User Agreement
1. Definitions
In these conditions:
"We" or "Us" means the publsiher and our successors or assigns;
"You" means the person, firm or company viewing the Website; and
"the Website" means any website operated by us
"Advert" means any material received by us from you for placement on the Website
2. Liability
2.1. Although every care is taken in the operation of the Website, you acknowledge that it is not always possible to run the Website completely free of all faults, and we give no warranties as to the continued operation of the Website and accept no liability for any time the Website is not operational due to faults or maintenance.
2.2. You acknowledge we are not liability for adverts on the Website being or becoming out-of-date, containing errors or omissions, or otherwise being factually inaccurate or misleading in any way; or for any matters arising from circumstances beyond our reasonable control.
2.3. We shall not be liable in contract, in tort or otherwise for any loss of profits, business, revenue, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with these conditions or your use of the Website.
2.4. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law excluded, save that nothing in these conditions excludes or limits liability for our fraud or death or personal injury caused by our negligence. Without limitation to the foregoing we give no warranties or representations as to the completeness of the information on the Website; the ownership, quality, authenticity, compliance with description or fitness for purpose of any goods or services advertised; and the completeness of the results of any search of the Website.
2.5. If notwithstanding the provisions of these conditions purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise arising in connection with these conditions shall be limited to the total of such fees paid or payable by you to us under these conditions.
2.6. The material on the Website is designed to comply with English law and we cannot be held responsible for any non-compliance with applicable local laws in any other jurisdiction.
3. Links
The Website may contain hypertext links to websites operated by third parties. We do not have control of such websites and you therefore acknowledge that we have no responsibility or liability for their content.
4. Use of Information
4.1. All copying, reproduction, transmission, extraction, adaptation or distribution of material from the Website is prohibited, save that you may print out a copy or save a copy to your local hard disk for personal non-commercial use only. All copyright in the Website is expressly reserved by us.
4.2. You agree not to contact any advertisers on the Website other than for the purposes of genuine enquiry relating to the purchase of goods or services advertised for sale.
5. Private Advertisers
Orders for the placement of advertisements on the website are accepted subject to the following conditions.
5.1 Content of Adverts
5.1.1. All Adverts must be legal, decent, honest and truthful, and comply with the British Code of Advertising Practice (in force from time to time), all other relevant advertising (or other) legislation, and our Guidelines for Advertisements (below).
5.1.2. You confirm that you have all relevant consents licences and approvals to publish the Advert and that such publication shall not breach of any third party intellectual property or other rights.
5.1.3. You confirm that you have the right to sell the goods and that they comply with UK & European Legislation where appropriate and in particular that they are EC marked where necessary.
5.1.4. We have the right to limit the number of free private adverts each registered user may upload.
5.2. Editorial Rights
5.2.1. By submitting an Advert to us, you assign all copyright in the advert to us and agree to waive all moral rights in relation to the Advert. We have absolute discretion: to publish or not publish the Advert on the Website; to amend or edit the Advert prior to publication; and to remove the Advert from the Website.
5.2.2. The publication of an Advert shall give you no right to any intellectual property owned by us contained therein.
5.3. Indemnity
5.3.1. You agree that you are responsible for all complaints, legal actions or threatened legal actions relating to an Advert and agree to keep us indemnified from all costs, damages and other losses howsoever arising from the publication of any Advert on the Website (excluding those losses arising exclusively from editorial changes made by us on your Advert) including without limitation any costs incurred by us in enforcing our rights under these conditions
5.3.2. You agree to further indemnify us against any losses we suffer as a result of your sending us material containing viruses or other files which cause damage or corruption to the Website or to our IT systems.
5.4 Guidelines for Advertisements
5.4.1. Adverts must be entered in, and appropriate to, the category selections. Adverts for inappropriate items or services or those placed in the wrong category may be deleted.
5.4.2. You must ensure that you are legally able to sell each item included in an Advert, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction.
5.4.3. Each Advert should normally be for a single item, exceptions will be considered on an individual basis.
5.4.4. Advertisers must place Adverts in a fair and responsible manner. Examples of unfair use would be:
5.4.4.1 Multiple Adverts for the same item;
5.4.4.2 Adverts which are misleading or withhold information which would affect a buyer's decision whether to purchase; or
5.4.4.3 Traders submitting Adverts for placement as private sellers
5.4.4.4 Adverts should only include content relevant to the item for sale.
5.4.4.5 We make no warranties as to the commencement date or length of time the Advert appears on the Website.
6. General
6.1. These conditions shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these conditions.
6.2. If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
6.3. No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.
6.4. The contract formed on these conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise and no third party shall have any right to enforce it.
6.5. Your rights under these conditions are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these conditions at will.
