PARTIES & RECITALS
A This is a legal agreement between you ('You') and Freebee ('We/Us') whose office is 1 High Street, Knaphill, Woking, Surrey, GU21 2PG.
B These terms and conditions ('the Terms and Conditions') govern the use of the www.freebee.co.uk ('Our Site').
1. Definitions
In these Terms and Conditions, unless the context otherwise requires:
1.1 Buyer
means a Member of Our Site who is seeking Goods to purchase;
1.2 Category
means the grouping of the Goods for ease of use by Members;
1.3 Donor
means a Member of Our Site who is placing Goods on Our Site for the intention of onward sale;
1.4 Goods
means the items placed for sale on Our Site by the Donor;
1.5 Intellectual Property Rights
means patents, rights in design, trade marks, trading, business or domain names and e-mail addresses, copyrights (including any such rights in typographical arrangements, Websites or software) whether registered or not and any applications to register or rights to apply for the registration of any of the foregoing, rights in inventions, know-how, trade secrets and other confidential information, rights in databases and all other intellectual property rights of a similar or corresponding character which subsist now or in the future in any part of the world;
1.6 Member
means potential Donors or Buyers who have completed the online registration process on Our Site;
1.7 Our Services
We provide a host service for the online donation and re-purchase of usable Goods with the intention of reducing waste in the community and donating profits to environmental charity of our choice;
1.8 Payment
To be made to Us by the Buyer through the Paypal online payment system;
1.9 Trade Marks
means any of Our trade marks, names and logos depicted on Our Site;
1.10 Website
means pages or a related group of pages linked together using the hypertext transfer protocol ('http');
1.11 Your User IDs and Passwords
means the user identification and passwords produced as a result of the registration process to become a Member of Our Site;
1.12 Your Information
means personal information provided by Members throughout the registration process to include contact details.
2. Membership and User ID
Our Services are only available for persons aged 18 years or over. It is Your responsibility to ensure maintenance of the secrecy of Your User IDs and Passwords. You are solely responsible for any use or misuse of your User IDs and Passwords.
3. Cost of use of Our Site
Donors can place adverts on Freebee, at no cost, for items which they wish to give away. Browsers can view all items which are available without incuring a cost. However, in order to unlock donor contact details for all items browsers will have to pay a fee of £5 to Freebee using the secure Paypal system which is provided on the website.
4. Listing and description of goods for sale
4.1 If you are a Donor, it is Your responsibility to ensure that You are legally able to put up for sale the Goods and it is legal to sell such Goods to residents of the Buyer's jurisdiction.
4.2 The description you as a Donor provide on Our Site must correspond accurately to the Goods being sold and any pictures, text or other content of the Goods must be relevant to the Goods themselves. It is also you responsibility as the Seller to list the Goods in the appropriate Category.
5. Your obligations
Use of Our Site constitutes acceptance of the Terms and Conditions within this agreement which will take effect when you first use Our Site. We may update the Terms and Conditions at any time by posting an updated version on Our Site. Any updated Terms and Conditions will govern new user registrations from the date that they are posted on Our Site. You agree to periodically review the Terms and Conditions section of Our Site and your continued use of Our Site after posting shall constitute your acceptance of the amended terms.
6. Our obligations
Our Site may contain links to other Websites. These Websites are not under our control and are not maintained by us. These links are provided on an 'as is' basis and we accept no responsibility for the content of the information provided within them.
7. Removal of unwanted submissions
We have the right to remove any unwanted submissions at our discretion, should We deem this necessary in order to maintain the standards of Our Site.
8. User information and data transfer
You are responsible for the information you put on to Our Site and must ensure that it is not:
8.1 inaccurate , misleading or false
8.2 involving the sale of goods appropriated through illegal or fraudulent channels
8.3 infringe the Intellectual Property Rights of any third party
8.4 likely to cause functionality problems for Our Site, for example loss of efficiency or damaged functionality
9. No manipulation
9.1 You may not:
9.1.1 manipulate the price of any goods offered through Our Site or use any decoy, alias or false offers.
9.1.2 disrupt or interfere with another site user's participation on Our Site
10. Intellectual Property Rights
You acknowledge and agree that all Intellectual Property Rights in Our Site and its content and the Trade Marks vest and shall always remain in Us or in Our respective licensors and that You have no right, title or interest in or to such Intellectual Property Rights other than as expressly set out in these Terms and Conditions.
11. Termination of access
We have the right to terminate, limit or suspend Your access to all or any part of Our Site, with or without notice, for any reason, if We consider that You have in any way conducted yourself in a violation of any of the Terms and Conditions or is harmful to the interests of another user, any third party or Us.
12. Disclaimer of liability for content
12.1 We provide Our Site on an 'as is' basis. No representations or warranties of any kind are made with respect to Our Site or its contents and We disclaim all such representations and warranties. Additionally, We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in Our Site. The information contained in Our Site may contain technical inaccuracies or typographical errors. All of Our Liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
12.2 Neither Us nor any of Our employees or other representatives will be liable for loss or damage arising out of or in connection with the use of Our Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss if or damage to property and claims of third parties.
12.3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
13. Indemnity
You shall indemnify and hold Us harmless from and against any and all liabilities, losses, damages, costs and expenses in relation to any claims or actions brought against Us (including, any claim in contract, tort or defamation, obscenity or breach of privacy) based on or resulting from any breach by You of the terms of this.
14. Availability
Although we control the website as efficiently as possible we are not in control of the removal of adverts once an item has been collected, this is the responsibility of the donor. Freebee therefore is in no way responsible for the occasional situation which occurs when a paying browser contacts a donor and finds that the item of interest to him has already been collected.
15. Notices
Unless otherwise stated, notices to Freebee should be sent by email to support@freebee.co.uk. Notices to You will be sent to the email address provided by You to Us upon Membership registration on Our Site.
16. Entire agreement
These Terms and Conditions embody and set forth the entire agreement and understanding of the parties and supersedes any prior oral or written agreements, understandings or arrangements relating to the subject matter of this agreement. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these Terms and Conditions save for any representation made fraudulently.
17. Exclusion of third party rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no person other than the parties to these Terms and Conditions shall have any rights under them, nor shall they be enforceable under the Act by any person other than the parties to them.
18. Governing law and jurisdiction
18.1 These Terms and Conditions, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms and Conditions or their formation, shall be governed by and construed in accordance with the laws of England and Wales.
18.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with these Terms and Conditions and to enforce any judgment against their respective assets.
18.3 We make no warranty that the content of Our Site complies with the laws of other countries or may be lawfully accessed by persons outside the United Kingdom. Where access to Our Site by certain persons or by persons from within certain jurisdictions would be unlawful, those persons access Our Site at their own risk and are solely responsible for compliance with the laws of that jurisdiction.
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