USER AGREEMENT

Terms of website use

The following describes the terms on which Sellebrity Limited (“us” or “we”) offers you access to our services.

WWW.SELLEBRITY.ORG.UK is a site operated by Sellebrity Limited.  We are registered in England and Wales under company number 07510629 and we have our registered office at Bank Chambers, Market Place, Reepham, Norfolk, NR10 4JJ.  Our main trading address is 4 RIVERSIDE ROAD, NORWICH, NR1 1SQ. Our VAT number is 921994988.

These terms and conditions apply to the Services (the “Services”) available from the domain and sub-domains of WWW.SELLEBRITY.ORG.UK (the “Website”).

Before you may become a member of WWW.SELLEBRITY.ORG.UK, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.

This User Agreement constitutes a legally binding agreement between you and us.

Acces the Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our Website without notice (see below).

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

We will not be liable if for any reason our Website is unavailable at any time or for any period. We cannot guarantee continuous or secure access to our services, and operation of our site may be interfered with by numerous factors outside our control. We do not give any promises or warranties (whether express or implied) about the availability of the Services.

You are responsible for making all arrangements necessary for you to have access to our Website.  You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them. 

You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your membership to the Website has been suspended.

U our Website

When u our Website, you must comply with the provisions of our acceptable use policy [Acceptable Use Policy].

You can browse the Website at any time without registering.  To use the Services, you are required to register as a member by completing the online "User Registration Form" on the Website and submitting it to us by clicking on the "Register" link.  You should only register if you qualify for membership. 

If you are registering on behalf of a business entity, you represent and warrant that you have authority to bind the entity to this User Agreement.  Without prejudice to your warranty, we reserve the right to ask you for written authority from the business entity before registering any business entity.

You agree to ensure that your registration details are up to date and accurate and to update any details when necessary use the MY ACCOUNT link on the Website.

You warrant and undertake to us that all the information supplied to us on the user registration form is true and accurate.

We reserve the right in our sole discretion to refuse any application to register and access our services and to temporarily or indefinitely suspend any registered members. 

We reserve the right to cancel unconfirmed accounts or accounts that have been active for a long time or to modify or discontinue the Website. You agree not to hold us responsible for any loss you may incur as a result of us taking this action.

User Name and Passwords

You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.

You are responsible for use of the Website when access to the Website is obtained through the use of your user name and password whether authorised or unauthorised.

You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Website.

If you believe that your user name and/or password has become known to another person or you are aware of any other breach of security regarding the Website, then you must notify us immediately.

You agree and warrant that you will implement and comply with the above procedures.

We reserve the right to withdraw user names and passwords at any time without notice and in our sole discretion including but not limited to where we have reason to believe that such user name and password have been discovered and/or used by any person or organisation other than you.

Bidding and Buying

You can only make a bid and use the services on the Website if you are registered.  You agree to comply with any instructions or notifications posted on the Website from time to time in relation to use of the Services.

All auctions will be conducted in pounds sterling ("GB£").  You are responsible for ensuring that you have sufficient funds to cover the cost of your bid and make payment in accordance with the applicable payment method.

Any bid that you make via the Website constitutes a legal offer to buy the item from us.  You may not retract a bid except for limited circumstances allowed under applicable law, for example, where the item does not materially comply with the description provided in relation to it on the Website.

We may agree to permit retraction of a bid in certain other circumstances, for example if a bid has been placed by someone else u your password but without authorisation but such retractions shall be at our sole discretion and if you bid is not cancelled you will be liable to pay for the item. If you wish to raise a case for retracting a bid you should contact us at 4 RIVERSIDE ROAD, NORWICH, NR1 1SQ or INFO@SELLEBRITY.ORG.UK

By placing a bid on the Website you warrant that:

You are legally capable of entering into binding contracts; and

You are at least 18 years old.

We are entitled to set applicable minimum bids or reserve requirements and are entitled to change these during the auction period.  If an auction subject to a reserve ends and the reserve price is not met you and us are released from any obligation to complete the Transaction.

By bidding for an item you agree to be bound by any conditions of sale included in the item's description on the Website.

If you bid for an item via the Website, you acknowledge and agree that if you have placed the highest bid which is (where applicable) at or above any reserve price or minimum bid and, you have entered into a legally binding contract to buy the item from us. 

We have full discretion to refuse to accept your bid or withdraw any lot for whatever reason at any time.

We reserve the right to cancel or stop an auction at any time.

If your bid is successful you will be contacted by us to confirm acceptance of your bid and the amount of the successful bid and details of the relevant items, payment method details and delivery details.

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.

Payment

Payment for items can be made by using PAYPAL. In order to use this facility, you will need to register for a PAYPAL account at WWW.PAYPAL.CO.UK. This facility is provided by a third party and use of this facility is subject to the applicable terms and conditions on the third party website.  We are not responsible for these third party services.

Payment is due and payable on closure of the auction.

The amount of any successful bid will be inclusive of VAT (if any) but will be exclusive of delivery or collection costs. 

Charitable Contributions

100% of the price paid for each item (excluding delivery charges) will be given to the nominated charity.

Delivery

Items will be delivered within 14 days of payment to the address given at the time of registration. Time for delivery is however not of the essence and we shall not be liable to any delay in delivery of the item if caused by an event outside our reasonable control.

The delivery charge will be clearly displayed on the item listing and some items may be sold on a collection only basis. If this is so stipulated, the item must be collected within 14 days of the conclusion of the auction.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these terms that is caused by events outside our reasonable control (“Force Majeure Event”).

Our performance under these terms 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.

Returns

You are responsible for inspecting any items at the time of delivery to ensure that they match the items described on the Website. 

We will only accept return of the items if it can be shown that the description on the Website was substantially different from that delivered.

In limited circumstances, where you are entitled to return an item, it must be returned direct to us within 14 days of delivery/collection. Items are returned at your own cost and risk. The item will remain your responsibility until it is received by us, so we therefore recommend you return the item by recorded delivery.

You acknowledge that there is no other right to return or cancel items that you have purchased and that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to these Services.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others to material posted on our Website. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility ari from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Our Website changes regularly

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Limitation of liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury ari from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Subject to clause 11.1 above:

We make every reasonable effort to ensure that we provide accurate, complete and up-to-date information on the Website.  However, the website and services are provided on an "as is" and "as available" basis.  We do not make any representation or warranty of any kind express or implied regarding the contents or availability of the Website or Services. 

Use of the website and the Services are at your sole risk.  We will not be liable for any direct, indirect or consequential loss or damage howsoever ari as a result of your use or reliance on the website or services to the maximum extent permitted by law.

Any hyperlinks to third party sites provided via this website exist for information purposes and your convenience only and we do not endorse the content of such sites.   We are unable to accept any liability for any loss or damage ari directly or indirectly from the content of such sites.

Without prejudice to the above, in any event our liability shall be limited to an amount not exceeding:

The amount paid or payable by you or the highest bidder to us for the  items to which the claim relates for one incident or series of incidents attributable to the same cause or if no such amount is paid or payable the market value of such items; or

Where no amount is paid or payable the maximum sum of [£100          ].

Indemnity

You agree that you will only use our sites and services in accordance with this User Agreement.

You will indemnify us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur ari out of any breach by you of this User Agreement or your violation of any law or the rights of a third party.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When u our Website, 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 website. 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.

Information about you and your visits to our Website

We process information about you in accordance with our Privacy Policy [Privacy Policy].  By u our Website, you consent to such proces and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclo your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Any software downloaded from the Website or as part of the Services is at your own risk and we do not accept liability for any direct or indirect loss or damage howsoever caused as a result of any computer viruses, bugs, trojan horses, worms, software bombs or other similar programs ari from your use of the Website.  Whilst we will do our best to ensure that the Website is free from such destructive programs, it is your responsibility to take reasonable precautions to scan for such destructive programs.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Website other than that set out above, please address your request to INFO@SELLEBRITY.ORG.UK

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim ari from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 

These terms of use and any dispute or claim ari out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise the terms of this User Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

General

No waiver of any breach of any provision of these terms of use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.

The section titles in these terms of use are for convenience only and have no legal or contractual effect.

If a court of competent jurisdiction determines that any provision of these terms of use is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these terms of use.

Except as explicitly stated otherwise, legal notices shall be served by recorded delivery to 4 RIVERSIDE ROAD, NORWICH, NR1 1SQ. We shall send notices to you by email to the email address you provide to us during the registration process. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by recorded delivery to the address provided during the registration process. Notices sent to either party by recorded delivery shall be deemed to have been received by that party three days after the date of mailing.

A person who is not a party to this 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.

In our sole discretion, we may assign or transfer our rights and obligations under this User Agreement at any time. You may not assign or transfer your rights.

This User Agreement and the documents referred to in it sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Your concerns

If you have any concerns about material which appears on our Website, please contact INFO@SELLEBRITY.ORG.UK