Document version: 2.0
This document was last updated on: 2012-10-25
The following outlines Eco Market's terms and conditions for both regular users and sellers:
Information about us
www.ecomarket.com is a website operated by Etiska Limited (“We” or “Us”) and is trading as "Eco Market". We are registered in England and Wales under company number 6829511 and have our registered office at Etiska Ltd, Shoreditch Works 32-38, Scrutton Street, Shoreditch, London, EC2A 4RQ which is also our main trading address.
Accessing our site
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of Our Site, or our entire site, to registered members of Our Site (“Members”).
You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
Using our site
You may use Our Site to purchase goods/services (“Products”) from suppliers of eco-friendly and natural. All the suppliers on Our Site are registered Members. Our Site is therefore both a shopping platform and a social network in which buyers and sellers (Members) are given online profile pages where they can follow each other to have more personalised activity delivered to them on the Our Site.
Purchasing a Product that is offered for sale on Our Site will create a binding contract between you and the relevant Member. We will not be a party to any contract that comes into existence between you and any Member of Our Site. We will not be liable for any loss or damage suffered by you as a result of or arising out of a contract between you and any Member or any other person, firm or company you may come into contact with through Our Site. You will indemnify Us against all costs, claims, damages and losses that may arise out of your dealings with Members or any other person, firm or company you may come into contact with through Our Site.
We provide no warranty that Products purchased from Members will be of satisfactory quality. However, all sellers of Products are required to give certain warranties about the quality of the goods/services they provide, by law. You can obtain full details of these statutory rights from your solicitor or local Citizens Advice Bureau. Your statutory rights are not affected by these terms and conditions.
We will not adjudicate over any complaint you may have in relation to Products purchased from any Member. You should direct any complaints that you have about Products you have purchased to the Member in question, or a relevant trade body.
We provide no warranty nor will adjudicate over any complaint surrounding products that are lost in the post or do not arrive due to any other similar shipping issues. You should direct any complaints that you have about Product shipping to the Member in question or a relevant trade body. We provide no guarantees that Products you purchase will be shipped to you via an insured, recorded delivery (or those that require a signature) and any questions surrounding this should be directed at the Member you are purchasing the item from prior to purchasing it.
If purchasing items with legal age restriction, by accepting these terms and conditions you are agreeing and confirming that you are of the suitable age to purchase such products and that you are responsible for understanding where age limits apply within your own country and legal jurisdiction. We will not be liable for any loss or damaged suffered to you as a result of the misuse of such age restrictions.
Our Site uses an external third party payment processing company, PayPal ("Payment Processor") to process payments from Products sold. Members who use this Payment Processor may be subject to terms and conditions set by the Payment Processors. You are responsible for making yourself aware of any terms and conditions that apply to you through use of such Payment Processors, and recognise that We have no control over nor accept any liability to any damage caused by such terms and conditions. You accept that the method in which payments between Members are exchanged on Our Site, (including but not limited to which Payment Processors are used) may change without any prior notice.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You will not infringe any of our intellectual property rights. Your right to use our intellectual property rights are strictly as set out in these terms.
Reliance on information posted
Some of the information posted on Our Site is provided by the Members themselves. You will also find other messages, information and materials, including without limitation audio and visual materials, on Our Site (“Material”) which is posted by other users. We disclaim all liability and responsibility arising from any reliance placed on such Material by you, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the Material on Our Site may be out of date at any given time, and We are under no obligation to update such Material.
The Material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any Materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Uploading material to our site
Whenever you make use of a feature that allows you to upload Material to Our Site, or to make contact with other users of Our Site, you must comply with the standards set out herein. You warrant that any such Material uploaded to Our Site by you will comply with these standards. You will indemnify Us for all losses arising from your breach of this warranty.
You warrant further that Material you upload to Our Site:
will not contain any obscene, defamatory, abusive, threatening, or harassing material, or any pornographic, seditious, or blasphemous material or any material liable to incite racial or religious hatred;
will not breach any legislation or applicable law; and
will not infringe any third party intellectual property rights.
You acknowledge that all risks arising from any Material you post on Our Site rests entirely with you, including without limitation the risk of legal action against you if such Material constitutes an infringement of any third party rights, or is otherwise unlawful.
Any Material you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Material posted or uploaded by you to Our Site constitutes a violation of their rights.
We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by you or any other user of Our Site.
We have the right to remove any Material posted on Our Site if, in our opinion, such Material does not comply with the content standards set out herein.
Viruses, hacking and other offences
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
Links from our site
Where Our Site may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
If you have any concerns about Material which appears on Our Site, please contact us at our contact page which can be found at the bottom of the homepage.
Thank you for visiting Our Site.
Our website www.ecomarket.com ("Our Site") provides a market place for buyers to meet and buy products from shops ("Shop, "Stall") that sellers on Our Site can create (the "Services"). However, you need to be a registered as a seller on Our Site ("Seller", Seller Membership","Stall Owner") before you can sell goods/services ("Products") on Our Site. This section (together with the documents referred to on it) tells you the terms and conditions on which you may sell Products on Our Site. We also set out the terms upon which you may use other services on Our Site. However, if you do not intend to use Our Site for selling Products, please refer to our General Terms and Conditions (in the section above) instead.
Please read these terms and conditions carefully before applying to become a Seller. You should understand that by becoming a Seller, you agree to be bound by these terms and conditions. You cannot sell products on Our Site until you become a Seller. If you do not agree to these terms and conditions, you cannot become a seller on Our Site.
You should print a copy of these terms and conditions for future reference.
1. Information about us
www.ecomarket.com is a site operated by Etiska Limited ("We" or "Us"). We are registered in England and Wales under company number 6829511 and have our registered and trading address at Suite 107, Crown House, 94 Armley Road, Leeds, LS12 2EJ.
2. Your status
By applying to become a Seller of Our Site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) (If you are an individual/sole trader) You are at least 18 years old;
(c) You have an existing business trading in ethical, eco-friendly and natural goods (this does not require the business to be a registered company); and
(d) All the information in your Member application form is accurate to the best of your knowledge and belief.
3. The contract between you and us
3.1 You can apply to become a Seller by filling in the Seller application form that is accessible from the sell link at the top of our homepage. You will be required to indicate your acceptance of these terms and conditions prior to submitting your application. Following receipt of your application, We will notify you by email whether your application has been accepted. We reserve the right to refuse to accept applications to become a Seller in our absolute discretion.
3.2 If your application is accepted by Us, a contract will be formed between you and Us (the "Contract"). These terms shall apply to and be incorporated into the Contract and will prevail over any inconsistent terms or conditions contained or referred to in any purchase order, confirmation or acceptance of a quotation provided by you, or implied bylaw, custom, practice or course of dealing.
4. Our Services
4.1 We will use reasonable care and skill in providing our Services to you. We reserve the right to postpone access to Our Site for the purposes of maintenance or error-correction at any time without notice.
4.2 Upon becoming a Member, you will be asked to create a password and given access to a secure Seller log-in area of Our Site. You will also be entitled to pages on Our Site where you can tell users of Our Site ("Users") about your business and your Products, and advertise those Products for sale. It is your responsibility to populate your seller pages and keep the information on it up to date, as well as ensure you regularly check the notification emails that will get sent to you for key events (such as sales or product questions). You warrant that all information you put on your seller page is accurate and is not misleading in any way.
5. Sales using our site
5.1 Users may utilise the process offered on Our Site to purchase your Products from you. It is your responsibility to regularly monitor your page and your secure login area on Our Site to deal with sales to Users. You will only offer for sale Products that you have in stock and are capable of delivering to Users.
5.2 When a User completes the buying process on Our Site in relation to one of your Products, a binding contract is created between the User and you. You are required to perform that contract promptly and in accordance with all applicable laws,including if applicable but without limitation the Consumer Protection (Distance Selling) Regulations 2000. You are responsible for providing any User to whom you have sold Products all relevant information relating to the contract of sale including without limitation your terms of business and delivery information, and information about how (if at all) you will use any of their personal data.
5.3 All prices from products you list for sale on Our Site must be inclusive of any applicable VAT. Any delivery and/or packaging costs the User incurs through purchasing your Products should be provided and you will be able to add this separately to the main item price.
5.4 We reserve the right to remove Products for sale from Our Site which are not in accordance with these terms or in relation to which you have not complied with these terms, or for any other reason we deem fit at our discretion.
5.5 You acknowledge that We provide both marketplace and social features which include profile systems and the ability for Members to 'follow' each other for show affection for your products in social activity streams. You acknowledge that We are not and will not be a party to any contract that may come into existence between you and any User that purchases your Products or who you may otherwise meet or come into contact with through Our Site. Subject to clause 11.3, We will not be liable for any loss or damage suffered by you as a result of your dealings with any User or any person, firm or company you have come into contact with through Our Site. You will indemnify Us against all costs, claims, damages and losses that may arise out of your dealings with Users.
5.6 We cannot give any undertaking or warranty in relation to Users generally (including without limitation as to their ability or willingness to pay for your Products). Furthermore, We cannot guarantee any amount of business for you as a result of your use of our Services and Our Site.
5.7 We cannot give any undertaking or warrant (not will we provide any adjudication for) Products that are lost in transit. You acknowledge that it is your responsibility to ensure that suitable and reliable shipping methods are used and that such shipping methods are clearly communicated to anyone who purchases your Products. You acknowledge that if any items are lost in transit that you may still be subject to the fees outlined in 7. You acknowledge that if items are lost in the post then you are responsible for contacting the buyer of those products and ensuring the matter is reasonably and amicably settled either by offering refunds, re-posting items, or if this is not the case then making sure that sellers were aware of your shipping terms prior to sale.
5.8 All Intellectual Property Rights on or in relation to Our Site or Services belong to Us or our licensors. In particular, but without limitation, all material on Our Site is protected by copyright laws and treaties around the world. All such rights are reserved.
5.9 We aim to update Our Site regularly, and may change the content at any time. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.
6. Member Obligations
6.1 You will:
(i) Respond promptly to requests from Users ensuring that you monitor email notifications on your chosen email address (the one used upon becoming a Seller) and respond only via Eco Markets own internal message system;
(ii) Maintain such insurance cover for your business as is required by law and reasonable prudence;
(iii) Provide Us with such information in relation to the Services as We may reasonably request, and cooperate with Us in all matters relating to the Services.
(iv) Not sell any Products on Our Site which could deemed by a reasonable person to be un-ethical in nature, nor mislead or attempt to mislead either Us or our Users as to the quality and nature (including the ethical quality and nature) of your Products. Not to mislead either Us or our Users as to the ethical credentials or certificates you have obtained that you will be able to display with your Product listings.
(v) Not to sell alcohol on the site unless you have all the necessary valid and up to date licenses to sell alcohol both within your own country and for any countries that you intend to sell alcohol in.
(vi) not infringe any law or third party intellectual property rights in your use of, or activities in relation to, Our Site. You will not sell or attempt to sell any Products on Our Site which breach any law, third party rights or public decency.
(vii) You will aim to dispatch Products that have sold as quickly as possible and within the estimated delivery time that you set up when listing the product for sale on Eco Market.
7.1 You will pay to Us a commission fee for the sale of Products that you have offered for sale on Our Site (the "Sale Price Fee") which is currently due only for Products that sell on Our Site. This Sale Price Fee is inclusive any postage or shipping costs you have listed with your Product. The total fee due by Sellers for each Product ("Fees") will be calculated as the total Sale Price Fee combined with the total Listing Fee (regardless of whether the Product sells or not) multiplied by our current commission rate ("Commission Rate"). Our commission rate is currently 10%. You accept that We reserve the right to change the Commission Rate, Sale Price Fee or Listing Fee at any time and that in such an occasion we will give written notice to all registered Sellers via email giving a minimum of 7 days notice before any changes become into effect.
7.2 In order to receive your payment for an order placed on Eco Market, which will be calculated as the full amount minus Our 10% commission, the following conditions apply:
(i) You must mark the order as dispatched via Eco Market. To do this you met log into your 'my account' area and go to the 'Sold' tab then see the 'Awaiting Shipping' sub tab. This will show you a list of all the items that have not been dispatched yet and (using the gear icon) you can mark these orders as dispatched. You are required to mark items as dispatched promptly after you post items (whereby the User who bought your product will be notified via email) and doing so promptly will affect how well we promote your product across the site and also will also affect a shipping record score that we make available publically. You must under no circumstances ever mark orders as dispatched if this is not the case (in the case of a refund, you can initiate a refund using the gear icon also without marking the product as dispatched).
(ii) 14 days must have passed.
(iii) A User who has published your product must not have raised a complaint about the order. In such a case We may, at our complete discretion, extend the time period in 7.1 (ii) indefinitely.
If any of the conditions listed above have not been met then we reserve the right to both withhold your full payment and to automatically issue the customer with a full refund.
7.3 Our Site uses an external third party payment processing company, PayPal ("Payment Processor") to process payments from Products sold and to then pass on this payment to our Sellers (minus any commission) governed by the terms in 7.2. In order to Sell on Eco Market you must have a valid and active PayPal account (which can be obtained for free at www.paypal.com) and must have entered your PayPal email address into Our 'my account' area under the 'Stall', 'Payment' section. you are required to keep this information up to date and to ensure that the PayPal email address you entered is valid at all times.
The payment that you receive for an order may be subject to additional fees that PayPal will charge to receive payments, and you acknowledge that we have no control over nor accept any liability to any damage caused by such fees which may change at any time. You are responsible for ensuring you are aware of such fees and if doubt should contact PayPal to discuss any matter surround this.
You are responsible for making yourself aware of any terms and conditions that apply to you through use of such Payment Processors, and recognise that We have no control over nor accept any liability to any damage caused by such terms and conditions. You accept that the method in which payments between Members are exchanged on Our Site, (including but not limited to which Payment Processors are used) may change without any prior notice.
You accept that the method in which payments between Members are exchanged on Our Site, (including but not limited to which Payment Processors are used) may change without any prior notice.
7.4 We reserve the right to charge VAT on top of the 10% commission rate listed in 7.2 when applicable. Currently We do not charge VAT.
7.5 Under no circumstances will you carry out any practise on Our Site that could be recognised as trying to avoid or evaid the fees outlined in 7. You recognise that such fee avoidance will result in temporary or permanent banning of your membership on Our Site. Examples of practises that may be recognised as fee avoidance are (but not limited to):
(1) Posting contact information (including but not limited to website URLs, email addresses and telephone numbers) on any areas of Our Site where buyers may purchase items directly or indirectly via the use of such information and thereby avoiding the agreed fees from 7. which would be incurred if the buyer was to purchase the items on Our Site.
(2) Using your username from our site or shop name to contain external contact information (such as website URLs, company names, and other such information)
(3) Using the private messaging systems within Our Site to advertise external shop information or encourage members in any way to purchase items anywhere outside Our Site
(4) Using any image upload facilities on Our Site to advertise full registered company names, website URLs or other such contact information.
(5) Using combinations of characters that could be represented as using as contact information for example using "(at)", "[at]" or "at" to represent the "@" sign from an email address or other similar character representations.
7.6 As mentioned in 5.1 you are responsible for ensuring that your stock levels for Products listed on Eco Market are kept up to date at all times so that customers cannot mistakenly buy items that are not in stock. In the event of this happening you will be able to process a refund (and should not mark the item as dispatched), see 7.7 for governance on refunds. If Eco Market deems that you are issuing an unreasonable amount of refunds due to products being out of stock (which is a decisions made at Eco Markets complete discretion) then we may suspend or permanently ban your Membership on the site and unpublish your shop and all of its Products.
7.7 Refunds may be issued through Eco Market within 14 days of a product being sold. You should only issue refunds for products though Eco Market and never through our Payment Processor directly. To do this you must log into you 'my account' area and find the order in question in the 'Sold' tab. You can (by selecting the gear icon on that order) issue a refund to the customer and all fees outlined in 7. will be refunded to you. Aside from ensuring your issue a refund within 14 days, Eco Market does not govern your refunds policy for faulty items, items lost in the post or other such items, but we do ask Sellers to ensure a reasonable policy is offered. This can be communicated to customers by filling our your policy on this in the 'my account' area of the site.
8. Postings on Our Site
8.1 When using Our Site or posting any message, information or other material, including without limitation audio or visual material and information about Products for sale ("Material"), you will comply with the provisions of this clause 8. You will indemnify Us against any losses arising from your breach of this clause 8.
8.2 We disclaim all liability and responsibility arising from any reliance placed on the Material posted on Our Site by any you or any User.
8.3 Any Material you upload to the public areas of Our Site (other than your chosen site password which you may upload during registration to Our Site) will be considered non-confidential and non-proprietary. You warrant that any such Material:
(1) will not contain any obscene, defamatory, abusive,threatening, or harassing material, or any pornographic, seditious, or blasphemous material or any material liable to incite racial or religious hatred;
(2) will not breach any legislation or applicable law;
(3) will not infringe any third party intellectual property rights; and
(4) (in relation to Material either sent to other Users or posted on the public areas of Our Site) will not contain or constitute unauthorised commercial communications, or "spam".
8.4 We have the right to disclose your identity to any third party who claims that any Material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or their right to privacy. We reserve the right to remove any Material from Our Site which breaches any part of this clause 8
9. Viruses & hacking
You must not misuse Our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
10. Service availability & Security
10.1 Our Site is made available on an "as is" basis. We cannot and do not warrant that Our Site will be permanently available or error-free.
10.2 If you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by Us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
10.3 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection and/or using your Member details, are aware of these terms, and that they comply with them.
11. Our liability
11.1 Subject to clause 4.1, all conditions, warranties and other terms which might otherwise be implied by statute, Common Law or equity are hereby excluded.
11.2 Our liability for losses you suffer as a result of Us breaching any term of the Contract is strictly limited to the total Fees actually paid by you in the six month period immediately preceding the date ofthe breach.
11.3 Nothing in these terms and conditions will operate to exclude or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 For fraud or fraudulent misrepresentation; or
11.3.3 For any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
11.4.1 loss of income or revenue
11.4.2 loss of business
11.4.3 loss of profits or contracts
11.4.4 loss of anticipated savings
11.4.5 loss of data
11.4.6 waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 We are not responsible or liable for any lack of access to Our Site as a result of maintenance work to Our Site. We will endeavour to provide Users and Members with reasonable notice of any maintenance work that may restrict access to Our Site.
12.1 Without prejudice to any other rights or remedies which the parties may have, any party (the "Terminating Party") may terminate the Contract immediately on giving notice to the other (the "Breaching Party") if:
12.1.1 the Breaching Party commits a material breach of any of the terms of the Contract and (if such breach is remediable) fails to remedy the breach within 14 days ofbeing notified in writing of the breach;
12.1.2 the Breaching Party becomes the subject of any Insolvency Event.
In this clause 12, "Insolvency Event"means, in relation to a party, its insolvency (including without limitation its being put, voluntarily or otherwise, into liquidation, administration or receivership or their equivalent under the laws of the territory in which the party is incorporated) or the proposal or approval of a voluntary arrangement or the occurrence of any event or circumstance which would entitle a Court or acreditor to (a) appoint a liquidator, administrative receiver, administrator or receiver; and/or (b) lawfully present a winding up petition or make a winding up order in accordance with the laws of the territory in which the party inquestion is incorporated.
12.2 On termination of the Contract for any reason, your rights to use our Services and Our Site will immediately terminate. We will be entitled to invoice you for any Fees that have arisen and you will pay such Fees and any other outstanding invoices in accordance with our payment terms in clause 7. The accrued rights of the parties as attermination and the continuation of any provision expressly stated to surviveor implicitly surviving termination shall not be affected.
12.3 Without prejudice to any other rights or remedies, We reserve the right to suspend your access to Our Site and Services at any time upon a breach by you of any of these terms and conditions
13. Written communications
When using Our Site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to Us must be given to Liam Patterson at Eco Market, Suite 107, Crown House, 94 Armley Road, Leeds,LS12 2EJ. We may give notice to you at either the e-mail or postal address you provide to Us when registering as a Member, or in any of the ways specified inclause 13. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The Contract between you and Us is binding on you and Us and on our respective successors and assigns. The Contract is not intended to benefit, or be enforceable by, anyone else. You may not transfer, assign, change or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign,charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 Neither party will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control ("Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond a party's reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attackor threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks.
16.3 Performance under the Contract by the party affected bythe Force Majeure Event (the "FM Party") is deemed to be suspended for the period that the Force Majeure Event continues, and the FM Party will have an extension of time for performance for the duration of that period. The FM Party will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contractor any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by Us of any default shall not constitute awaiver of any subsequent default.
17.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
20. Data Protection
20.1 Your personal data (as the same is defined in the Data Protection Act 1998) acquired by Us will be processed by Us or on our behalf in connection with the Services and may be used by Us for marketing other similar services to you.
20.2 You acknowledge that your Personal Data may be provided by Us to Users who wish to contact you in relation to your products, as envisaged by Our Site, and you consent to the same.
21. Law and jurisdiction
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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