Preloved Terms and Conditions of Use

1. Definitions

2. Our Contract

These terms and conditions regulate the relationship between you and us. By buying our Services or using Preloved free of charge, you agree to be bound by them.

3. Preloved is a Venue

3.1 Preloved acts as a venue for sellers to list Items, buyers to find Items, and for users to exchange their views and opinions. We are not involved in the actual transaction between buyers and sellers.

3.2 We are under no obligation to monitor or record the Postings or other activity of any User, nor do we assume any responsibility for the quality, safety or legality of Items Posted, the truth or accuracy of any Postings, the ability of sellers to sell Items nor the ability of buyers to buy Items.

3.3 Any views or opinions Posted are those of the author, and do not necessarily represent those of ourselves.

3.4 Due to the difficulty in authenticating Users over the Internet, we cannot confirm each User's identity. There are risks associated with buying and selling in such an environment and by using Preloved you agree to accept such risks.

4. Price and Payment

4.1 Some Services require payment to be made in full prior to use. In such cases, the amount payable will be clearly indicated and requires payment prior to delivery.

4.2 We may change our prices from time to time. In this case you will be given notification of this in advance and have the opportunity to decline prior to payment.

4.3 Prices are inclusive of any applicable value added tax or other sales tax.

4.4 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

4.5 By making a payment you are agreeing to immediate delivery of the Service and you will therefore be unable to obtain a refund should you later wish to cancel. No refunds will be given for unused periods of Service.

5. Acceptable use Policy

You agree to comply with these provisions:

5.1 You will not use or allow anyone else to use Preloved to Post any Items or other materials that:

• do not meet the guidelines published at http://www.preloved.co.uk/guidelines/
• are false, inaccurate or misleading
• are fraudulent or involves the sale of counterfeit or stolen items
• infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
• violate the law of any established jurisdiction;
• are defamatory, libelous, unlawfully threatening or unlawfully harassing
• violate the legal rights of others
• embarrass or cause distress or discomfort upon another user
• are obscene or contain child pornography
• contain viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
• is unlicensed software;
• is software which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;
• promote discrimination or animosity to any person on grounds of gender, race or colour.
• links to any of the material specified in this paragraph;

5.2 You will not use the Services for spamming. Spamming includes, but is not limited to:

• The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
• Sending messages that promote alternative advertising services;
• Excessive and repeated posting off-topic messages to the forums;
• Excessive and repeated cross-posting;
• Harassment of another User, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
• The emailing of age inappropriate communications or content to anyone under the age of 18;
• The use of any robot, spider or other automated device or manual process to collect email addresses or other personal information.
• Any other action that restricts or inhibits other Users from enjoying Preloved.

5.3 You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system.

5.4 You must state whether or not any Items advertised are offered in the course of a trade or business. You must be legally entitled to offer the Items you advertise. You must ensure that all Items you Post are in no way unlawful, and comply with the British Code of Advertising Practice in all respects.

5.5 If you are under the age of 18 years, you must bring these terms and conditions to the attention of your parent or guardian, and that person must agree that you may join. You may not enter areas of the site that are marked as being for persons over the age of 18.

5.6 You must make every effort to keep your password safe and not disclose it to any other person. You will immediately notify us, of any security breach or unauthorised use of your account. You will not interfere in any way with another User(s) use of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent.

5.7 You may only create one membership account per person.

5.8 You may only publish material on behalf of other parties with their express permission. In doing so you are responsible for ensuring that these Terms and Conditions are met in full.

5.9 You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership.

5.10 We reserve the right at our absolute discretion to refuse or remove any Posting, to edit or reclassify any Posting, or to withdraw the use of our service from any person or body as we see fit, without notice or notification and without being required to provide reasons.

6. Information you give us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.

7. Content and Intellectual Property Rights

7.1 Title, ownership rights, and intellectual property rights in the Content provided by us shall remain our sole property. We will strongly protect its rights in all countries.

7.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written authorisation.

7.3 You may post into the Services any Content owned by you. You accept all risk and responsibility for determining whether any Content is in the public domain. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all such rights.

7.4 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

7.5 You represent that any user name selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name and you will indemnify us for any claim or demand that arises out of your selection.

7.6 Preloved and the heart device is a registered trademark of Moo Ltd. "Prelover", "The Joy of Second Hand" and "Bargain Banter" are trademarks of Moo Ltd.

8. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

9. Interruption to the Service

9.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.

9.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.

9.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.

10. Our liability

10.1 Your use of the Services is without any warranty or guarantee.

10.2 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.

10.3 We or our content suppliers may make improvements or changes to Preloved, the content, or to any of the products and services described on Preloved, at any time and without notice to you.

10.4 You are advised that content may include technical inaccuracies or typographical errors.

10.5 We give no warranty and make no representation, express or implied, as to:

• the truth of any information given on Preloved by any Associate or third party;
• any implied warranty or condition as to merchantability or fitness for a particular purpose;
• compliance with any law;
• non-infringement of any right.

10.6 Much of the material provided on the Preloved is Posted (and thereby published) by Users. We are under no obligation to monitor, vet, check or approve any such material. We disclaim all responsibility for information published on Preloved by any person.

10.7 Preloved contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

10.8 In no event shall we or our content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of Preloved or the content available from Preloved.

10.9 These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.

11. Storage of Data

11.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages.

11.2 We may, from time to time and without notice, set limit(s) on the number of messages a User may send, store, or receive through the service, and we retains the right to delete any messages above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

12. Modification

We reserve the right to modify the Services and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. You must review this agreement on a regular basis to keep yourself updated of any changes.

13. Termination

13.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement by contacting us via our online contact form at the web address provided at the beginning of these Terms and Conditions. We reserve the right to check the validity of any request to terminate membership.

13.2 We may terminate this Agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

13.3 If we terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.

13.4 Termination by either party shall have the following effects:

• your right to use the Services immediately ceases;
• we are under no obligation to forward any unread or unsent messages to you or any third party;

13.5 In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed;

13.6 We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid and without notice or notification if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

14. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15. Action Limit

You and we agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.

16. No duty to monitor

We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.

17. Force majeure

17.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including acts of God, fire, natural disaster, war or military hostilities and strikes of its own employees.

17.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

17.3 If a default due to force majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.

18. No Waiver

No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

19. Relationship of parties

Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.

20. Dispute Resolution

In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

21. Jurisdiction

This Contract shall be interpreted according to the Laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

These Terms and Conditions were amended and posted on the 27th February 2007 and are effective immediately.