Terms & Conditions of Use
|1. The Terms
1.1. In these terms and conditions (“the Terms”) all references to:
“we” “us” or “our” shall mean Heathcote Communications Limited a limited liability company incorporated in England and Wales under registered company number 06830358
“you” “your” or “users” shall mean a reference to all users of the Site whether authorised or otherwise
“the Site” shall mean the Posh-swaps.com™ website
1.2. The Site is owned and operated by Heathcote Communications Limited
|2. Importance of the Terms
| 2.1. It is very important that you have read all of the Terms prior to using the Site
2.2. Use of the Site is governed exclusively by the Terms which shall take effect immediately on your first use of the Site. Any use or continued use of the Site will constitute your acceptance of the Terms or updated Terms
2.3. If you do not intend to be bound by the Terms then you should not use the Site and should forthwith cease to use the Site
2.4. We reserve the right to withdraw or amend any of the Terms at any time and without notice
2.5. As the Terms may change from time to time and all changes will be posted on the Site users are therefore advised that they should revisit the Terms from time to time. If you continue to use the Site after amendments have been made you will be deemed to have accepted those amendments.
2.6. If following a change to the Terms you wish to cease using the Site or cancel a membership, you may do this using the membership termination procedure as shall be published from time to time.
|3. Restrictions on use of the Site
3.1. You hereby agree not to do any of the following on the Site:
3.1.1. use the Site for any unlawful purpose or any purpose that is prohibited by the Terms;
3.1.2. publish post distribute or disseminate any material which:
18.104.22.168. is indecent obscene unlawful or that may cause annoyance anxiety inconvenience to another;
22.214.171.124. is false inaccurate or misleading;
126.96.36.199. may amount to a legal nuisance or constitutes harassment;
188.8.131.52. contravenes any copyright trademark or other intellectual property right;
3.1.3. 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);
3.2. be involved in any fraudulent activity
3.3. be involved in the advertisement movement or sale of counterfeit or stolen goods;
3.4. 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;
3.5. upload or transmit through the Site material that you do not have a right to make available under any law contractual or fiduciary relationship;
3.6. 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 unfair competition);
3.7. include descriptions of goods that:
3.7.1. are identical to other goods you have advertised for sale or exchange but are priced lower than the goods in question or have an aggregate value which would be considerably reduced in any combined or linked transaction;
3.7.2. are listed for sale on other websites (other than separate pages of the Site)(this does not prevent linking to or advertising goods from another website); or
3.7.3. you do not have a right to exchange list sell swap or otherwise dispose of your interest;
3.8. You must not list any goods on the Site that could cause us to violate any applicable law from time to time;
3.9. use the Site to collect or store personal data;
3.10. upload or transmit through the Site any computer viruses (including but not limited to macro viruses trojan horses 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 Site or its users;
3.11. use the Site (or any part thereof) in a way that may cause the Site or any of our interests to be damaged interrupted rendered less efficient or such that the effectiveness or functionality of the Site or our interests are in any way impaired;
3.12. where you are not the author of any material that you are uploading to the Site delete any author attributions legal notices references or proprietary designations or labels within the material;
3.13. falsify the origin or source of software or other material contained in a file that is uploaded;
3.14. impersonate any person or entity;
3.15. attempt any unauthorised access to any part or component of the Site;
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; nor
3.17. use the Site www.posh-swaps.com name or our 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. Use of the Site
|4.1. In order to become a user of the Site 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. You shall only use the Site using your own username and password.
4.2. 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.
4.3. Any agreement by the user not to do any act or thing includes an agreement not to permit or allow the doing of that act or thing by another.
4.4. You may at any time not hold two or more user accounts on this Site without our prior consent. 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 Site and your use shall be immediately terminated.
4.5. If you use multiple logins for the purpose of disrupting any Site community or for the purpose of annoying other users you may have action taken against all of your accounts.
|5. Age Restriction
|5.1. Due to the nature of the transactions taking place the Site is intended for use by persons of eighteen (18) years of age and above. If you are under eighteen (18) years old then you should only use the Site under the supervision of a parent guardian or appropriate adult. You cannot register to be a member if you are under eighteen (18) years old. Goods including children's goods must not be bought sold listed or swapped by any person or persons who are under the age of eighteen (18) years any such transaction must be performed by a parent guardian or appropriate adult. Any minor found to be using this Site without the appropriate parental consent will have their membership access or use terminated immediately.
|6. Failure to comply with the Terms
6.1. Where you breach or where we suspect that you are in breach of the Terms or following any misuse or abuse of the Site we reserve the right (but shall not be required to) provide a warning to you for failure to comply. We also reserve our right to disable any user identification code or password whether chosen by you or allocated by us and further to ban or exclude you from future use of the Site at any time whether or not any prior warning has been given.
6.2. Following any ban exclusion or prohibition from the Site, we reserve the right to retain your ISDN and/or ISP information in order to ensure the effective and safe management of the Site.
7.1. All design graphics logos and text including the selection and arrangement thereof all software compilations underlying source code software and all other material on the Site are subject to copyright and other proprietary rights which are either owned by us or used strictly under licence from third party rights owners.
7.2. Under no circumstances shall the use of this Site grant to any user any interest in any intellectual property rights including but not limited to copyright goodwill know-how trademarks or patents belonging to us or any third party whatsoever.
7.3. No user may post nor recommend any other website nor post any advertisement for or recommend on the Site any product or service without our prior written consent.
7.4. You must not nor must you allow any other person to copy publish distribute alter add to delete remove or tamper with this Site or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Site other than in the course of viewing or using this Site in accordance with the Terms.
8.1. You agree to indemnify and hold us and (as applicable) our parent subsidiaries affiliates officers directors agents and employees without liability from and against all liabilities including but not limited to damages (consequential or otherwise) direct or indirect losses costs and other expenses including professional fees resulting from any claim made by any third party due to or arising out of your breach or alleged breach of the Terms or your violation of any law or the rights of a third party arising out of your use of this Website.
8.2. 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.
|9. Disclaimer and Limitation of Liability
9.1. The Site is an online forum that permits members to upload pictures and details of goods they wish to exchange swap or sell (“a Post”).
9.2. Except where we may expressly state otherwise we are not acting as an online auctioneer agent or seller.
9.3. The Site acts as a venue for members to buy offer sell and swap goods at any time on the internet using a variety of Posting methods. We do not review any Posting posted by members and we do not hold legal title to the goods Posted on the Site. We do not become directly involved in any transaction between users and do not act as agent for either party. Any purchase of products on the Site shall be directly between you and the other user. In no way shall we be liable for any such products and we do not make any representations or give any warranties in respect of such products or any failure by the sending user to supply goods to the recipient user or damage occurred in transit.
9.4. If you are dealing with another user particular one who does not have a feedback status shown on the Site you are advised use all necessary caution when proceeding with any transaction. We would refer you to our Frequently Asked Questions section for guidance.
9.5. Notwithstanding the above, our aggregate liability to you will not exceed either five times the value of the listed article or £3000 (three thousand pounds) whichever shall be the lower
|10. Our Agreement
10.1. We will use reasonable endeavours to ensure that the Site operates properly at all times but we make no warranties as to the availability or accessibility of the Site and we will not be liable for any damages losses costs or expenses incurred by you as a result of any lack of availability or accessibility of the Site at any time for whatever reason.
10.2. The Site is provided on an 'as is' basis and to the fullest extent permitted by law makes no and expressly excludes all representations (except for fraudulent misrepresentation) undertakings or warranties about any of the content of the Site including without limitation any as to the accuracy completeness quality or fitness for purpose of such content or goods available on the Site and cannot be held liable for any use or reliance you may make of or put on it.
10.3. Although we will periodically check the Site for viruses we do not warrant that it is free of viruses or other malicious content. Downloading of any files from the Site is at your own risk. It is your responsibility to ensure that any files that are loaded onto your computer are virus free by taking appropriate precautions.
10.4. All other conditions or warranties not set out in these terms and conditions whether oral express or implied by statute at common law or otherwise are excluded to the fullest extent permitted by law.
10.5. To the fullest extent permitted at law no employee or representative of ours involved in the Site will be liable whether in contract tort statute or otherwise howsoever arising for any damages losses costs claims liabilities or expenses arising out of or in connection with the use of this Site including any transaction entered into by you or by any other person who may access the Site using your personal information or your account or membership details.
10.6. Our exclusion and limitation of liability shall apply to all damages losses costs claims liabilities and expenses of any kind whether direct or indirect or consequential including without limitation professional costs or expenses direct loss of profit direct loss of anticipated earnings or savings indirect loss of profit indirect loss of anticipated earnings or savings loss of revenue loss of use of money loss of opportunity or loss of or damage to property and/or any wasted expenditure or third party claims. For the avoidance of doubt the losses as listed in this clause are intended to be distinct and severable.
10.7. Nothing in the Terms shall limit or exclude our liability for fraudulent misrepresentation or for death or personal injury resulting from our proven negligence or the proven negligence of our agents or employees.
11.1. It is the sole responsibility of users to ensure that they are legally entitled to sell or swap any goods that they have Posted. No assumption as to the legality of the offer sale purchase or swap of the foregoing should be made merely because an item is Posted on the Site.
11.2. Any user that posts goods on the Site must ensure that they are legally entitled to sell or swap that item that it is lawful to sell or swap such an item and if any consents are necessary to sell or swap the item that such consents are prior to Posting on the Site.
11.3. You must clearly state the conditions of sale on your Posting of the goods and you must provide an accurate description of the goods. We do not guarantee the accuracy of any information provided in the description of a user's Posting. You must ensure that you have all the consents necessary to place your Posting and you are responsible for ensuring that no third party's intellectual property rights are infringed by your Posting.
11.4. If you place any goods on the Site and there is any fraudulent or criminal activity surrounding that Posting then without prejudice to any other remedy we reserve the right to remove the Posting and terminate your membership.
11.5. You must not offer sell buy or swap (or any combination of the foregoing) any goods which we do not permit on the Site. We reserve the right to remove any Listing which we think contravenes or may contravene the Terms.
11.6. We do not accept any obligation to protect you from unsafe Listings on the Site and you should not assume that merely because something is Posted on the Site it is safe to use. We do not guarantee the safety quality, condition or ownership of the items Listed on the Site.
11.7. Notwithstanding the above we reserve the right to remove any Posting at our sole discretion and without notice.
12.1. It is the responsibility of users to ensure that any transaction they are involved in is fair. We take no responsibility for the Postings on the Site 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.
12.2. 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.
12.3. 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.
12.4. 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.
12.5. We do not verify the accuracy of the information provided by our members and therefore cannot confirm or guarantee the identity of website users or the accuracy of the information posted on the Site.
|13. Access to the Site
13.1. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to us. You therefore agree that you will not:
13.1.1. use any robot spider scraper or other automated or electronic means to access the Site for any purpose without our express written permission;
13.1.2. take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on the Site;
13.1.3. create copy modify reproduce derivative works from distribute or publicly display any content from the Site without our prior written consent and/or the appropriate third party or parties;
13.1.4. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
13.1.5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
13.2. From time to time we may restrict access to some or all parts of the Site to users and members (where appropriate).
14.1. From time to time we may choose to introduce fees for some of the services provided on or by the Site. 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 and we 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. Sellers will be responsible for paying all fees associated with using our service and the Site and all applicable taxes.
15.1. Any link be it a hypertext link or other referral device used on the Site is provided solely for your use and convenience and without warranty as to content. We have no control over and do not endorse nor are in any way responsible for the content of any such websites.
16. Personal Data
17.1. Unless otherwise explicitly stated all notices sent to us must be sent by registered mail to our registered office and marked “FAO The Managing Director”. Notices to you will be sent to the email address that you provide to us when you first register with the Site (receipt of which is deemed 24 hours after an email is sent unless we receive notice that the email address is invalid); or by registered mail or first class post to the postal address that you provide to us when you first register with the Site.
17.2. The Site 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 Site are appropriate for use in or are available to purchase via this Site for persons accessing the Site outside of the United Kingdom and Northern Ireland.
17.3. 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.
17.4. 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.
17.5. The Terms and your use of this Site 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.
Except as expressly agreed in the Terms a person who is not a party to the Contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of the Contract. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
Nothing in the Terms shall be construed as establishing or implying a partnership between us and any user of the Site nor shall any relationship of agency be implied.
Failure by us to exercise or delay in our exercising any right or remedy under the Terms shall not constitute a waiver of any of our rights and remedies under the Terms.
Headings are for reference purposes only and in no way define limit construe or describe the scope or extent of such section.