NotBeenUsed.com Website User Agreement

Last Revised 10th August 2009

Terms + Conditions for NotBeenUsed.com

Website Terms and Conditions. THESE TERMS AND CONDITIONS ("Terms") govern the use of www.notbeenused.com ("the Website"). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.

1. The Use Agreement

1.1 These terms and conditions (“the Use Agreement”) govern any person’s (the “User”) browsing or use of the website at www.notbeenused.com or those powered by NBU Ltd. The Use Agreement applies between the User (whether an individual, business user or legal person) and NBU Ltd a company registered in England No. 6775125 (“NotBeenUsed Ltd”).

1.2 User agrees to be bound by the Use Agreement current at the time user commences each instance of access or use. The use Agreement may be updated or amended at any stage by NBU Ltd.

1.3 Use of notbeenused.com must be strictly in accordance with the procedures set out on the Website including but not limited to rules relating to the completion of deals conducted via the website and user conduct. Failure to abide by any of the procedures laid down shall constitute breach of the Use Agreement.

1.4 User agrees to defend, indemnify and hold harmless, NBU Ltd and/or it’s associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees resulting from any breach by User of the Use Agreement.

1.5 If NBU Ltd determines that a User has breached the Use Agreement NBU Ltd reserves the right at its absolute discretion to take any action that it deems necessary, including terminating without notice your use of the Website blocking access to the Website and removing listings posted on the Website.

1.6 NBU Ltd reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice to Users. NBU Ltd may suspend the Website at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

1.7 As an Individual User be aware that you may have statutory rights which are unaffected by these terms and conditions. More information about your statutory rights can be found here http://www.consumerdirect.gov.uk/search or by speaking to the Citizen’s Advice Bureau.

2. Browsing or Use

2.1 Users may browse notbeenused.com without registering. A User wishing to buy or sell via the website must register beforehand by following the procedures set out on the Website.

3. NBU Ltds Fees

3.1 No Registration fee is charged to either Vendor or Purchaser.

3.2 NBU Ltd charges commission to the Vendor for each individual product listed for sale via notbeenused.com. This is calculated at 5% of the items selling price.

3.3 User hereby gives to NBU Ltd a continuing authority to take payment of any fees, commission, listing fees, charges or costs payable from the credit or debit card or other payment method provided by the User to NBU Ltd upon registration unless a different acceptable payment method is provided by User or User’s registration is terminated.

4. Listings

4.1 Users must have all necessary permissions and be in a position to make the submission of listings material to notbeenused.com before doing so. All material information concerning each listing must be disclosed (including but not limited to comprehensive details of any encumbrances to ownership or possession of all goods advertised). Your listing copy (including text and photographs) must be legal, decent, honest and truthful, and comply with the British Code of Advertising Standards Authority, the Unfair Commercial Practices Regulations 2008 and all relevant legislation. NBU Ltd at its absolute discretion may require Users to supply additional information concerning the listings submitted.

4.2 Listings shall be made in accordance with the procedures found on the Website. NBU Ltd reserves the right to remove any listing from the website without notice to Users and without giving reasons and in particular may close down or delete listings that in its sole opinion have been submitted in violation of the Use Agreement.

4.3 It is User’s responsibility to ensure that any listings are not…………

4.3.1 - defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or Human Rights, or

4.3.2 - infringing the intellectual property rights of others.

4.3.3 - inclusive or comprised of prohibited items. Such as………………………

Fire arms and weaponry of any description, be that Shotguns, Handguns, De-Activated Weapons, Ammunition, Crossbows and Hunting knives.

Livestock and endangered species.

Items of clothing containing real fur.

Counterfeit or copied goods.

Explosives (including fireworks) and hazardous materials.

Gambling equipment.

Stolen items or those that are not legally owned by the seller.

4.3.4 – All products listed should be illegal in the UK.

4.4 NBU Ltd reserves the right to delete any such material that in its reasonable view is potentially actionable in any jurisdiction and without giving rise to any claim by User against NBU Ltd for so doing.

4.5 NBU Ltd shall have the final choice of the manner in which any listings will be searched, displayed, accessed, downloaded, copied, and otherwise used in the website and NBU Ltd may modify listings for this reason.

4.6 Items listed on notbeenused.com are advertised until sold. It is the responsibility of the seller to remove any items listed on the site that have been sold through means other than notbeenused.com.

5. Registration

5.1 Registration is personal to the individual registering and may not be transferred whether temporarily or permanently to another User. An individual User registering on behalf of a business must be authorized by that business to do so. The User is responsible for the actions of any person using the Facility under their login identity, and therefore agrees to notify NBU Ltd of any unauthorized use of their login.

5.2 Only Users over the age of 18 may register or use the website provided that User or the User’s business has not been temporarily or permanently suspended from the Website. NBU Ltd accepts no liability for use of the website by persons under the age of 18 in violation of the Use Agreement.

5.3 NBU Ltd reserves the right to refuse User registration, without cause for explanation or justification.

5.4 A User may terminate their registration at any time to NBU Ltd using the contact details shown on the Website. Any listing fee paid prior to the date and time of notification of termination of registration will be forfeit. NBU Ltd may terminate or suspend access to the Websites of any User who breaches the Use Agreement and/or on failure to pay any outstanding commission to NBU Ltd for listing on notbeenused.com.

6. User Conduct

6.1 A User must not……………

6.1.1 - interfere with the access or use of any other User or the proper functioning of the Websites whether by electronic or other means;

6.1.2 - distribute, download, reproduce, modify, enhance, deep link or use sell or distribute for commercial gain or otherwise use any material contained on the Website except as permitted with the proper functioning of the Facility;

6.1.3 - interfere with the intellectual property rights or confidential information of NBU Ltd in the Website and/or its contents. Access or use of the Website does not confer any license or right to use any logos, brands, trade marks or other intellectual property rights of NBU Ltd in any form or manner.

6.2 Any violations of the system or of the network security may result in civil or criminal liability. NBU Ltd reserves the right to report to law enforcement authorities any information or actions that NBU Ltd may, at its sole discretion, consider illegal.

7. Liability

7.1 Users shall indemnify and hold harmless NBU Ltd and its management in respect of any loss or damage to persons or property incurred through their accessing the Websites to the extent permitted by law.

7.2 NBU Ltd disclaims all liability whether arising in contract, tort (including negligence) or otherwise for any business loss resulting such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by NBU Ltd arising out of User’s use of the Facility. In the event a competent authority concludes that this exclusion of all liability is unreasonable then NBU Ltd limits its liability under this provision to: The listing fee payable by the User.

7.3 It is solely User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided by other Users through the Websites. NBU Ltd accepts no responsibility for checking or verifying the accuracy of material submitted to the Website and User accepts that NBU Ltd has no liability for the accuracy or otherwise of information provided by other Users. NBU Ltd gives no warranty that the website or goods obtained through it will meet User’s requirements, and is not responsible for any warranty on goods purchased through NotBeenUsed.com.

8. Disclaimers

8.1 NBU Ltd takes all reasonable efforts for data backup and business resumption procedures however; User is solely responsible for retaining back-up copies of all information submitted to the Website and acknowledges that Website powered by NBU Ltd may be subject to reasonable downtime for necessary or routine maintenance.

8.2 NBU Ltd makes no representations whatsoever about the content or functioning of any other Websites linked to the Website and whilst User may use links on the Website to access other third-party sites the use of such links is entirely at User’s own risk.

8.3 NBU disclaims all liability for the acts or omissions of persons unlawfully accessing or using the Website or misusing the personal information of Users obtained through the Websites whether such acts or omissions occur during use of the website or otherwise.

8.4 NBU Ltd disclaims all liability to (and therefore shall not be drawn into any) dispute between Vendor and Purchaser attaining to provenance of items sold, or fiscal transactions between Vendor and Purchaser.

9. Data Protection

9.1 User’s personal data supplied during the registration process is held and managed by NBU Ltd in accordance with its data protection policy. The data controller is NBU Ltd.

9.2 Any personal information you provide to NBU Ltd will be held securely in accordance with the Data Protection Act 1998. This Act protects your personal information and ensures that:

We only hold and process your information for purposes that we make clear to you in advance. We keep your information only for as long as we need to carry out these purposes. We have in place appropriate measures that ensure your information is held and processed securely and confidentially.NBU Ltd will not pass any information on to a third party.