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  Terms and conditions of use

INTRODUCTION

The user agreement below provides for the terms and conditions of access and use of this website for all buyers and sellers. You must read and accept all of the terms contained below if you wish to use any of the services in this site. By accessing the services and website in any manner whatsoever you are agreeing to be bound by the terms of this User Agreement.

If you have any queries or problems or require any general advice concerning our service, please contact us via the site and complete the required form online.

1.      ELIGIBILITY

2.      REGISTRATION

3.      USER ID AND PASSWORD

4.      USER RESTRICTIONS

5.      SELLER’S RESPONSIBILITIES

5.1    Legality

5.2    Fraud

5.3    Advertisements

5.4    Binding Contract

6.      BUYER’S RESPONSIBILITIES

6.1    Legality

6.2    Fraud

6.3    Binding Contract

7       FEES AND CHARGES

8       TERMINATION

9       LIABILITY

10     SHOPPERSLOUNGE.COM IS ONLY A VENUE

11     DISCLAIMER

12     INDEMNITY

13     LINKS

14     GOVERNING LAW

USER AGREEMENT

BETWEEN

SHOPPERSLOUNGE.COM (referred to as “we”, “us”, “our”)

and

USER (referred to as “you”, “your”, “seller”, “buyer”)

 

1.      ELIGIBILITY

1.1    You must be aged 18 years or over in order to be eligible to register and use shopperslounge.com website (hereinafter referred to as the “site”). Anyone under the age of 18 years may not under any circumstances use the services. If you register with shopperslounge.com you represent that you are over 18 years of age.

1.2    Any individual, business or corporation is permitted to use this site whether as buyer or seller.

1.3    If you register a business or corporation you warrant that you have the authority to bind such business or corporation to this User Agreement and to any contract entered into with a buyer or seller via our site.

1.4    We reserve the right in our sole discretion to refuse access to or use of our site to anyone at any time and are under no obligation to provide you with reasons.

 

2.      REGISTRATION

2.1    Whilst visitors to the site are permitted to browse this site for free and without registering, it is necessary to register and create a User Account to use our services.

2.2    To register, you must provide your name, address, telephone number and email address and other information that we may request in order to confirm your identity.

2.3    You warrant that all information provided by you during registration is true, accurate and current and relates to your personal ID.

2.4    You also warrant that you are not registering in any misleading, false or inaccurate details nor the details on behalf of a third party.

2.5    If you have made a mistake in entering any information during registration you must notify us and amend under the My Profile link in your shopperslounge.com account.

 

3.      USER ID AND PASSWORD

3.1    During registration you will be asked to create a User ID and Password to create your account and to identify yourself in future visits to the site.

3.2    Your User ID is visible to other Users. You must not choose a User ID that is obscene, threatening, racist, sexist, derogatory, menacing or offensive in any way.

3.3    We are permitted to reject and prevent the use of your User ID if in our sole discretion we are of the opinion that it is inappropriate.

3.4    You are solely responsible for maintaining the confidentiality of your User ID and Password. You must under no circumstances disclose this to a third party and take necessary precautions to safeguard the details. We shall take no responsibility for the misuse of your User ID and Password.

3.5    Your User ID and Password may only be used to access this site and enter into transactions with other Users.

3.6    If your Password is compromised it is your responsibility to protect security by changing your Password.

3.7    We may change your User ID and Password from time to time. This may be necessary for security reasons. In such cases you will be notified via email to the email address provided during registration and will enable you to amend your User ID and Password.

3.8    We reserve the right to de-activate your account in our sole discretion.

 

4.      USER RESTRICTIONS

4.1    Our services may only be used for lawful purposes and by using this site you agree not to use the site in any manner that violates or proposes any illegal or unauthorised transactions in the United Kingdom or anywhere in the world.

4.2    You should not assume that any of the goods or services being provided by any User of this site is legal in all jurisdictions. We are not able to monitor all our Users or the laws of all countries.

4.3    We do not warrant to you that all goods and services provided by our Users are legal in your jurisdiction and neither do we approve or validate any such transaction.

4.4    Users must not :-

4.4.1 Post or transmit any communications or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit materials, invasive of another’s privacy, disruptive to the site, hateful, sexist or racially, ethnical or otherwise objectionable, or contains any form or reference to child pornography;

4.4.2 Falsify or disguise any communications through the site;

4.4.3 Post or transmit any unsolicited or unauthorized advertising, promotional materials, including “junk mail”, “chain letters”, “spam” or any other form of solicitation.

4.4.4 Disrupt or interfere in any way whatsoever with the operation of shopperslounge.com;

4.4.5 Violate any applicable law in any local jurisdiction including but not limited to the infringement of patents, trademarks, trade secrets or any other intellectual property rights of any party;

4.4.6 Collect or store any personal data relating to other Users of shopperslounge.com;

4.4.7 Upload, post, email or transmit any software that contain viruses, illegal computer codes, files, worms, or programs that are designed to interrupt, damage or destroy computer, electronic equipment, system or data or in any way affect the operation of this site.

 

5        SELLERS RESPONSIBILITIES

5.1     Legality

5.1.1  You must have legal authority to sell goods and services being offered via shopperslounge.com and must not offer to sell goods and services that are illegal, counterfeit or stolen items and nor which in our sole opinion is obscene or indecent or contains any form of child pornography. You are responsible to authenticate any products you sell. Submitted products must be legal in the entire target region. For example, items submitted to Shoppers Lounge US must be legal in the entirety of all 50 states.

5.2     Fraud

5.2.1  By registering with our site you warrant that you are not engaged in any fraudulent activity whether in relation to provision of goods or services offered via this site or in relation to goods and services offered by you otherwise in the ordinary course of your business. We have the right to terminate your account if we become aware of any reasonable grounds to suspect that you are or have conducted any fraud whether or not any such fraud has taken place in relation to a transaction completed via our site.

5.3     Advertisements

5.3.1  You must use reasonable care and skill in describing your goods or services and must accurately describe your goods and services. Failure to do so could be fraudulent and subject you to civil or criminal liability in addition to amounting to a breach of this Agreement. You may be held liable for misrepresentations or omissions which induce buyers to purchase goods or services from you. As a seller you must be responsible for complying with applicable laws in the buyer’s jurisdiction in which you intend to supply goods or services to such buyer. In the event of your failure to comply with this clause, shopperslounge.com has the right to terminate your account as a seller.

5.3.2   Your listing description must accurately describe the goods or service you want to sell or swap. Make sure to include valuable information in your description, such as any key features and specifications. Keep it brief and to the point. Linking to or providing a URL address of pages containing explicit, obscene, illegal activities or vulgar language is strictly prohibited. The content of your listing is your responsibility, including compliance with all laws, intellectual property rights, trade mark rights and copy rights. We reserve the right to review, edit, delete or refuse any listing on our website at any time without providing a reason.

5.3.3  You may make corrections or amendments to your listed advertisements at any time by logging into your account - Up to 3 edits per advert.

5.3.4  Your listings will be advertised in accordance with the specifications provided by you. However, we may correct any typographical or other errors or omissions made by you or amend your advertisement to remove any words that we consider are unlawful, abusive, defamatory, vulgar, obscene, sexist or racist or we may refuse to publish your advertisement.

5.3.5   When listing your ad, pick the most appropriate and sub category to list in. Ads that are listed in the wrong category may be moved or removed without any notice. Any multiple listings of the same ad will be removed, including the original listing.

5.4     Binding Contracts

5.4.1  The term of contract for the sale of goods or services offered must be negotiated by you with the buyer directly.

5.4.2  As a seller you become legally and contractually obliged to provide your goods or services offered once you have accepted an offer from a buyer. You should not therefore accept any offer unless you are able to complete the transaction in accordance with the terms that have been represented by you to the buyer and you have agreed all the main terms for the provision of such goods or services.

5.4.3  If you fail to honour such obligation you will be in breach of this Agreement and in breach of the contract with your buyer.

 

6         BUYER’S RESPONSIBILITIES

6.1      Legality

6.1.1   It is your responsibility as a buyer who sought for goods and services to ensure that such goods or services advertised can be bought or imported into your own country and jurisdiction. You must not assume it is legal on the basis of representations made by sellers or simply by virtue of the goods or services being advertised on this site. It is your responsible to authenticate any products and services you buy.

6.2      Fraud

6.2.1   By registering with our site you warrant that you are not engaged in any fraudulent activity whether in relation to provision of goods or services offered via this site or in relation to goods and services requested by you otherwise in the ordinary course of your business. We have the right to terminate your account if we become aware of any reasonable grounds to suspect that you are or have conducted any fraud whether or not any such fraud has taken place in relation to a transaction completed via our site.


6.3
     Binding Contract

6.3.1   You will be obligate, save in exceptional circumstances listed in clause 6.4.2 below, to complete a purchase of goods or services from a seller when a seller accepts your offer. Therefore you should ensure that you have carried out all your enquiries with the seller to satisfy yourself that the seller is providing the goods or services as per your specification and in accordance with all the terms and conditions that you are prepared to agree to be bound by such as payment method, price, delivery etc.

6.3.2   You will be released from any contract with a seller in the event that a) the seller does not agree to the payment method as requested by you in your listing or b) you have been unable to authenticate the seller’s identity c) the transaction is prohibited by law or under this Agreement or d) there is a material mistake or typographical error in your advertisement which affects the terms of contract.

 

7.         FEES AND CHARGES

7.1       We may charge a fee to place a featured advert on our site. These ads are enhanced listings that maximizes your exposure on our website. All fees paid will be non-refundable in the event that your content / Advertisement(s) is removed from our site for violating our terms of use. Please see our Advertising Rates Policy which is incorporated by reference into this Agreement. We may amend the Advertising Rates Policy from time to time in the future after you have registered and set up your User Account with us and therefore you must regularly check for updates to the Advertising Rates Policy as this Agreement will always be subject to the latest Advertising Rates Policy in force from time to time.

 

8.         TERMINATION

8.1       We reserve the right in our sole discretion to terminate or modify this Agreement or terminate access to this site immediately without notice for any reason. We will not be liable to you for any loss you may suffer if we have to modify or terminate access to the site. If you do not agree to these rules you should cease use of the service.

8.2       We shall terminate your account and access to this site if we believe that you have acted inconsistently with the spirit or the letter of this Agreement or if you have violated or tried to violate the rights of other Users.

8.3       Upon termination of the Agreement you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.

 

9.         LIABILITY

9.1       Save for fraudulent misrepresentation or death or personal injury resulting from our negligence we will not be liable for any economic loss suffered by you of any kind (including but not limited to loss of profits, loss of business, lost discounts, damage to business, reputation or goodwill) howsoever arising in relation to the use of this site under this Agreement.

9.2       Our comprehensive limitation of liability applies to all losses and damages of any kind whether in contract, negligence or tort (whether direct, indirect, incidental, punitive, and consequential) even if an authorised representative of shopperslounge.com has been notified in advance or should have foreseen the possibility of such damage.

9.3       This limitation of liability may not apply in some jurisdictions. If any part of this limitation is found to be unenforceable for any reason then the aggregate liability of shopperslounge.com under such circumstances shall be limited to GBP £50 or total amount paid by you to Shoppers Lounge for use of its services whichever is the greater.

 

10        SHOPPERSLOUNGE.COM IS ONLY A VENUE

10.1     We are a venue introducing buyers and sellers of goods and services to negotiate contracts. We are not party to any transactions between buyers and sellers. We have no control over the quality, safety legality, accuracy or truth of the goods or services advertised nor do we make any representations as to the ability of sellers or buyers to complete their contractual obligations in the transaction.

10.2     You should be aware of the risks in transacting with foreign individuals or businesses and should not assume that the identity of all Users have been verified by shopperslounge.com. Users may be under age or using false identities and you should exercise caution when entering into a contract.

10.3     There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between shopperslounge.com and any User registered with our site.

 

11.       DISCLAIMER

11.1     It is our intention that information on this site is accurate and up to date. However, we cannot guarantee this and make no warranties as to accuracy of any content. Errors on our site are rare but can happen.

11.2     You agree that the use of our site and its services are at your sole risk. Our site is provided on an “as is” basis. We make no representations or warranties of any kind, whether express or implied as to the operation of the site or the information, content, materials, or products included on the site. Any information provided by shopperslounge.com whether written or oral does not imply or create any warranty.

11.3     We do not guarantee interrupted, timely, error free or secure access to our services.

 

12.       INDEMNITY

12.1     You agree to indemnify and hold shopperslounge.com and its subsidiaries, affiliates, officers, directors, employee and agents harmless from all loss, damage, cost, expenses and claim which may be suffered or incurred by buyer or seller as a result of the use of our services.

 

13        LINKS

13.1     Our site contains links to other websites which are operated by third parties which may have different terms of use and privacy. We have no control over such websites and are not responsible for the content of them.  We do not endorse the content of such websites or the products and services or other information contained in them.

 

14        GOVERNING LAW

14.1     This Agreement shall be governed by English Law and is subject to the exclusive jurisdiction of the English Law.

14.2     All Users must comply with the English Law. However, you should also note that the laws of the jurisdiction of individual Users of this site may be different from English Law and that there may be additional requirements such as restrictions on importing or exporting etc.

Copyright © 2008 Shopperslounge. All rights reserved. Shopperslounge.com and logo are registered trademarks of Shoppers Lounge Ltd.
Designated trademarks and brands are the property of their respective owners. Use of this website constitudes acceptance of the Shoppers Lounge User Agreement and Privacy Policy.