Terms and Conditions of Use
This website is operated and managed by Tenex, Kemp House, 152 – 160 City Road, London EC1V 2NX, United Kingdom
“Content” means all data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, all images and all other material on the Website.
“Post” means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words “Posted” and “Posting” shall be interpreted accordingly.
“User” means anyone who has a user account, or is an Advertiser who posts online adverts.
“Services” means all or any services provided by us through www.sparegear.co.uk.
“Website” means all web pages available under the domain of www.sparegear.co.uk.The Website
The website is a peer to peer marketplace. Sellers may list Items and buyers may find Items through the website.
Sparegear.co.uk is not responsible for contracts for the supply of goods, services or information formed through the Website, between you and users. We are simply a platform for buyers and sellers to make contact.
Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. The Website is not a party to the contract between the seller and buyer nor is the website liable under the contract.
Complaints or disputes should be dealt with directly with the other party in the transaction. If this needs to be escalated then raise the dispute through the payment provider, such as Paypal.
We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from third party sellers through the Website, or from companies who have advertised through the Website or whose website we have provided a link, and any such warranties and assurances are disclaimed by us. This disclaimer does not affect your statutory rights against the third party seller.
Using the Website
You agree when using the Website that you will not:
- Post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third party rights or our systems or policies
- Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties
- Post content in contravention to relevant laws, regulations or advertising standards guidelines
- Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services
- Post false, inaccurate, misleading, defamatory, or libelous content;
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
- To place links on the Website where those links take users to unlawful material or material that contravenes these Terms
- Use any robot, spider, scraper or other automated means to access our Services for any purpose
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of the Website and the appropriate third party, as applicable; harvest or otherwise collect information about users, such as email addresses, without their consent; or circumvent any technical measures we use to provide the services to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- To disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
You are solely responsible for all information that you submit to the Website and any consequences that may result from content you post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching our Terms. We also reserve the right at our discretion to restrict a user’s usage of the Website either temporarily or permanently.
Mis-use of the Website
We work hard to ensure the Website is working properly technically and for all our Users. Please report problems, offensive content and policy breaches to us.
Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Website if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Website’s employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off the Website or not, we do not have any obligation to monitor the information transmitted or stored on our site, services and applications and we do not accept any liability for unauthorised or unlawful content on the Website or by the Users of the Website.
We may change our fees, or introduce new fees from time to time by posting the changes on in the prices section of the Website.
Some Services require payment in full before their use. In such cases the amount payable will be clearly indicated.
We may change our prices from time to time. In which case you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates.
We will not start to provide the paid-for Services (and shall be under no obligation to do so) until we have been paid in advance in accordance with these Terms.
Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the paid-for Services until you have paid the outstanding amounts.
For those Users on recurring billing for their ongoing or month to month Services. By providing or designating a Payment Method, you authorise us to charge you the appropriate monthly at the then current rate, and any other charges you may incur in connection with your use of our Services to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to commissions due or additional services you have incurred, and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
You are required to have a valid payment method on file when using our Services. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file, retaining debt collection agencies or instigate legal proceedings to recover outstanding amounts.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Intellectual Property and Copyright
The names, images and logos identifying Sparegear , the Website or third parties and their products and services are subject to copyright, design rights and trademarks of Sparegear and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Sparegear , the Website, or any other third party.
The copyright and all other rights in the material on the Website are owned by Tenex or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to Tenex.
User Generated Content and Advertisement Content
Users are solely responsible for Content they have posted on to the Website.. Sparegear is not responsible, or liable whatsoever, for the content or accuracy of any Content Posted by Users or any other user of the Website.
Users undertake that any Content Posted by them will comply with all relevant and appropriate laws, advertising standards and copyright legislation and you indemnify us for any breach of this undertaking. You may not submit any defamatory or illegal material of any nature to Sparegear via the the Website or otherwise. This includes text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
Users agree to only submit materials which are your own original work. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
Any Content Users Post to the Website will be considered non-confidential and non-proprietary. By Posting Content you grant to us an irrevocable, worldwide, royalty free and sub-licensable licence and right to use, copy, distribute and disclose to third parties any such Post and Content for any purpose.
Sparegear reserves the right (but not the obligation) at its sole discretion to refuse, review edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Sparegear will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Sparegear is aware of it. If you object to the publication of any material placed on the Website please contact us.
Linking to the Website
You may link to the Website, 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.
The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Terms.
You are not permitted;
to use any logos or trademarks displayed on the Website without the express written permission of Sparegear, to link from a website that is not owned by you to link to your website if it contains content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
If you wish to make any use of material on the Website other than that set out above, please contact us.
Whilst Sparegear endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Sparegear. No liability shall be accepted by Sparegear for any inaccuracy or omission in the information provided on the Website or the Sparegear Materials. All implied warranties are excluded from these Terms to the extent that they may be excluded as a matter of law.
Sparegear will use reasonable endeavours to ensure that the Website and the Sparegear Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Sparegear excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the Sparegear Materials.
Sparegear will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.
Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Sparegear has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Sparegear therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Sparegear gives no warranty that links to third party sites on the Website shall be marked as such.
The Website may contain links to third party websites where you may purchase items or purchase items from third parties through the Website. Users acknowledge that when making a purchase from a third party on the Website or a third party website you enter into a contract with that third party at your own risk and Sparegear will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Sparegear are responsible for their conduct or any contracts that you enter into with them.
The Website may from time to time contain advertising and sponsorship. Sparegear is not responsible for either the content of the material provided by such Users and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Sparegear can provide no warranty that it will not take advertisements or sponsorship from your competitors.
While every endeavour will be made to meet the wishes of Users, Sparegear does not guarantee the insertion, the position, or the colour of any particular advertisement or post.
Sparegear reserves the right to omit, suspend, or change the position of any advertisement, even if it has already been accepted for publication.
Sparegear does not accept responsibility for any loss or damage caused by (a) an error, inaccuracy or omission in the printing of the advertisement: (b) for any failure to publish an advertisement on the date or dates specified by the User: (c) for the publication of an advertisement on the date or dates specified by the User whether the actual date be earlier or later than the date or dates specified.
Sparegear reserves the right to make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.
The User/Advertising Agency agrees to indemnify Sparegear in respect of all costs, damages, or other charges falling upon the newspaper as the result of legal actions or threatened legal actions arising from the publication of the advertisement, or any one or more of the series of advertisements, published in accordance with the copy instructions supplied to the newspaper in pursuance of the User’s/Advertising Agency’s order. In any case where a claim is made against the newspaper or the newspaper is used in litigation the User/Advertising Agency may ultimately be liable under the terms hereof, notice in writing shall be given to the User/Advertising Agency, and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of.
Copy must be supplied without application. In the event of copy instructions not being received by the copy date the Sparegear reserves the right to repeat copy last used. Sparegear cannot accept changes in dates of insertion unless these are confirmed in writing in time for the change to be made. Sparegear reserves the right to charge for any additional expense involved in such changes.
Suspension of access to the Website and User Indemnities
If, for any reason, Sparegear believes that you have not complied with any of these Terms it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
Without prejudice to the provisions of this Clause, you agree to compensate Sparegear in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the Sparegear Materials (or by a third party using your username and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of the Using the Website Clause.
Limitation of Sparegear’s Liability
Sparegear will not be liable to you for any loss or damage caused by Sparegear or its employees or sub-contractors in circumstances where:
there is no breach of a legal duty of care owed to you by Sparegear (or its employees or sub-contractors); or such loss or damage is not a reasonably foreseeable result of any such breach; or in respect of any increase in the loss or damage resulting from your actions.Nothing in these Terms & Conditions shall exclude or limit Sparegear’s liability for: death or personal injury caused by the negligence of Sparegear and/or its employees negligence; or fraudulent misrepresentation by Sparegear and/or its employees.
These Terms shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms unless the Sparegear shall elect to bring proceedings in the courts of the country of the user’s residence or of principal place of business.
These Terms, as varied by Sparegear from time to time form the entire understanding between us. Headings in these Terms are for convenience only and will have no legal meaning or effect.
No delay or indulgence by Sparegear in enforcing the provisions of these Terms shall affect Sparegear’s rights under them nor shall any waiver of Sparegear’s rights operate as a waiver of any subsequent breach.
No right, power or remedy conferred upon or reserved for Sparegear is exclusive of any other right, power or remedy available to Sparegear provided either under these Terms or as a matter of law and each such right, power or remedy shall be cumulative.
You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms.
If any provision of these Terms are found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms, which shall remain valid and enforceable.
Nothing in these Terms shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.