WEBSITE TERMS OF USE

1                 Our website

Our website facilitates a convenient way to buy and sell goods over the Internet and is operated by CycleStar Limited. We provide an advertising vehicle through which traders can sell and customers can buy products (‘the Services’). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.

When using our site you must comply with the provisions of our acceptable use policy Acceptable-Use-Policy.htm.

We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.

2                 Our role

Our site is a place for sellers to advertise and sell goods and for customers to buy them. We act as venue and do not have and never intend to have any contractual involvement in your transactions and at no stage advertise for sale or purchase, buy or sell or purport to buy or sell any of the products displayed on our site. Any disputes between buyers and sellers are just that—we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.

3                 Registration

3.1             You are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (ie those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.

3.2             On occasions certain individuals and members will be refused access to the Services or their use of the site may be terminated. Such suspensions and terminations shall be within our sole discretion.

4                 Information you provide

4.1             You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example, during the registration or listing process.

4.2             Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete.  In addition all photographs used on the site must have the prior consent of the photographer.

4.3             Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy Acceptable-Use-Policy.htm.  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

4.4             Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or is in any other way illegal.

4.5             We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

4.6             We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy Acceptable-Use-Policy.htm  or otherwise in our absolute discretion.

4.7             We process information about you in accordance with out privacy policy Privacy-Policy.htm.

5                 Security

5.1             You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.

6                 Availability of site

While we will endeavour to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions.

7                 General rules governing listing and selling

7.1             In relation to all goods you sell or offer for sale through the Services:

7.1.1          you must be the absolute unencumbered legal owner with the right to sell those goods;

7.1.2          your sale or the use of the goods must not infringe any third party rights or be unlawful in any way; and

7.1.3          you must ensure it is lawful to sell and export (if applicable) the goods to the buyer in their jurisdiction.

7.2             If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’). Once you post the Listing Information, the item becomes ‘a Listed Item’.

7.3             A Listed Item will remain listed on the Site until:

7.3.1          it is sold; or

7.3.2          the seller-specified listed time expires (if any); or

7.3.3          we receive written notice via fax or email from you that you wish to de-list it; or

7.3.4          we consider in our absolute discretion the listing is in breach of the terms or our acceptable use policy.

A Listed Item will be de-listed on receipt by us of written notice via fax or email from you that you wish to de-list.

7.4             All email correspondence sent in relation to a Listed Item shall be copied into us.

7.5             We at our own discretion will filter and reject and therefore will not forward to the seller any emails that are sent through the web site which are considered scam emails, emails sent from competitors web sites or from websites/email addresses or people associated with, in connection with or promoting any website which may be considered in competition with us.  Emails sent through the website in response to sellers that state any of the above or had any references to websites will also be automatically rejected.  Any rejected emails will be checked by us and will be forwarded to the advertiser if we feel they were filtered in error.

8                 Privacy policy

We take privacy issues seriously. Our current privacy policy Privacy-Policy.htm covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our privacy policy.

9                 Termination

We have in our sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:

9.1             act inconsistently and in breach of these terms and conditions;

9.2             at any time violate or attempt to violate any rights of any other user of the Services or third party;

9.3             are engaged in any fraudulent activity; or

9.4             fail to make any payments due to us in accordance with these terms.

10              Compliance with laws

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

10.2           We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

11              General release

11.1           As discussed, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to bid for them and buy them.

11.2           Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings and the capacity of any seller or any buyer to transact.  In particular, we make no warranties or representations that either the buyer or seller have the necessary licences or otherwise are able to buy or sell the item as appropriate.  You accept sole responsibility for the legality of your actions under laws applying to you. 

11.3           Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.

11.4           In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your use or in relation to your dealings with such other user or third party including, but not limited to, all fees and expenses incurred. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.

11.5           Your acceptance of these terms and conditions also acts as a general release of us and any of our subsidiaries (and all of our officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.

11.6           In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of CycleStar Limited  howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

11.7           Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

12              Intellectual Property Rights

12.1           We are the proprietor of the CycleStar unregistered trade mark and get-up. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.

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

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

13.4        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.

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

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

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

13              Notices

Except as otherwise stated, any notices you wish to send to us should be e-mailed to sales@cyclestar.co.uk. Any notices that we may wish to draw to your attention will be displayed on our website.

14              Applicable law

Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

15              Events beyond our control

We will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

16              Invalidity

If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

17              Entire agreement

This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.