OUR TERMS & CONDITIONS OF USE:
1.0 BASIC TERMS – THE SERVICES:
1.2 You hereby warrant that you alone are responsible for your use of the Services, for any Content or feedback you post to the Services, and for any consequences of those postings. Any Content you submit, post, or display could be viewable by other users of the Services and you should only provide Content that you are comfortable sharing with others and which do not cause distress, alarm or otherwise offend other users or persons (whether living or dead). This website is intended for use by persons aged 18 years and over.
1.3 You hereby warrant that you have legal capacity to form a binding contract with us. If you are accepting these Terms and using the Services on behalf of a company, organisation, partnership, co-operative, government, or other legal entity, you declare and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations applicable to your country of domicile.
1.4 We act as a supplier of classified advertising. The Users may read passively or can open an account with Us and transact business. We are the third party suppliers and act as a conduit between you and the advertiser/ end supplier. The Goods and Services we provide continually evolve and the form and nature of the Services we offer may alter or change from time to time without prior notice being given. We reserve the right to alter, suspend, stop or otherwise change the provision of our Products or Services, to either individual or all users at our sole discretion at all times.
1.5 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of such information on the Services are subject to change. You agree that we can exercise our right to display and offer such services at our sole discretion.
OUR SERVICES, PROVISION & CONTENT:
2.0 We are committed to providing a safe, educational, informative and enjoyable experience for users of our Services. Any Content or feedback, whether publicly posted or privately, is the sole responsibility of the person who originated such Content. We may not monitor or control all the Content which is posted via our Services and do not take responsibility for such Content. Any use or reliance on any Content or materials or product information posted via our website or obtained by you through the Services is your responsibility and at your own risk.
2.1 In any event, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, advertisement or communications posted via the Services or endorse any third party opinion/s announced, posted, discussed or otherwise posted via our Services. You warrant that any third party material used is not illegal to use.
THIRD PARTY WEBSITES:
3.0 This website may provide you with links to other websites on the Internet (“Linked Sites”). The Linked Sites are not under Our complete control, and We are not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein.
3.1 These links are provided for your convenience, and do not imply endorsement of such Linked Sites or any association with the operators of the Linked Sites. Your interactions with third parties associated with the Linked Sites are between you and those third parties associated with the Linked Sites. You hereby agree that Gearsella shall not be responsible for dealings with third parties associated with the Linked Sites.
4.0 You acknowledge and agree that the materials contained in this website are protected by copyright, trademark and other proprietary rights and laws. You may temporarily download or save to your disk or hard drive one copy of materials found on this website for your personal use only, provided such copies you make of this material must include any copyright, trademark or other proprietary notice located on the website which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this website for the purpose of creating a collection, compilation, database, or directory without Our express written permission.
CLASSIFIEDS, ADVERTS & SUBMISSIONS:
5.0 You hereby grant to Gearsella the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, advertisements or listings for products and/or services, or other information communicated to Us through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
5.1 Gearsella will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in Our future operations.
5.2 You agree that all Submissions provided on this website are the sole responsibility of the person or entity from which the Submission originated, and that you are responsible for each Submission that you post on this website. As Gearsella may make modifications of this website, you agree that We may at any time delete, refuse or move Submissions posted to the website for any reason.
5.3 Advertising is to be paid directly to Gearsella at the appropriate rate quoted to You. All copy for inclusion in the site should be sent to Us in the appropriate format requested by the date indicated. We reserve the right to reject any advertising that does not meet Our format request, is past any deadline indicated ad if in Our opinion violates Our quality or safety criteria.
5.4 You hereby agree without exception to pay for any and all advertising at the rate agreed with you by Us. Under the Distance Selling Regulations and Consumer Contract Regulations (UK), you are entitled to cancel your purchase within the 14 days ‘cooling off period’ from placing your order with Us. However, once we have placed your advertising or classified listing on Our website, no refund is possible.
5.5 The DSR and CCR provide that any products or services which are supplied as being ‘customised’ ‘bespoke’ or specific to your needs is exempt from such cooling off period or refunds and you hereby acknowledge that your advertising or classified advertisements, constitute such customised or bespoke services and that no refund is possible, unless a clear error with it by Us can be shown.
NO UNLAWFUL OR PROHIBITED USE:
6.0 The website may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, Blogs, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.
6.2 You agree that you will not:
6.2.1 Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, racist, homophobic, sexist, defamatory, libellous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
6.2.2 Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
6.2.3 Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
6.2.4 Improperly assume or claim the identity, characteristics, or qualifications of another person.
6.2.5 Conduct or forward surveys, contests, pyramid schemes, or chain letters.
6.2.6 Harvest, ‘scrape’ or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
6.2.7 Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this website, from which you are restricted.
6.2.8 Violate any applicable laws or regulations.
6.2.9 Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website, and shall not post hyperlinks to other websites that contain content that falls within the descriptions set out above.
6.3 Gearsella is not obligated to monitor the communications contained on the website. However, We may at Our sole discretion edit, decline to post, or remove any information or materials or any portion thereof. You agree that you will create only one account for use of this website, and that business entities are only entitled to one account for use with this website.
LEGAL AGE FOR USE OF THIS SITE:
7.0 This website is not intended for children under the age of 18. By using this website, you affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 18, please do not provide Submissions or otherwise use this website.
8.0 Any user names and/or passwords used for this website are for individual use only. You will be responsible for the security of your user name and/or password (if any). We will be entitled to monitor your password and, at Our discretion, require you to change it. If you use a password that We considers unsecure, offensive or infer fraudulent behaviour, We will be entitled to require the password to be changed and/or terminate your account.
8.1 You agree to provide true, accurate, current and complete information on this website for use in any program or service in which you participate through this website. If you provide Us any information that is false, inaccurate, out of date, or incomplete, or We have reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, We will be permitted to suspend or terminate your access to this website and the services thereof, and may refuse any and all current or future use of the services.
NO REPRESENTATIONS OR WARRANTIES:
9.0 GEarsella.co.uk makes no representations or warranties that this website if free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Our computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GEARSELLA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY ITEMS LISTED ON OUR WEBSITE. GEARSELLA MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE.
DISCLAIMER OF LIABILITY:
10.0 As the Gearsella website is a place for users to post advertisements and listings of goods and services for sale, you agree that this site merely acts as a conduit for persons to conduct sales and for buyers to purchase sellers’ goods. Gearsella has no control over the quality, safety or legality of the user-posted Submissions, the truth or accuracy of the Submissions, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer. We cannot and do not control whether or not buyers will complete the purchase of items they have contracted for.
10.1 Because Gearsella does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release Gearsella (and our agents and employees and any third party partners and/or licensees) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. Such indemnification and release of liability shall apply to this agreement to the fullest extent possible.
10.2 The information provided on this website is provided “as is” or “as available” and Gearsella make no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials or information shall be at your sole risk, and that We will not be liable in any way for Submissions or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise made available through the use of this website.
10.3 You should always take all precautions to ensure that you trust the integrity of the seller and that you are happy to proceed with any sale or purchase agreement, before you release any funds for the said purchase.
10.4 UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY UK LAW.
10.5 If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
11.0 You agree to defend, indemnify, and hold harmless gearsella.co.uk and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, any Submissions that you post on this website, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
TERMINATION OF THIS AGREEMENT:
12.0 Gearsella reserves the right to terminate your access to the website or to any or all of its services at any time without notice in our sole judgement for any reason whatsoever. We shall not be held liable to you or any third-party for any termination of your access to this website.
12.1 Your termination and release from these Tcs&Cs take effect when you delete any account you may have with gearsella and/or cease using this website.
TRADEMARKS AND COPYRIGHTS:
13.0 Trademarks, service marks, and logos appearing in this website are the property of gearsella.co.uk or the party that provided the trademarks, service marks, and logos to Our website. Gearsella and any party that provided trademarks, service marks, and logos to Us, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this website.
GENERAL MATTERS & JURISDICTION:
15.0 This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein.
15.1 This agreement is governed by, and construed in accordance with the laws of England & Wales, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction to the courts of England & Wales.
YOUR PERSONAL DETAILS:
16.0 In order to start purchasing via our site, you must register as a user on our Website. We will never share your information with anyone else (except where required by law or court order), and we do take the strongest steps we can to protect any information held by us. However, there are certain precautions you should take to assist with the protection of your information. Any access codes or passwords provided should be safeguarded at all times.
16.1 You are responsible for the security of your access codes and passwords, and will be solely liable for any use or unauthorised use under such access codes or passwords. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. Gearsella (or anyone on our behalf), will never phone you or mail you asking for sensitive personal details, bank or card details or passwords. Should this occur, you are advised to end the call or delete the email at once, and report the matter to us firstname.lastname@example.org We are not responsible for any losses or damage caused by your failure to safeguard your login and password details.
DATA PROTECTION AND ACCESS TO ANY INFORMATION HELD ABOUT YOU:
17.0 You may ask us whether we are storing any personal information about you by emailing us at email@example.com and, if you wish, we will provide you with a copy of the personal data we hold about you by email (UK users only). We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if in our opinion, your identity as a user of our service is not established.
17.1 We may charge you a statutory small fee of £10 should you require a copy of any such information under the terms of the Data Protection Act. Our business address for written correspondence or service of any document, is Harvest Creative Media Ltd, a company registered in England & Wales under company number 7152751 (“trading as gearsella.co.uk”), 21 Neville Road, Birmingham, B237SA, United Kingdom. The telephone number for Customer Support is 07916816539.
This document was last revised on 01/03/2016.