1.1 These terms and conditions (“Terms”) govern the use by you of the website [http://buyswapsell.co.uk/] ("our Website") and all services available through our Website (our Website and the services available through it are referred to collectively in these Terms as "our Services").
1.2 By accessing our Services, you are agreeing to these Terms and enter into a legally binding contract with BuySwapSell Ltd, a company incorporated in England and Wales with registered office at 3rd Floor, 5 New York Street, Manchester M1 4JB and with registered number 03950420 (“we”, "us").
1.3 You may not use our Services if you are under the age of 18 years old. By agreeing to these Terms and using our Services, you represent that you are at least 18 years old.
1.4 If you do not agree to these Terms you may not use our Services.
1.5 We may, at our sole discretion, modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of our Services following the posting of any changes to these Terms constitutes acceptance of such changes. If you do not agree to such changes, you should stop using our Services.
1.6 These Terms were last updated on 20 March, 2012.
2.1 Our Services enable users to:
(a) post notices on our Website offering:
(i) to sell their goods and/or services;
(ii) to swap their goods and/or services for goods and/or services offered by other users of our Services;
(iii) to buy goods and/or services from other users of our Services;
(b) browse notices on our Website posted by other users of our Services offering to sell, swap or buy goods and/or services;
(c) make contact with other users of our Services to facilitate sales and/or swaps of goods and/or services; and/or
(d) engage in discussions with other users of our Services using the "Community" section of our Website.
2.2 We may also offer, as part of our Services, the opportunity for users, in return for payment to us of a premium, as set out on our Website, to have a notice or notices offering to sell, swap and/or buy goods and/or services promoted on our Website, for example, given prominence over other similar notices ("our Premium Services"). Further information about our Premium Services will be set out on our Website.
2.3 Our Services enable users to contact, and be contacted by, other users of our Services, so that they can make arrangements to buy from, sell to and/or swap with such other users, goods and/or services. However, we are not involved with, and our Services do not provide the facility to make, any such transactions, including processing any payments relating to such transactions.
2.4 We reserve the right at any time to modify, suspend or discontinue, temporarily or permanently, our Services (or any part of our Services) for any reason with or without notice. If we modify, suspend or discontinue any Premium Services which you have ordered from us and which we have not yet supplied in full, we will give you a pro rated refund equal to the portion of our Premium Service which you have not yet received. You agree that we shall not otherwise be liable to you or to any third party for any loss caused by modification, suspension or discontinuance of our Services.
3.1 As between us and you, and subject to these Terms, you will own all material, including without limitation information, data, text, graphics, images and other content (collectively, "Content") you provide to us and/or others while using our Services ("your Content").
3.2 You agree that all Content, other than your Content, contained in or delivered via our Services or otherwise made available in connection with our Services (collectively, "our Content") is owned by us or our licensors and is protected by copyright, trade mark and/or other intellectual property and other proprietary rights and laws. You shall use our Content exclusively for purposes that are permitted by these Terms and any applicable laws and regulations. Any rights not expressly granted in these Terms are reserved.
4.1 Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, revocable right and licence to access and use our Services for your personal use only in accordance with these Terms.
4.2 You shall not, and shall not permit anyone else, directly or indirectly, to use our Services to offer for sale, swap or buy any goods or services:
(a) which consist of any of the following goods or services:
(i) adult products, such as pornography, adult films, or prostitution or escort services;
(iii) animal parts (other than meat goods within their sell by date);
(iv) animals which are a species protected by any applicable law;
(vi) goods or services which, according to the terms on which they were originally bought, cannot be transferred from or to you (such as certain tickets to sporting, entertainment or other cultural events, lottery tickets and rail and airline tickets);
(vii) parts or products of the human body;
(viii) medicines or other pharmaceutical products which require a prescription;
(ix) illegal drugs or goods used to consume such drugs;
(x) weapons, such as firearms, ammunition and knives; and/or
(i) it would be unlawful for you to sell, swap or buy;
(ii) you are not permitted or authorised under any applicable law or regulation to sell, swap or buy; and/or
(iii) infringe any rights, including any intellectual property rights, of any third party (such as counterfeit or replica goods).
4.3 You shall only offer for sale or swap:
(a) goods which you own outright or are otherwise entitled to dispose of free of all charges, encumbrances and adverse rights; and/or
(b) services which you are entitled to supply and the supply by you of which would not be unlawful and/or infringe any rights, including any intellectual property rights, of any third party.
4.3.2 You shall supply any goods and/or services, which you have agreed to supply to any other user of our Services, in accordance with the terms on which you have agreed to supply such goods and/or services and, in any event, within a reasonable period after agreeing to supply such goods and/or services.
4.4 You shall not, and shall not permit anyone else, directly or indirectly, to:
(a) modify or reproduce any part of our Services or our Content;
(b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of our Services, unless permitted by law; or
(c) engage in any activity whatsoever that interferes with, or disrupts, the functionality of our Services.
4.5 You acknowledge and agree that:
(a) we take no responsibility for the goods and services offered by users of our Services; and
(b) it is your responsibility to satisfy yourself, before buying (or swapping any other goods and/or services for) any goods or services, that:
(i) such goods or services are in a satisfactory condition and are safe to use; and
(ii) the user of our Services who is selling to you (or swapping any other goods and/or services for) such goods or services is permitted, under applicable law and regulation, to supply such goods or services to you.
5.1 You acknowledge and agree that:
(a) your Content will be true, accurate, current and complete and not misleading in any way; and
(b) you will maintain and update your Content to keep it true, accurate, current and complete and not misleading in any way.
5.2 You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and licence, without compensation to you or any other provider of your Content, to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your Content, in whole or in part, in any media, for any purposes relating to our Services and/or our business.
5.3 You represent and warrant that you have all rights, power and authority necessary to grant the licence under paragraph 5.2, and that all your Content: (a) does not infringe the rights of any third party and (b) complies with all applicable law and regulation.
5.4 You acknowledge and agree that you are liable for all of your Content, in whatever form. You agree not to use our Services to upload, post, email or otherwise make available any of your Content that:
(a) is unlawful, harmful, threatening, harassing, defamatory, obscene, libellous, invasive of another's privacy, or infringes upon another person or entity’s rights, such as another person or entity's intellectual property rights;
(b) involves impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
(c) you do not have a right to make available; or
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You acknowledge that we are not responsible for and do not check or verify your Content or any other Content provided or made available by any other users of our Services (although we reserve the right to monitor, alter, edit, or remove any of your Content, in whole or in part, at any time). You acknowledge and agree that we may store your Content and may also disclose your Content for any reason if we deem this to be necessary (under law or for any other reason).
5.6 You acknowledge and agree that we may, in our sole discretion, remove and discard any or all of your Content from our Services at any time for any reason, including if you and/or any of your Content is, or we have reasonable grounds to suspect is, in breach of these Terms.
As part of using our Services, you will need to create an account, with a username and password. You are responsible for maintaining the confidentiality of your password and access to your account, and are responsible for all activities that occur under your account, including use of your account by third parties. You agree to immediately notify us of any unauthorised use of your account or of any other breach of security. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this paragraph 6 or from any unauthorized access to or use of your account.
7.1 Our fees for access to our Premium Services will be set out on our Website. While we try hard to ensure that all prices displayed on our Website are correct and up to date at the time you place an order, it is possible that an occasional mistake may be made. We may refuse any order in respect of our Premium Services if the applicable fees are obviously incorrect or where some other clear error has been made. All fees are inclusive of all sales and other taxes unless otherwise stated.
7.2 You must: make the appropriate payment for our Premium Services by credit or debit card or other payment mechanism approved by us and made available through our Website; and provide us and/or our payment service providers with the necessary information for your payment to be processed. You confirm that the payment card or account used by you is yours or that you are authorised to use such card or account and there are sufficient funds or credit facilities to cover the payment.
7.3 You will be given the opportunity to correct any input errors in your payment details prior to completing your order.
7.4 You may not be able to access our Premium Services until we have completed any validation checks described in paragraph 7.5 and we have received payment in full.
7.5 All credit/debit/charge card and other payment service transactions may be subject to validation checks and authorisation by the relevant card and service providers. If your card issuer/payment service provider refuses to authorise payment to us, we will not be liable for any delay or non-acceptance of orders made by you through our Website.
7.6 We reserve the right to require proof of identification and age before processing any order made through our Website.
8.1 You acknowledge and agree that we may, in our sole discretion, suspend or terminate your account and/or your access:
(a) to our Services, other than our Premium Services, at any time for any reason and without notice to you;
(b) to our Premium Services, on written notice to you, if you have, or we reasonably believe that you have:
(i) failed to maintain accurate or current information; and/or
(ii) otherwise breached these Terms and failed to remedy such breach within 7 days of us notifying you in writing of such breach.
8.2 You agree that we shall not be liable to you or to any third-party for any suspension and/or termination of your right to use or otherwise access our Services.
8.3 You may stop using our Services at any time.
You shall compensate us in full in respect of any losses, liabilities, damages, expenses or costs (including legal fees and expenses), arising from or in connection with any third party claim, suit or proceeding brought against us which arises out of, results from or is related to any breach by you of these Terms.
We will supply our Services using reasonable skill and care but we make no other representations, warranties or guarantees, whether express or implied, with respect to our Services.
11.1 To the maximum extent permissible in law, we exclude all liability for any indirect, additional or consequential loss or any kind however incurred by you, arising in connection with these Terms.
11.2 Our liability to you under these Terms in relation to our Services, other than our Premium Services, is limited to £10.
11.3 If you order one of our Premium Services, our liability to you under these Terms, in respect of such Premium Services, is limited to the total amount paid by you to us for such Premium Services in the calendar month in which the liability arises.
11.4 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) breach of any obligation implied by statutory law which cannot lawfully be excluded.
13.1 Notices to you may be sent via either email or regular mail to the address you have provided to us.
13.2 Any notice from you to us shall be sent in writing to us at the address set out in paragraph 1.2 above.