This is the User Agreement for Warwickshire.co.uk ("User Agreement").
The services available at http://www.Warwickshire.co.uk are provided by Foxhall Consultancy Ltd hereinafter referred to as “the Company” ("we", "us" or "our"), whose registered office is at 12 Payton Street, Stratford upon Avon, Warwickshire CV37 6UA
This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.Warwickshire.co.uk/ (“the Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, you read this User Agreement. If you have any questions about this User Agreement, please contact us with your full name and details by email to or through our normal “contact us” page. We may amend this User Agreement at any time when it is considered by the Company that changes need to be made for the good of the site or the services provided.
1. Membership Eligibility
Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement. The Company reserves the right to or to temporarily or indefinitely suspended Warwickshire.co.uk members
2. User ID
You must choose a User ID and password on registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.
3. The Company is Only a Venue
3.1 The Site acts as a venue which allows registered users to offer, sell, and buy just about anything which is legal, at any time, from anywhere. We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
3.2 Restricted Items. You must not offer, sell, or buy any items which we do not permit on the Site. We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property.
3.3 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, The Company cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.
3.4 Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release The Company (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
3.5 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that The Company is not responsible for the acts or omissions of users on the Site.
4. Listing and Selling
4.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, 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. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate category.
4.2 Cancellation. In order to obtain a full refund on the cost of the the advertisement cancellations must be made in writing within twenty-four hours of being submitted. Cancellations made after the advert is live on the website or any publication will not be eligible for a refund. However, the publication of an advert can be cancelled to avoid unwanted response. Advertisements can be cancelled by sending an email quoting the advertisement details stating the reason you wish to cancel to email@example.com. Cancellation after the twenty-four hour period will incur a cancellation fee details of which can be requested in writing from firstname.lastname@example.org.
4.3 Fraud Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
Registering on Warwickshire.co.uk is free and you may subscribe to receive e-mails that may be of interest to you and they may contain special promotional offers. We charge fees for listing item for sale and for all forms of advertising. During the placing of an advert you will be given the opportunity to review the prices charged before any money is taken. We will only charge your credit card once you have approved all fees and approved our terms and conditions. We reserve the right to vary any charges from time to time without notice and through special offers. Once you have paid we guarantee that no further charges will be taken from any payment method without your prior knowledge and right to cancel.
Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email. The Company can accept no responsibility for items which are sold through the site but for which payment is not made by the purchaser of those items.
6. Your Information
6.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to The Company’s service including the registration, or listing process (including, without limitation, any description of items listed), and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
6.2 Restrictions Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that:
(i) are prohibited under this User Agreement; (ii) are identical to other items you have up for sale but are priced lower than these item's; (iii) are concurrently listed for sale on a website other than The Company's (this does not prevent linking to or advertising of The Company item from another website); or (iv) you do not have a right to link to or include; i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired. You must not list any item on this site or complete any transaction initiated using this site that by paying us a listing fee would cause us to be in breach of any applicable law. The Company in its absolute discretion may refuse to accept any advertisement or product for advertisment on the site which in its opinion is of an illegal or questionable nature or for any other reason which in the Company’s absolute discretion it does not believe is compatible with the site. In those circumstances a refund in full will be made of the fees charged in relation to that particular product or item or service but subject to the Company charging a handling fee of a figure of up to but not exceeding the full fee for the advertisement being placed.
6.3 Licence. To enable The Company to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
6.4 Your Use of Other Users' Information. (i)The Company will only allow access to the information of other users of the site in the form of whatever information those users chose to place into their advertisements or other entries. The Company is not responsible for any contact details which are provided by one member in the use of the site and we do not warrant that any of this information is correct. Information which is registered with the Company will only be used by the Company for its own purposes and it will not be sold to third parties. (ii) By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an The Company-related communication or The Company-facilitated transaction, you may only use such information for: (a) The Company-related communications that are not unsolicited commercial messages and relate to your genuine participation in an The Company-facilitated transaction, (b) using services offered through The Company, and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, and other rights holders are given different rights with respect to information they access. (iii) The Company and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an employee of The Company or a user of The Company , even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. Please report spam from other users of Warwickshire.co.uk by sending us an email by the “contact us” page giving the fullest information regarding your problem and where possible relevant dates and times and examples.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability; or (d) if you are believed to have done anything contrary to paragraph 6.2. above.
8. Transfer of Data We view protection of users' privacy as a very important principle. Please note that Your Information will be stored and processed on our computers but The Company will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.
9. No Warranty
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
10. Limitation of Liability. (i) Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without prejudice to the generality of the foregoing, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. (ii) We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. (iii) Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.
11. Cooling Off Period in Relation to the Purchase of Products Advertised by the Company on this Website.
(i) By law customers located in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. Where you are withdrawing from your purchase within a seven working day cooling off period and there has been no error on our part we will refund the cost of the item and the cost of sending the item to you as follows:- (ii) Where we collect the item from you we reserve the right to recover the costs of collection from you. (iii) We will not refund the cost of gift wrapping, your costs of returning the item to us and other services provided to you in connection with your purchase unless you return the item to us because of an error on our part or because it is defective.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to The Company must be sent by registered mail to Foxhall Consultancy Ltd of 12 Payton Street, Stratford upon Avon Warwickshire, CV37 6UA and notices to you will be sent to the email address that you provide to The Company during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. It is the user’s responsibility to ensure that all their contact and registered information is current at all times. If we cannot contact you at any time we may withdraw our service to you.
14. Governing Law and Legal Compliance
(i) This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. (ii) Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). (iii) The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
15. Third Party Rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.