SHOPFAIRUK.COM (“SHOP FAIR”) WEBSITE TERMS AND CONDITIONS (“T&Cs”)
Welcome to our website www.shopfairuk.com by accessing our website you are agreeing the following terms and conditions, which designed to make sure that customers web experience are safe, secured, and trustworthy and shopfair works for everyone. Shopfair is operated as a trading name and provided by SHOP FAIR UK Ltd, Registered office: 112-116 Whitechapel Road, London, E1 1JE, United Kingdom, a private limited company limited by shares, company registered in England and Wales. This policy of terms is effective from September 30th, 2011. The user agreement constitutes a legally binding agreement between you (customer) and shopfair. Some shopfair sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
This terms and conditions are applied to the service or services available from the domain and sub-domains of www.shopfairuk.com provided for United Kingdom (UK).
1.1 Using shopfairuk.com
As a condition of your use of Shopfair you agree that you will not:
1.1a. violate any laws;
1.1b. post any threatening, abusive, defamatory, obscene or indecent material;
1.1c. be false or misleading;
1.1d. infringe any third-party right;
1.1e .distribute or contain spam, chain letters, or pyramid schemes;
1.1f. distribute viruses or any other technologies that may harm Shopfair or the interests or property of Shopfair users;
1.1g. impose an unreasonable load on our infrastructure or interfere with the proper working of Shopfair;
1.1h. copies, modifies, or distribute any other person's content without their consent;
1.1i.use any robot spider, scraper or other automated means to access Shopfair and collect content for any purpose without our express written permission;
1.1j.harvest or otherwise collect information about others, including email addresses, without their consent;
1.1k.Bypass measures used to prevent or restrict access to Shopfair;
1.1l.You are solely responsible for all information that you submit to Shopfair and any consequences that may result from your post.
1.1m. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breeching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
2.1 Abusing Shopfair:
2.1. a.Shopfair and the Shopfair community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
2.1.b.Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Shopfair if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Shopfair or not, we do not accept any liability for monitoring Shopfair or for unauthorized or unlawful content on Shopfair or use of Shopfair by users.
3.1 Global Marketplace
3.1. A. At present shopfair is operating in England and Wales under the company act 2006.
3.1.B. If we operate our business in global market place then the terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.
4.1 Fees and Services
Using Shopfair is generally free for all but in certain and specific services for our clients we may charge some insertion fees. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Shopfair contains content from us, you, and other users. Shopfair is protected by copyright laws and international treaties. Content displayed on or via Shopfair is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Shopfair without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Shopfair. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Shopfair (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Direct Communication with Customers
Get in touch with potential consumers instantly through our personalized services.
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Shopfair by private individuals in the UK. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Shopfair.
7.1 Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and fax it to Shopfair. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Shopfair to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Shopfair via the e-mail address provided.
Note: This form can only be used by the lawful owners of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can get Help using Shopfair Help.
8.1.A Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
8.1.B We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Shopfair comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
8.1.C In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
8.1.D We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
8.1.E Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Gumtree, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
8.1.F Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
9.1 Personal Information
By using Shopfair, you agree to the collection, transfer, storage and use of your personal information by Shopfair on servers located in the United Kingdom You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.
10.1 Resolution of disputes
If a dispute arises between you and Shopfair, we strongly encourage you to first contact us directly to seek a resolution by going to the Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation
11.1 Legal disputes
If a dispute arises between you and Shopfair, we strongly encourage you to first contact us directly to seek a resolution by going to the Shopfair customer services by providing information through Help Button or contacting directly to our customer services team .We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales.
12.1 important Legal Notice
This page tells you the terms and conditions on which we provide our services (“Website Terms”). Please read these Website Terms carefully before ordering any products from our Website. You should understand that by ordering products via the Website, you agree this Website Terms.
Please click on the button marked “I Accept” at the end of these Website Terms if you accept them. Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.
13.1 Additional terms
13.1. B If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
13.1. C. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
13.1.D. You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
14. 1Your Status
14.1 By placing an order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
15.1 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. 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. This condition does not affect your statutory rights.
16.1 Events outside Our Control
16.1. A We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
16.1. B Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(i) strikes, lock-outs or other industrial action;
(ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(v) Impossibility of the use of public or private telecommunications networks; and
(vi) The acts, decrees, legislation, regulations or restrictions of any government.
16.1. C. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms and conditions 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.
18.1 Entire Agreement:
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.