shall include, but not be limited to:
9.1.1. breaching or violations of these terms in addition to other instructions or guidelines that we may issue;
9.1.2. requests by law enforcement or other government or regulatory authorities;
9.1.3. your violation of third party copyrights or other intellectual property, such as, but not limited to, pornography, obscene or defamatory material, hate or inciting violence or sending spam messages via our messaging system or messages containing advertisements for third party services;
9.1.4. repeatedly uploading the information of vile language, racist comments, and sexist comments, comments bashing someone's sexual orientation and religion, or prejudice comments of any kind.
9.2. If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate:
9.2.1. facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities; and
9.2.2. bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity.
9.3. Following any ban exclusion or prohibition from the Website, we reserve the right to retain your Integrated Services Digital Network (ISDN) and/or Internet service provider (ISP) information in order to ensure the effective and safe management of the Website.
10. Indemnity
10.1. You agree to defend, indemnify and hold us harmless, our subsidiaries, affiliated companies, employees, shareholders, or directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from:
10.1.1. your failure to comply with the prevailing laws;
10.1.2. your violation of any third party right, including without limitation any copyright, property, or privacy right;
10.1.3. your usage of the Website restricted under these terms;
10.1.4. your act to modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website;
10.1.5. your attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
10.2. Further you agree that in the event that you have any right claim or action against any other user arising out of that user's use of the Site then you will pursue such right claim or action independently of and without recourse to us save that you will seek to protect our interests at all times and shall not settle any claim where we may be joined as party without our prior written consent.
11. Limitation of Liability
11.1. The Website is an online forum that permits members to upload pictures and details of goods they wish to exchange, swap or sell.
11.2. Except where we may expressly state, we are not acting as an online auctioneer, agent or seller.
11.3. The Website acts as a venue for the Members to buy sell and swap goods at any time on the internet using a variety of the Posting methods. We do not review any Posting posted by the Members and we do not hold legal title to the goods Posted on the Website. We do not become directly involved in any transaction between users and do not act as agent for either party. Any sale, purchase or swap of goods on the Website shall be directly between you and the other user. In no way shall we be liable for any such goods and we do not make any representations or give any warranties in respect of such goods or any failure by the sending user to supply goods to the recipient user or damage occurred in transit.
11.4. While dealing with another user on the Website you are advised to use all necessary caution when proceeding with any transaction.
12. Disclaimer
12.1. We make use of cookies to store information. A cookie is a piece of data stored on your computer hard drive containing information about you. If you reject the cookie, you can still use the Website. Cookies are used to enable us to track and target your interest in order to enhance your experience on the Website.
12.2. We give no warranty, express or implied, of the correctness of the Posting. The Posting is provided on an “as is” basis. We disclaim any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability and accuracy with respect to the Website. You agree that you will not in any way hold us responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the use of the Website. We shall not be held liable for any decision made or action taken by you in reliance upon or interpretation of any the Posting.
12.3. We may send you our newsletter and other informative mails from time to time at no charge. You may also receive marketing text messages and marketing material by post. You can unsubscribe to any such newsletter or periodical informative mails by opting to discontinue such subscription by following the procedure which will be mentioned in the same marketing message.
12.4. We will try to ensure that the Website is continuously available and all the Services offered are available on it. We accept no responsibility for the consequences of interruptions or delays, however caused.
12.5. We are not liable for any loss or damage suffered by you as the result of your use of this Website including any loss of future earnings, profit or prospects or any consequential or speculative loss.
12.6. In no event we, our officers, directors or employees shall be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
12.6.1. errors, mistakes, or inaccuracies of any the Website content;
12.6.2. unauthorised access to our secure servers and / or any and all personal information and / or any other information stored therein;
12.6.3. interruption or cessation of transmission to or from the Website;
12.6.4. bugs, viruses, ad ware, spy ware, anything malicious, trojan horses, or the like, which may be transmitted to or through the Website by any third party;
12.6.5. any errors or omissions in any Posting or for any loss or damage of any kind incurred as a result of your use of any Posting posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12.7. You specifically acknowledge that we shall not be liable for the Posting that may be defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
13. Third party website link
The Postings and the content may comprise of details and hyperlinks for other internet websites or resources. We neither control nor endorse such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
14. Personal Data
We treat your personal information carefully and in confidence. Please refer to our privacy policy for details of how we will use your personal data.
15. Miscellaneous
In these terms, unless the context clearly indicates another intention:
15.1. The singular includes the plural and vice-versa and any gender includes any other gender.
15.2. You will not take any action on us that infringes or violates someone else's rights or otherwise violates the provisions of law.
15.3. Any notice or other information required or authorised by these terms to be given by either party to the other may be given by hand or electronic means to the other party at the address last provided for that type of communication. The service of notice shall be deemed to have been made on the second day of its transmission (except in case of electronic means where it is deemed to be made immediately).
15.4. No failure or delay by either party in exercising any of their rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.5. The Website is intended for use by and is directed solely at people accessing it from within the United Kingdom and Northern Ireland. We make no representation that any products or services referred to in the materials on this Website are appropriate for use in or are available to purchase via this Website for persons accessing the Website outside of the United Kingdom and Northern Ireland.
15.6. The terms set out the entire agreement between you and us. They supersede any previous express or implied agreement or understanding whether written or otherwise.
15.7. We may assign the contract under the terms or may sub-contract the whole or any part of it to any other person, firm or company.
15.8. If any of these terms is at any time held by law to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of UK jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.9. The terms and your use of this Website shall be governed by and be construed in accordance with English law and any disputes arising under the terms shall be subject to the exclusive jurisdiction of the English courts.
16.0 From time to time we may offer a list item service where we will list some of your items onto UK Buy and Sell for you, either from your own website or other sites you may also sell from, we (UK Buy and Sell) at no point accept any responsibility for your listings, you are fully responsible for all of your listings and should check your listings descriptions and constantly update your items as required.
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