IMPORTANT. IF YOU WISH TO LIST ITEMS OR ADVERTISE ON YOUR COMMUNITY PAGES IN THE COURSE OF A TRADE PROFESSION OR BUSINESS THESE TERMS WILL NOT APPLY TO YOU.
THESE TERMS ONLY APPLY TO TRADES, ADVETRTISEMENTS AND GIFTS BETWEEN MEMBERS OF THE SAME COMMUNITY NOT ACTING IN THE COURSE OF A BUSINESS TRADE OR PROFESSION.
THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008 MAY APPLY WHERE A MEMBER SUPPLIES GOODS OR SERVICES IN THE COURSE OF A BUSINESS. IT IS ILLEGAL FOR A TRADER TO CLAIM TO BE A PRIVATE SELLER.
1.1We may provide you, as a member of a community on our site, with a venue within your community pages to list items that you wish to either give away or sell and for others to view them. We are not involved in any resulting transaction between users. We simply serve as a venue in which members of a community may engage in transactions with one another.
1.2We do not at any time possess, own or offer any items listed for sale, gift or rental.
2.1 Anyone wishing to list an item must comply with our Listings Policy and our Interactive Services Policy.
2.2 It is the responsibility of anyone listing an item to ensure that they accurately describe the item. It is the responsibility of anyone interested in obtaining listed items to raise any questions they may about the item and make their own informed decision as to whether the item is suitable. We request this of our users due to the fact that we are not involved with the actual transactions ourselves.
2.3 If you list or advertise items on our site you agree that:
(a)you will comply will all applicable laws, rules, regulations, codes of conduct and policies relating to your listing or advert; and
(b)you agree that we will not be involved nor party to any contract formed between you and your customers. We merely provide you with a venue to list or advertise.
(c)you will indemnify us (that is to compensate us), and to keep us indemnified, against all losses or liabilities (including, without limitation any direct or indirect consequential losses or loss of profit and loss of reputation, damages, claims, demands, proceedings, costs, expenses, penalties, legal and other professional fees and costs) which may be suffered or incurred by us and which arise directly or indirectly in connection any breach by you of clauses 2.3(a) or 2.3(b) above.
2.4 We do not oversee any part of the transactions made between users. We therefore cannot guarantee that a seller will supply the listed item, regardless of whether the item has been paid for. Likewise we cannot and do not guarantee that a buyer can or will buy an item. We do not get involved with disputes between members of a community and we do not provide refunds unless we are at fault.
2.5 We are not responsible for ensuring that listed items are genuine.
2.6 Sometimes users may arrange to meet one another to pass items transacted via this venue. We urge you to ensure your own safety at all times. We cannot guarantee the identity of other users and we are aware that identity fraud is commonplace on internet sites. By agreeing to buy an item you accept this risk and agree to take appropriate measures to ensure your safety and the safety of others. This may mean meeting in a public place at a busy time to deliver an item, after making all necessary enquiries.
2.7 We strongly recommend that minors and vulnerable persons do not, under any circumstances, meet with anyone who they make contact with on this site and we ask other members to not encourage this.
2.8 Views and opinions expressed by a user are the views and opinions of that user and do not necessarily represent our own.
Listings
3.1 We provide individual users with a venue to list items within their community, without charging them directly.
3.2 At the time you list the item you will have the option to either give away the item for free, charge a price for it which you will keep or charge a price for the item and donate some or all of that to your community.
3.3 If you decide to sell an item for a sum of money that you are going to keep, you will be given a choice of payment methods including an option to hand the item over in person for cash. We will not charge you for any money that you keep as a result of selling items on our site. Likewise we will not charge you for using our site to give away items for free.
3.4 You may decide to sell an item and donate part or all of the sale price to your community as a donation towards their specified cause. Your community shall be responsible for specifying a cause or stating what these donations will be used for. If you donate your proceeds of sale to your community you will need to select one of the payment methods that we specify on our site. The portion that you choose to donate to your community will then be transferred to the community when the buyer pays. We may receive a payment from the community for providing our services, based on a percentage of all money paid to the community in this way.
3.5 We may use a third party such as Paypal to collect money and transfer it to your community. The third party may charge a fee for this. We cannot be liable for any default by a third party provider. Any dispute must be resolved between you and them.
4.1 Refunds are a matter for a buyer and seller to sort out between themselves. We do not get involved in disputes between members in their capacity as buyers and sellers.
4.2 We do not refund donations made to your community once they have been made and in using this site you agree to waive any right you may have to any donations made to your community.
IMPORTANT. PLEASE READ THIS CLAUSE 5 CAREFULLY. IT SETS OUT THE MAXIMUM LIMIT OF OUR LIBAILITY AND EXCLUDES LIABILITY FOR CERTAIN THINGS. DO NOT ACCEPT THESE TERMS UNLESS YOU HAVE READ AND AGREE TO ALL OF THESE LIMIITATIONS AND EXCLUSIONS.
5.1 Subject to clause 5.4, our liability for any losses suffered by you or any third party arising out of or in connection with our contract with you or your use of our site as a venue (including any liability for the acts or omissions of our employees, agents and subcontractors), whether arising in tort (including negligence), misrepresentation or otherwise shall be NIL. You agree to this and accept that it is fair given that we are providing you with a venue for free.
5.2 Subject to clause 5.4, we will not be liable for losses that result from our failure to comply with these terms that fall into the following categories even if such losses result from our deliberate breach:
5.2.1 loss of income or revenue;
5.2.2 loss of business or contracts;
5.2.3 loss of profits;
5.2.4 loss of the use of money or anticipated savings;
5.2.5 loss of or damage to or corruption of data or information;
5.2.6 loss of opportunity, goodwill or reputation;
5.2.7 waste of management or office time; or
5.2.8 any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
However, this clause 5.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by sub-clauses 5.2.1 to 5.2.8 inclusive of this clause 5.2
5.3 These terms set out the full extent of our obligations and liabilities in respect of us providing you with a venue. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as required by law. Any condition, warranty, representation or other term concerning the our providing you with a venue which might otherwise be implied into, or incorporated in, these terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
5.4 Nothing in these terms shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
5.5 You acknowledge that there may be occasions when our site or part of it is inaccessible or undergoes maintenance and that such circumstances shall not constitute breach of our contract with you and that we will not be liable to you for any loss in such circumstances.
6.1 You acknowledge that all intellectual property rights in the site belong to us, that any rights we may grant you to use our site as a venue are licensed (not sold) to you, and that you have no rights in, or to, the site other than the right to use it in accordance with these terms.
7.1 The venue that we provide you with on our site is provided on an ‘as is’ basis without warranty of any kind, save as required by law.
7.2 You acknowledge that our site and venue have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions provided within our site and venue meet your requirements.
7.3 You acknowledge that our site may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of our contract with you.
8.1 All notices given by you to us must be given to Jumblebee Limited at contact@jumblebee.co.uk. We may give notice to you at either the e-mail or postal address you have provided to us. 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.
9.1 Applicable laws require that some of the information or communications we send to you should be in writing. 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. This condition does not affect your statutory rights.
Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our contract with you that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 impossibility of the use of public or private telecommunications networks; and
10.2.2 strikes, lock-outs or other industrial action;
10.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.5 the acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under our contract with you 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 our contract with you may be performed despite the Force Majeure Event.
10.4 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under that contract terms or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under that contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
10.5 A waiver by us of any default will not constitute a waiver of any subsequent default.
10.6 No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the clause headed “Notices” above.
10.7 If any of these terms 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.
10.8 These terms are all of the terms and conditions that shall relate to our contract with you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of our contract with you.
10.9 We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms.
10.10 Our contract with you 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) will be governed by English law. Any dispute or claim arising out of or in connection with such contract or its formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Version date: 29 November 2011
