TERMS & CONDITIONS ("AGREEMENT")
Please read these Terms & Conditions fully and carefully before using www.zipsale.co.uk
(the "Site") and the services, features, content or applications offered by Zipsale, LTD. These Terms & Conditions set forth the legally binding terms and conditions for your use of the Site and the Services.
Zipsale is a platform that allows users to sell items on different marketplaces at once ("Services"). 1. Acceptance of Terms & Conditions
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms & Conditions by this reference.
These Terms & Conditions apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. 2. Eligibility
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms & Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms & Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. 3. Registration
To use certain of the Services, you may need to register for an account on the Services (an "Personal area or Account"). You must provide accurate and complete information and keep your Personal information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services , breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to email@example.com. 4. Content
Definition. For purposes of these Terms & Conditions, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. 5. User License
Subject to these Terms & Conditions, we grant each user of the Services a worldwide non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Sharing. Occasionally, the Services will expressly allow you to redistribute, or "share," certain Content for personal, non-commercial use, such as through your social network account, blog or email when you think the Content will be of interest to others in your social network. When Content is authorized for sharing, we will clearly identify the Content that you are authorized to redistribute and the ways you may redistribute it, usually by providing a "submit" button on or near the Content. However, please note that we may revoke this authorization at any time. Additionally, if you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Feedback. We encourage users to participate in the community by providing feedback about their experiences. However, if you choose to do so, please only provide contributions that represent your honest and accurate experiences and opinions, without violating this Agreement.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party or User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation (x) with regards to product specifications, colors, textures, size, condition, value, origin, authenticity, functionality or appropriateness for use; or (y) that the Content on the Services reflects updated information in areas such as availability or market developments such as product recalls. We therefore encourage you to independently confirm with other sources any data, images, information, suggestions, guidance or other materials or Content made available on or through the Site or Services. 6. How Zipsale's Services Work
As part of the Services, you or other users may choose to post information to the Services about goods that you or such other users would like to sell through third party marketplaces (such information, a "Listing," and such users, "Sellers"). Potential buyers ("Buyers") on different marketplaces may ask the applicable Seller questions and offer to pay an amount of money of their choosing in order to obtain the goods included in the applicable Listing. All this information will be stored and updated in the Personal area. If a Seller accepts such an offer or makes a counter-offer and a deal happens, then the Service provides a Seller with further details on delivery and payment. A Seller is free to accept and counter offers of multiple potential Buyers simultaneously. The first potential Buyer to successfully submit the agreed upon payment amount (whether an offer or counteroffer) to a Seller will become the winner of such goods (such Buyer, the "Winning Buyer").
Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet ("Third Party Sites"), and other websites, services or resources may contain links to the Services, in each case, such as a Payment Processor that you may choose to link to your Account or otherwise use in connection with the Services. When you access Third Party Sites on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. 7. How we use your personal information
We may revise these Terms from time to time. Every time you place a Listing, the Terms in force at that time will apply to any corresponding Listing. 9. Termination
We may terminate this Agreement with immediate effect by notice in writing to you if:
10. Consequences of termination
- You fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or
- You are in breach of any term of this Agreement
Upon termination of this Agreement for any reason:
- You shall immediately pay to us all of our outstanding unpaid invoices and interest;
- The accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
- Sections which expressly or by implication have effect after termination shall continue in full force and effect
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section shall survive termination of this Agreement. 12. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure. 13. Notices
Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post. Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account or any other address in England, Scotland or Wales which you have previously notified to us in writing.
Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail. Our address for service of notices shall be our address set out in these Terms.
A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.
You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated in your Customer Account. 14. Other important terms
- All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us
- These Terms are only available in the English language
- This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise
- Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect
- If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you
- If you are a consumer, you have legal rights in relation to the Services. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights
- If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim
- If you are a business, the Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims)