Terms & Conditions - Asset Sales
This User Agreement sets out the terms and conditions which apply when you use our services available on this site (the "Site") to offer, sell or purchase physical assets to or from other users. You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a user of the services on the Site.
We may amend this User Agreement at any time by posting the amended User Agreement on the Site. Any amended User Agreement will apply from the date that it is posted on the Site.
1 Our Status
We are not a purchaser, seller or an auctioneer but only provide the Site as a venue which allows users to offer, sell, and buy physical assets to each other. Accordingly:
we do not examine or inspect the physical assets or the seller’s title to such assets;
we do not review the sales information provided by sellers;
we are not involved in transactions between buyers and sellers;
we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the sales information, the ability of sellers to sell items or the ability of buyers to pay for items;
we do not accept any obligation to protect you from unsafe items listed for sale on our Site;
you should not assume that items listed will be harmless to people or property;
we are not responsible for ensuring that buyers and sellers actually complete a transaction;
you should not assume that the offer, sale or purchase of any item is valid and legal simply because it is listed on the Site;
in the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action without recourse to us, and you release us from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.
2 Your Status
If you are under 18 years old, you can use this service only with the approval of and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
3. Buyers’ Obligations
As buyer, you must ensure that you are able to buy any item that you agree to purchase.
4. Sellers’ Obligations
4.1 If you are a seller, you must ensure that:
you are legally able to sell each item you offer for sale on the Site;
if there are any export or other restrictions relating to the item, that it is lawful to sell and/or export such item to a person resident in the buyer’s jurisdiction or of the buyer’s status;
you describe the terms of sale on the listing page of the Site;
your sales information is not misleading but is legal, decent, honest and truthful, and that you only include text descriptions, graphics, pictures and other content relevant to the sale of that item;
you are responsible for ensuring that you have the right to use all content in your sales information and we have the right to host it on our servers.
4.2 As a seller, your sales information and your activities on or through our Site must not:
be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
infringe any third party’s copyright, patent, trade mark, trade secret, confidence or other proprietary rights or rights of publicity or privacy;
be fraudulent or involve the sale of counterfeit or stolen items;
be offensive, menacing, abusive or defamatory;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
5.1 We charge fees to sellers for listing items for sale through our Site. Our fees are available on request which forms part of this User Agreement. All fees are subject to value added tax. We may change these arrangements at any time.
5.2 You acknowledge that we will commence supplying our services to you as soon as you have agreed with us to sell an item on our Site, and you recognise that you will not have the right to cancel any sale under the Consumer Protection (Distance Selling) Regulations 2000 or as amended from time to time.
To enable us to use your sales information, you as a seller grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to exercise the copyright, trade mark, publicity, and database rights you have in your sales information, to use on and in connection with the Site. You also waive all moral rights you have in your sales information to the fullest extent permitted by law.
7. Your Use of Other Users' Information
In order to allow interaction among our users, our service allows you certain access to other users' contact information. By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site:
you may only use such information for Site related communications that are not unsolicited commercial messages and relate to your genuine participation in a Site facilitated transaction and any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s);
you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws;
you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them;
that except as expressly permitted in this clause, you shall not disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you:
8.1 if you breach this User Agreement or the documents incorporated by reference;
8.2 if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
8.3 if we believe that your actions may cause us financial loss or legal liability.
9. Provision of Service
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
10. Limitation of Liability
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other service providers or providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to us must be sent by registered mail to us at MGA House, Ray Mill Road East, Maidenhead, Berkshire, SL6 8ST and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
13. Governing Law
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
14. Third Party Rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The following general provisions apply:
15.1.1 If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable;
15.1.2 You agree that this User Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or any other event;
15.1.3 You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement;
15.1.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section;
15.1.5 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches;
15.1.6 Sections 3 (Buyers’ Obligations), 5 (Fees), 10 (Limitation of Liability), 11 (Indemnity), 13 (Governing Law), and 14 (Third Party Rights) shall survive any termination of this User Agreement;
15.1.7 This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
Copyright © 2005-2011 Asset Lifecycle Management Ltd